Common use of Disclaimer Clause in Contracts

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED).

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION 5.1, THE PRODUCTS LICENSOR MAKES AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDLICENSEE RECEIVES NO WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, WITH RESPECT TO THE PERFORMANCE STATUTORY, OR IN ANY OTHER PROVISION OF THE PRODUCTS AGREEMENT OR SERVICESANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT PURPOSE OR ANY IMPLIED ACCURACY OF DATA. THERE IS NO WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES LICENSED PRODUCT OR DATABASE LIBRARIES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. INSTITUTION LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED AND AGREED THAT DATA ENTRY, COMMUNICATION AND STORAGE ARE SUBJECT TO A POSSIBILITY OF HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY INTEGRATE OCLC’S PRODUCTS GIVE RISE TO LOSS OR DAMAGE, AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)LOSSES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4.2, PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED REGARDING OR RELATING TO ANY PORTION OF THE SERVICE OR ANY OTHER MATTER COVERED BY THIS AGREEMENT, THE PRODUCTS . PROVIDER SPECIFICALLY DISCLAIMS ANY AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR ALL IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT INFRINGEMENT. PROVIDER DOES NOT GUARANTEE THAT CUSTOMER’S ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING ERROR FREE OR COURSE OF PERFORMANCETHAT ALL ERRORS WILL BE CORRECTED. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC PROVIDER SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO THIRD-PARTY HOSTING PROVIDERS WITH WHOM CUSTOMER SEPARATELY CONTRACTS. PROVIDER DOES NOT MAKE ANY LOSS ARISING OUT OF FAILURE OF SUCH WARRANTIES AND SHALL HAVE NO OBLIGATIONS WITH RESPECT TO THIRD PARTY PRODUCTS OR SERVICES OR APPLICATIONS. CUSTOMER MAY HAVE OTHER EVENTS OUTSIDE STATUTORY RIGHTS, BUT THE DURATION OF OCLC’S REASONABLE CONTROL. ADDITIONALLYSTATUTORILY REQUIRED WARRANTIES, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY IF ANY, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SHORTEST PERIOD PERMITTED BY LAW.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PLATFORM IS PROVIDED ON AN “AS-IS” BASIS AND PANORAMA DISCLAIMS ANY AND ALL WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS ADDITIONAL REPRESENTATION OR WARRANTIES WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. ALL OTHER EXPRESS OR IMPLIEDIMPLIED CONDITIONS, WITH RESPECT REPRESENTATIONS AND WARRANTIES ARE HEREBY EXCLUDED TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY EXTENT ALLOWED BY APPLICABLE LAW. EACH PARTY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT INFRINGEMENT. NEITHER PARTY WARRANTS AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE PRODUCTS OR ANY IMPLIED WARRANTY ARISING SERVICES PROVIDED BY USAGE OF TRADE, COURSE OF DEALING SUCH PARTY OR COURSE OF PERFORMANCEAGAINST INFRINGEMENT. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES NEITHER PARTY WARRANTS THAT THE PRODUCTS AND OR SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR PROVIDED BY SUCH PARTY ARE ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE FREE OR THAT OPERATION OF SUCH THIRD PARTY PARTY’S PRODUCTS OR SERVICES WILL BE SECURE OR UNINTERRUPTED. NEITHER PARTY WILL HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF THE OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR PARTY TO ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PARTY.

Disclaimer. EXCEPT AS EXPRESSLY FOR EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, INRIVER MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED IN FACT OR BY OPERATION OF LAW, OR STATUTORY, AS TO ANY MATTER WHATSOEVER. INRIVER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INRIVER DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES (INCLUDING ANY SUPPORT SERVICES) WILL BE COMPLETELY ACCURATE OR ERROR FREE OR WILL MEET SUBSCRIBER’S REQUIREMENTS. SUBSCRIBER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATIONS OR WARRANTY ON BEHALF OF SUBSCRIBER TO ANY THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND, SUPPORT SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD ." INRIVER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER LOSS OR DAMAGE RESULTING FROM (A) TRANSFER OF DATA OVER COMMUNICATION NETWORKS SUCH AS THE INTERNET AND/OR (B) INABILITY TO ACCESS OR GET ACCURATE DATA FROM THIRD-PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS SYSTEMS AND/OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES APPLICATIONS THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SERVICE IS DEPENDENT ON.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTPROVIDED HEREIN, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS OR OTHER WARRANTIES OF ANY KIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS STATUTORY OR SERVICESOTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS PURPOSE OR WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. WITH THE PRODUCTS EXCEPTION OF THE EXPRESS WARRANTIES SET FORTH IN SECTION 7.1 ABOVE AND THE SERVICE LEVEL WARRANTY CONTAINED IN EXHIBIT “A”, EXHIBIT “B”, or EXHIBIT “C” ACCORDING TO THE SUPPORT LEVEL INCLUDED ON THE ORDER FORM, STARTEX DOES NOT MAKE ANY WARRANTIES THAT THE SERVICES ARE FREE FROM ANY BUGS, ERRORS OR OMISSIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, DURING THE EVALUATION TERM THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY. STARTEX WILL ALWAYS NOT BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE RESPONSIBLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS CUSTOMER DATA (OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROLANY DATA RELATED THERETO). ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION THE FOREGOING DISCLAIMERS WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED THE MAXIMUM EXTENT PERMITTED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)APPLICABLE LAW.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTSECTION, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE ON AN AS-IS BASIS. CUSTOMER’S USE OF THE PRODUCTS OR SERVICESSOFTWARE AND PURCHASE OF THE SERVICES ARE AT ITS OWN RISK. ATHELAS DOES NOT MAKE, INCLUDING, BUT NOT LIMITED TOAND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY, AND IMPLIED WARRANTY WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT NONINFRINGEMENT AND ACCURACY (OF DATA OR ANY IMPLIED WARRANTY OTHER INFORMATION OR CONTENT), AND ANY WARRANTIES ARISING BY USAGE OF TRADE, FROM A COURSE OF DEALING DEALING, USAGE, OR COURSE TRADE PRACTICE. ANY WARRANTIES MADE BY ATHELAS ARE FOR THE BENEFIT OF PERFORMANCECUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OTHER PROBLEMS INHERENT IN THE USE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREETHE INTERNET AND ELECTRONIC COMMUNICATIONS. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE ATHELAS IS NOT RESPONSIBLE FOR ANY LOSS DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THE ENTIRE RISK ARISING OUT OF FAILURE USE OR PERFORMANCE OF SUCH THIRD PARTY PRODUCTS THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, DATA, PRODUCTS, PROCESSES, AND OTHER MATTERS REFERENCED BY THE SERVICES REMAINS WITH THE CUSTOMER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ATHELAS DOES NOT GUARANTEE CONTINUOUS, ERROR- FREE, VIRUS-FREE, OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED SECURE OPERATION AND ACCESS TO THE FULLEST EXTENT PERMITTED)SOFTWARE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS WARRANTY IN THIS AGREEMENTSECTION 11.1, THE PRODUCTS ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND SERVICES ARE PROVIDED "AS IS” WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. VOCERA’S SOLE OBLIGATION REGARDING THE IMPLIED WARRANTY OF NONINFRINGEMENT SHALL BE AS SET FORTH IN THE DEFENSE OF CERTAIN CLAIMS SECTION OF THE VOCERA SUPPLEMENTAL TERMS AND CONDITIONS OR TERMS AND CONDITIONS OF QUOTATION, NON-INFRINGEMENT AS APPLICABLE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY IMPLIED WARRANTY ARISING RIGHTS HEREUNDER. ANY STATUTORY PROTECTION IMPOSED BY USAGE LAW IN RELATION TO THE SUPPLY OF TRADESERVICES WHICH CANNOT LAWFULLY BE EXCLUDED, COURSE OF DEALING RESTRICTED OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS MODIFIED OR WARRANTIES THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLEEXTENT PERMITTED BY LAW, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLCEND USER’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, REMEDY IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE RESPECT OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLCSTATUTORY PROVISIONS IS LIMITED, AT VOCERA’S REASONABLE CONTROL. ADDITIONALLYOPTION, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SOLE AND EXCLUSIVE REMEDY STATED IN THE LIMITED SERVICES WARRANTY CLAUSE ABOVE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSUBPARAGRAPH (b) BELOW, AND TO THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS GREATEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE UNIT. SELLER MAKES NO WARRANTY OR WARRANTIES REPRESENTATION OF ANY KINDNATURE, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THOSE OF WORKMANLIKE CONSTRUCTION, HABITABILITY, DESIGN, CONDITION, OR QUALITY AS TO THE LAND UNDERLYING THE RESORT, THE PROJECT, THE RESORT, THE COMMON ELEMENTS, THE LIMITED COMMON ELEMENTS, THE UNIT, OR THE OTHER IMPROVEMENTS CONSTITUTING THE RESORT OR THE PROJECT, AND SELLER HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY SUCH REPRESENTATIONS OR WARRANTIES. SELLER SPECIFICALLY DISCLAIMS, AND PURCHASER FOR ITSELF AND FOR THE PURCHASER PARTIES, SPECIFICALLY RELEASES SELLER FROM, ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO ANY PERSON OR THE UNIT OR ANY OTHER REAL OR PERSONAL PROPERTY RESULTING FROM A DEFECT. WITH REGARD TO THE APPLIANCES AND ANY OTHER ITEMS OF MERCHANTABILITYTANGIBLE PERSONAL PROPERTY, SELLER DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED).

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTHEREIN, THE PRODUCTS AND SERVICES ARE PROVIDED "PLATFORM IS BEING DEPLOYED TO YOU “AS IS” AND OCLC KIVUTO AND ITS THIRD PARTY SUPPLIERS DO MAKE NO WARRANTY AS TO ITS USE, RELIABILITY OR PERFORMANCE. KIVUTO DOES NOT MAKE ANY REPRESENTATIONS AND CANNOT WARRANT THE PERFORMANCE OR WARRANTIES OF ANY KINDRESULTS YOU MAY OBTAIN BY USING THE PLATFORM. KIVUTO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. GIVEN THE NATURE AND VOLUME OF MALICIOUS AND UNWARRANTED ELECTRONIC CONTENT, KIVUTO DOES NOT WARRANT THAT THE PLATFORM OR ANY SERVICES THEREOF WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR WILL DETECT SECURITY THREATS OR MALICIOUS CODE OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE OR PROVIDED THROUGH THE PLATFORM IS ACCURATE, COMPLETE OR FREE OF VIRUSES, MALICIOUS CODE, INTRUSIONS, SECURITY BREACHES OR OTHER HARMFUL CONTENTS OR COMPONENTS. CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH RESPECT TO THE PERFORMANCE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE PRODUCTS OR SERVICES, PLATFORM INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY THE RISKS OF MERCHANTABILITYPROGRAM ERRORS, FITNESS FOR A PARTICULAR PURPOSEDAMAGE TO EQUIPMENT, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE LOSS OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARESOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE LIABILITY SHALL BE LIMITED TO APPROPRIATENESS OF USE THE FULLEST EXTENT PERMITTED)PLATFORM AND ASSUMES ALL RISKS ASSOCIATED WITH ITS USE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF THE PRODUCTS MERCHANTABILITY OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO ANY PATENT RIGHTS, NONCONFIDENTIAL INFORMATION OR KNOW-INFRINGEMENT HOW OF SUCH PARTY OR ANY IMPLIED WARRANTY ARISING LICENSE GRANTED BY USAGE OF TRADESUCH PARTY HEREUNDER, COURSE OF DEALING OR COURSE OF PERFORMANCEWITH RESPECT TO ANY COMPOUNDS, INCLUDING BUT NOT LIMITED TO THE TRANSFERRED MATERIALS, OR PRODUCTS. OCLC FURTHERMORE, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES NO ANY REPRESENTATIONS OR WARRANTIES THAT ANY PATENT, PATENT APPLICATION, OR OTHER PROPRIETARY RIGHTS INCLUDED IN PATENT RIGHTS, CONFIDENTIAL INFORMATION OR KNOW-HOW LICENSED BY SUCH PARTY TO THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OTHER PARTY HEREUNDER ARE VALID OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE ENFORCEABLE OR THAT USE OF SUCH THIRD PARTY PRODUCTS PATENT RIGHTS, CONFIDENTIAL INFORMATION OR SERVICES KNOW-HOW CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER EVENTS OUTSIDE INTELLECTUAL PROPERTY RIGHTS OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PARTY.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION, THE PRODUCTS AND SERVICES THERE ARE NO OTHER WARRANTIES, LIABILITIES OR REMEDIES PROVIDED "AS IS” AND OCLC AND ITS BY AXWAY, AXWAY'S SUPPLIERS OR ANY OTHER THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF SERVICES. OTHER THAN THE PRODUCTS FOREGOING EXPRESS WARRANTIES, THE SERVICE AND THE CONTENT THEREIN ARE PROVIDED TO CUSTOMER STRICTLY ON AN "AS IS" BASIS. AXWAY MAKES NO WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, OR SERVICESFREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SUBSCRIPTION SERVICE WILL SATISFY CUSTOMER’S SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDINGAXWAY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY TO IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS RIGHTS. SOME STATES AND SERVICES. HOWEVERJURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL SO THE ABOVE LIMITATION MAY NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)CUSTOMER.

Disclaimer. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONBOARD EXPRESSLY SET FORTH IN THIS AGREEMENTDISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO ONBOARD AND THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDSERVICES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS ARISING BY LAW, CUSTOM, PRIOR ORAL OR SERVICESWRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE STATEMENTS REGARDING CAPACITY OR SUITABILITY OR PERFORMANCE OF TRADEONBOARD AND THE SERVICES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COURSE PASSAGEWAYS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES ONBOARD WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE UNINTERRUPTED OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVERFREE OR BE FREE FROM LOSS, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLYSECURITY INTRUSION, UNDER AND YOU AGREE THAT PASSAGEWAYS SHALL HAVE NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY LIABILITY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)YOU RELATING THERETO.

Disclaimer. EXCEPT AS EXPRESSLY SPECIFICALLY SET FORTH IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY AGREES THAT THE FOREGOING REPRESENTATIONS AND WARRANTIES CONSTITUTE SUCH PARTY’S SOLE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT. EACH PARTY, WITH RESPECT TO ITS OWN PRODUCTS, MAKES NO, AND DISCLAIMS ANY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY AND ANY WARRANTY AGAINST INTERFERENCE WITH QUIET ENJOYMENT OR AGAINST INFRINGEMENT. NO ORAL, OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUCH PARTY SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE PRODUCTS SCOPE OF THE AFOREMENTIONED REPRESENTATIONS AND SERVICES ARE PROVIDED "AS IS” WARRANTIES. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, EACH PARTY EXPRESSLY DISCLAIMS ANY AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO INCLUDING WITHOUT LIMITATION, ALL EXPRESS WARRANTIES, IF ANY, MADE BY SUCH PARTY. THE PERFORMANCE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)AGREEMENT.

Disclaimer. EXCEPT AS EXPRESSLY THE WARRANTIES SET FORTH IN THIS SECTION 9 ABOVE ARE PROVIDED IN LIEU OF, AND EACH PARTY HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, CAPTISOL, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS LICENSED PATENTS OR WARRANTIES OF ANY KINDTHE CAPTISOL DATA PACKAGE, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY TO THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CYDEX’S WARRANTIES UNDER THIS AGREEMENT ARE SOLELY FOR THE BENEFIT OF COMPANY AND MAY BE ASSERTED ONLY BY COMPANY AND ANY ASSIGNEE OF COMPANY’S RIGHTS UNDER THIS AGREEMENT PURSUANT TO SECTION 14.15 BELOW AND NOT BY ANY AFFILIATE, SUBLICENSEE OR ANY IMPLIED WARRANTY ARISING BY USAGE CUSTOMER OF TRADECOMPANY, COURSE OF DEALING ITS AFFILIATES OR COURSE OF PERFORMANCESUBLICENSEES. OCLC MAKES NO COMPANY, ITS AFFILIATES AND SUBLICENSEES SHALL BE SOLELY RESPONSIBLE FOR ALL REPRESENTATIONS OR AND WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLECOMPANY, FREE ITS AFFILIATES OR SUBLICENSEES MAKE TO ANY CUSTOMER OF HARMFUL COMPONENTSCOMPANY, ACCURATE ITS AFFILIATES OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SUBLICENSEES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTCONTENT ON THE Incidentshare, THE PRODUCTS INCLUDING WITHOUT LIMITATION, MATERIALS, AND SERVICES ARE PRODUCED CONTENT, IS PROVIDED "ON AN “AS IS” BASIS WITH NO WARRANTY. 9.a. Incendium, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS NO REPRESENTATION OR WARRANTIES WARRANTY OF ANY KINDKIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE Incidentshare AND DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Incendium, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY (I) WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-; (II) WARRANTIES AGAINST INFRINGEMENT OR OF ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS INTELLECTUAL PROPERTY OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED).PROPRIETARY RIGHTS;

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENTSECTION 6, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS ONSOLVE MAKES NO REPRESENTATION OR WARRANTIES WARRANTY OF ANY KIND, EXPRESS OR IMPLIEDIMPLIED (IN FACT OR BY OPERATION OF LAW), WITH RESPECT OR STATUTORY, AS TO ANY MATTER WHATSOEVER INCLUDING THAT THE PERFORMANCE SERVICES OR THE DOCUMENTATION ARE ERROR-FREE OR THAT OPERATION OR USE OF THE PRODUCTS SERVICES WILL BE SECURE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY UNINTERRUPTED. ONSOLVE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE INFRINGEMENT. THE SUBSCRIPTION SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCETHE INTERNET AND ELECTRONIC COMMUNICATIONS. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE ONSOLVE IS NOT RESPONSIBLE FOR ANY LOSS DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS AND SHALL NOT HAVE ANY LIABILITY FOR PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE ARISING OUT OF FROM FAILURE OF THE SUBSCRIPTION SERVICES TO DELIVER AN ELECTRONIC COMMUNICATION, HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY, EVEN IF ONSOLVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA DAMAGE OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer. RECIPIENT HEREBY ACKNOWLEDGES THAT PROVIDER AND ITS AFFILIATES DO NOT ORDINARILY PROVIDE THE SERVICES CONTEMPLATED UNDER THIS AGREEMENT TO THIRD PARTIES AS PART OF THEIR RESPECTIVE BUSINESS ACTIVITIES. ACCORDINGLY, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, RECIPIENT ACKNOWLEDGES AND AGREES THAT THE PRODUCTS AND SERVICES ARE PROVIDED "“AS IS” ”, THAT RECIPIENT ASSUMES ALL RISK AND OCLC LIABILITY ARISING FROM OR RELATING TO ITS USE AND RELIANCE UPON THE SERVICES, AND NEITHER PROVIDER NOR ITS THIRD PARTY SUPPLIERS DO NOT MAKE AFFILIATES NOR ANY OF THEIR RESPECTIVE REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WHATSOEVER, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, BY STATUTE OR OTHERWISE, IN CONNECTION WITH OR WITH RESPECT TO THE PERFORMANCE ANY OF THE PRODUCTS OR SERVICES. PROVIDER AND ITS AFFILIATES AND THEIR RESPECTIVE REPRESENTATIVES DISCLAIM ALL OTHER EXPRESS AND ALL IMPLIED WARRANTIES RELATING TO THE SERVICES, INCLUDINGINCLUDING IMPLIED WARRANTIES OF QUALITY, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ALL WARRANTIES ARISING BY USAGE OUT OF TRADE, COURSE OF DEALING OR COURSE USAGE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT TRADE AND THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE NON-INFRINGEMENT OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PARTIES.

Disclaimer. PURCHASER HEREBY ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT SELLERS MAKE ANY NO REPRESENTATIONS OR WARRANTIES OF ANY KINDWHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER RELATING TO THE PERFORMANCE PURCHASED ASSETS. WITHOUT LIMITING THE FOREGOING, SELLERS HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AS TO ANY PORTION OF THE PRODUCTS PURCHASED ASSETS. PURCHASER FURTHER ACKNOWLEDGES THAT PURCHASER HAS CONDUCTED AN INDEPENDENT INSPECTION AND INVESTIGATION OF THE PHYSICAL CONDITION OF THE PURCHASED ASSETS AND ALL SUCH OTHER MATTERS RELATING TO OR SERVICESAFFECTING THE PURCHASED ASSETS AS PURCHASER DEEMED NECESSARY OR APPROPRIATE AND THAT IN PROCEEDING WITH ITS ACQUISITION OF THE PURCHASED ASSETS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE EXCEPT FOR ANY LOSS ARISING OUT OF FAILURE OF REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, PURCHASER IS DOING SO BASED SOLELY UPON SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)INDEPENDENT INSPECTIONS AND INVESTIGATIONS.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED).

Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENTARTICLE 6 (REPRESENTATIONS), THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY INCLUDING WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT NONINFRINGEMENT, OR VALIDITY OF PATENT CLAIMS. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY EITHER PARTY THAT EITHER PARTY WILL BE SUCCESSFUL IN OBTAINING ANY IMPLIED WARRANTY ARISING BY USAGE PATENT RIGHTS, OR THAT ANY PATENTS WILL ISSUE BASED ON A PENDING APPLICATION. WITHOUT LIMITING THE RESPECTIVE RIGHTS AND OBLIGATIONS OF TRADETHE PARTIES EXPRESSLY SET FORTH HEREIN, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES EACH PARTY SPECIFICALLY DISCLAIMS ANY GUARANTEE THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVERSUCCESSFUL, IN NO EVENT WILL OCLC BE LIABLE WHOLE OR IN PART. *** = INDICATES MATERIAL THAT WAS OMITTED AND FOR ANY LOSS ARISING OUT WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY1933, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)AS AMENDED.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 10.1, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE TSRI MAKES NO OTHER WARRANTIES CONCERNING LICENSED PATENT RIGHTS OR ANY REPRESENTATIONS OR WARRANTIES OF OTHER MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS RIGHTS OR ARISING OUT OF FAILURE COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND DISCLAIMS ALL SUCH THIRD PARTY PRODUCTS EXPRESS OR SERVICES IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF LICENSED PATENT RIGHTS, OR THAT ANY LICENSED PRODUCT WILL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER EVENTS OUTSIDE INTELLECTUAL PROPERTY RIGHTS OF OCLCTHIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY LICENSED PATENT RIGHTS COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE LICENSED PATENT RIGHTS ARE SUITABLE FOR LICENSEE’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PURPOSES.

Disclaimer. Except as expressly set forth in this Agreement, THE ARCTURUS TECHNOLOGY IS PROVIDED “AS IS.” EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, VALIDITY OR ANY IMPLIED WARRANTY ENFORCEABILITY OF PATENT CLAIMS, OR ARISING BY USAGE OF TRADE, FROM A COURSE OF DEALING DEALING, USAGE OR COURSE TRADE PRACTICES. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY EITHER PARTY THAT EITHER PARTY WILL BE SUCCESSFUL IN OBTAINING ANY PATENT RIGHTS, OR THAT ANY PATENTS WILL ISSUE BASED ON A PENDING APPLICATION. WITHOUT LIMITING THE RESPECTIVE RIGHTS AND OBLIGATIONS OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THE PARTIES EXPRESSLY SET FORTH HEREIN, EACH PARTY SPECIFICALLY DISCLAIMS ANY GUARANTEE THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVERSUCCESSFUL, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS WHOLE OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PART.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION 10.1, THE NEITHER PARTY MAKES ANY WARRANTIES OR REPRESENTATIONS CONCERNING ANY LICENSED TECHNOLOGY, PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE OR ANY REPRESENTATIONS OR WARRANTIES OF OTHER MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS IMPLIED OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVERRIGHTS, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS TITLE, ACCURACY, OR ARISING OUT OF FAILURE COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND EACH PARTY DISCLAIMS ALL SUCH EXPRESS, IMPLIED OR STATUTORY WARRANTIES. NEITHER PARTY MAKES ANY WARRANTY OR REPRESENTATION AS TO THE VALIDITY, SCOPE OR ENFORCEABILITY OF ANY LICENSED TECHNOLOGY OR THAT ANY LICENSED TECHNOLOGY OR PRODUCT WILL NOT INFRINGE ANY THIRD PARTY PRODUCTS RIGHTS, OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER THAT NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWAREIS IN ANY WAY INFRINGING UPON OR MAY INFRINGE UPON ANY LICENSED TECHNOLOGY COVERED BY THIS AGREEMENT. THIS SECTION WILL NOT APPLY FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION OR WARRANTY THAT THE LICENSED TECHNOLOGY IS SUITABLE FOR LICENSEE’S PURPOSES. LICENSEE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SUCCESS OF EFFORTS TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)DEVELOP AND COMMERCIALIZE PRODUCTS.

Disclaimer. IT IS EXPRESSLY AGREED THAT THE WARRANTY SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF DOT VN, ITS CUSTOMERS AND END USERS. UNDER NO CIRCUMSTANCES SHALL E-BAND BE LIABLE FOR ANY COSTS, LOSS, EXPENSE, DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE DESIGN, MANUFACTURE, SALE, USE OR REPAIR OF PRODUCTS, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY. IN NO EVENT WILL LIABILITY EXCEED THE DOT VN LIST PRICE OF THE APPLICABLE PRODUCT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTHEREIN, THE PRODUCTS AND SERVICES ARE PROVIDED "ON AN “AS IS” BASIS. THE WARRANTY AND OCLC LIMITS OF LIABILITY CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS LIABILITIES, EXPRESSED OR IMPLIED ARISING BY LAW, CUSTOM, BY ORAL OR WRITTEN STATEMENTS. ALL IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY AND WARRANTIES ARISING BY USAGE OF TRADE, FROM COURSE OF DEALING DEALING, USAGE OR COURSE TRADE PRACTICE, AND ANY DUTIES OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS LACK OF NEGLIGENCE OR WARRANTIES THAT THE PRODUCTS WORKMANLIKE EFFORT ARE HEREBY DISCLAIMED BY E-BAND, ITS LICENSORS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)REPRESENTATIVES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTFOR THE ABOVE EXPRESS LIMITED WARRANTY, THE PRODUCTS WINK MAKES AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR TOSHIBA RECEIVES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS LICENSED ENGINE PRODUCT, EXPRESS, IMPLIED, STATUTORY OR SERVICESOTHERWISE, INCLUDING, BUT NOT LIMITED TO, AND WINK SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY . 7 LIMITATION OF LIABILITY WINK'S LIABILITY ARISING BY USAGE OUT OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCETHIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS RECEIVED FROM TOSHIBA HEREUNDER. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC SHALL EITHER PARTY BE LIABLE FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY NOR SHALL EITHER PARTY BE LIABLE FOR LOST PROFITS OR ANY LOSS CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, EXCEPT THAT, WITH RESPECT TO CLAIMS BY WINK AGAINST TOSHIBA FOR BREACH OF THE SCOPE OF LICENSES GRANTED IN THIS AGREEMENT, WINK SHALL BE ENTITLE TO RECOVER LOST PROFITS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE ESSENTIAL PURPOSE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)REMEDY.

Disclaimer. PURCHASER HEREBY ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN ARTICLE IV AND OTHERWISE IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT SELLERS MAKE ANY NO REPRESENTATIONS OR WARRANTIES OF ANY KINDWHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER RELATING TO THE PERFORMANCE PURCHASED ASSETS. WITHOUT LIMITING THE FOREGOING, SELLERS HEREBY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AS TO ANY PORTION OF THE PRODUCTS PURCHASED ASSETS. PURCHASER FURTHER ACKNOWLEDGES THAT PURCHASER HAS CONDUCTED AN INDEPENDENT INSPECTION AND INVESTIGATION OF THE PHYSICAL CONDITION OF THE PURCHASED ASSETS AND ALL SUCH OTHER MATTERS RELATING TO OR SERVICESAFFECTING THE PURCHASED ASSETS AS PURCHASER DEEMED NECESSARY OR APPROPRIATE AND THAT IN PROCEEDING WITH ITS ACQUISITION OF THE PURCHASED ASSETS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE EXCEPT FOR ANY LOSS ARISING OUT OF FAILURE OF REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASER IS DOING SO BASED SOLELY UPON SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)INDEPENDENT INSPECTIONS AND INVESTIGATIONS.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH SPECIFIED IN THIS AGREEMENTTHE LIMITED WARRANTY STATEMENT SPECIFIED IN PARTB.12.1 ABOVE, TO THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITYMERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (EVEN IF KNOWN TO CISCO), NON-INFRINGEMENT NONINFRINGEMENT, SATISFACTORY QUALITY OR ANY ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE ARE HEREBY EXCLUDED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED EXCLUDED, SUCH WARRANTY IS, TO THE EXTENT PERMITTED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LAW, LIMITED TO THE FULLEST EXTENT PERMITTED).90-DAY PERIOD PROVIDED IN THE LIMITED WARRANTY STATEMENT SPECIFIED IN PART B.12.1 ABOVE. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. REGISTERED PARTNER SHALL NOT MAKE ANY WARRANTY COMMITMENT BEYOND THE LIMITED WARRANTY REFERENCED IN PART B.12.1 OR AS OTHERWISE SPECIFIED IN PART

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED HEREIN OR IN THIS AGREEMENTA STATEMENT OF SERVICE, PERISCOPE DOES NOT WARRANT THAT ACCESS TO THE PRODUCTS PLATFORMS, SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES PERISCOPE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. FURTHER, PERISCOPE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SERVICES PROVIDED BY THIRD PARTY TECHNOLOGY SERVICE PROVIDERS RELATING TO OR SUPPORTING A PLATFORM, INCLUDING HOSTING AND MAINTENANCE SERVICES, AND ANY CLAIM OF CUSTOMER ARISING FROM OR RELATING TO SUCH SERVICES SHALL, AS BETWEEN PERISCOPE AND SUCH SERVICE PROVIDER, BE SOLELY AGAINST SUCH SERVICE PROVIDER. THE PLATFORMS, SOFTWARE AND SERVICES ARE PROVIDED "AS IS” ," AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDPERISCOPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST MAXIMUM EXTENT PERMITTED)PERMITTED BY APPLICABLE LAW.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED HEREIN OR IN THIS AGREEMENTA STATEMENT OF SERVICE, PERISCOPE DOES NOT WARRANT THAT ACCESS TO THE PRODUCTS PLATFORMS, SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES PERISCOPE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. FURTHER, PERISCOPE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SERVICES PROVIDED BY THIRD PARTY TECHNOLOGY SERVICE PROVIDERS RELATING TO OR SUPPORTING A PLATFORM, INCLUDING HOSTING AND MAINTENANCE SERVICES, AND ANY CLAIM OF CUSTOMER ARISING FROM OR RELATING TO SUCH SERVICES SHALL, AS BETWEEN PERISCOPE AND SUCH SERVICE PROVIDER, BE SOLELY AGAINST SUCH SERVICE PROVIDER. THE PLATFORMS, SOFTWARE AND SERVICES ARE PROVIDED "AS IS” ," AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDPERISCOPE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST MAXIMUM EXTENT PERMITTED)PERMITTED BY APPLICABLE LAW.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH THE AUTHENTIC SOFTWARE IS NEITHER GUARANTEED NOR WARRANTED TO BE ERROR-FREE NOR SHALL ANY LIABILITY BE ASSUMED BY ALTOVA IN THIS AGREEMENTRESPECT. NOTWITHSTANDING ANY SUPPORT FOR ANY TECHNICAL STANDARD, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO AUTHENTIC SOFTWARE IS NOT MAKE ANY REPRESENTATIONS INTENDED FOR USE IN OR WARRANTIES IN CONNECTION WITH, WITHOUT LIMITATION, THE OPERATION OF ANY KINDNUCLEAR FACILITIES, EXPRESS AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL EQUIPMENT, MEDICAL DEVICES OR IMPLIEDLIFE SUPPORT SYSTEMS, WITH RESPECT TO MEDICAL OR HEALTH CARE APPLICATIONS, OR OTHER APPLICATIONS WHERE THE PERFORMANCE FAILURE OF THE PRODUCTS AUTHENTIC SOFTWARE OR SERVICESERRORS IN DATA PROCESSING COULD LEAD TO DEATH, INCLUDINGPERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE AUTHENTIC SOFTWARE AND ANY DATA GENERATED OR PROCESSED BY THE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL DEFEND, BUT NOT LIMITED TOINDEMNIFY AND HOLD ALTOVA, ITS OFFICERS AND EMPLOYEES HARMLESS FROM ANY IMPLIED WARRANTY 3RD PARTY CLAIMS, DEMANDS, OR SUITS THAT ARE BASED UPON THE ACCURACY AND ADEQUACY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT THE AUTHENTIC SOFTWARE IN YOUR USE OR ANY IMPLIED WARRANTY ARISING DATA GENERATED BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, AUTHENTIC SOFTWARE IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)YOUR USE.

Disclaimer. THE LIMITED WARRANTY SET FORTH IN SECTION 8.1 IS MADE FOR THE BENEFIT OF SUBSCRIBER ONLY. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 8.1 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS SERVICES (INCLUDING THE APPLICATION AND SERVICES DOCUMENTATION) ARE PROVIDED "“AS IS,” AND OCLC AIRWORKS MAKES NO (AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR WARRANTIES OF ANY KINDCONDITIONS, EXPRESS OR WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICESSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION, DOCUMENTATION, OR SERVICES (IN WHOLE OR IN PART) OR ANY IMPLIED WARRANTY ARISING OTHER PRODUCTS OR SERVICES PROVIDED TO SUBSCRIBER BY USAGE AIRWORKS. AIRWORKS DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS APPLICATION SHALL BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE UNINTERRUPTED OR ERROR-FREE. INSTITUTION SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SUBSCRIBER.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ANY DAC SERVICES CONTEMPLATED IN THIS AGREEMENT, ANNEX I HEREOF (INCLUDING WITHOUT LIMITATION TURBINETRACKER™ AND ANY SOFTWARE) WHICH MAY BE PROVIDED BY P&WC OR THE PRODUCTS AND SERVICES DAC ARE PROVIDED "“AS IS,” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY P&WC DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS ORAL OR SERVICESWRITTEN, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, NON-INFRINGEMENT INTERFERENCE WITH ENJOYMENT, OR ACCURACY, AND ALL WARRANTIES IMPLIED FROM ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE USAGE OF PERFORMANCETRADE. OCLC MAKES NO REPRESENTATIONS ALL REPORTS FURNISHED TO CUSTOMER AS A RESULT OF THE DAC SERVICES MAY BE BASED ON INFORMATION FURNISHED BY CUSTOMER OR WARRANTIES THAT OTHER OWNERS OR OTHER OPERATORS OF MONITORED ENGINES; NEITHER P&WC NOR THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE DAC SHALL HAVE LIABILITY FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS ERRORS IN OR SERVICES OMISSIONS FROM THE DATA AND REPORTS PROVIDED TO CUSTOMER, OTHER OWNERS OR OTHER EVENTS OUTSIDE OPERATOR. IT IS CUSTOMER’S RESPONSIBILITY TO DETERMINE THE SUITABILITY OF OCLCTHE SERVICES FOR CUSTOMER’S REASONABLE CONTROLPURPOSES. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA CUSTOMER ACKNOWLEDGES THAT 100% AVAILABILITY IS NOT REALIZABLE AND THAT INACCURACIES OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)MALFUNCTIONS MAY OCCUR.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THE WARRANTIES PROVIDED BY THE PARTIES HEREIN ARE THE ONLY WARRANTIES PROVIDED BY THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES BY THE PARTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS SUBJECT MATTER OF THIS AGREEMENT. THE NETSCAPE LICENSED TECHNOLOGY AND SERVICES EXCITE LICENSED TECHNOLOGY ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ," "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KINDKIND AND NETSCAPE AND EXCITE, RESPECTIVELY, DISCLAIM ALL OTHER WARRANTIES RELATED THERETO, EXPRESS OR IMPLIED, WITH RESPECT TO INCLUDING WITHOUT LIMITATION THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE PURPOSE AND NONINFRINGEMENT OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCETHIRD PARTY RIGHTS. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES NEITHER PARTY WARRANTS THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE NETSCAPE LICENSED TECHNOLOGY OR EXCITE LICENSED TECHNOLOGY IS ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT FREE OR THAT ITS OPERATION WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS SECURE OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)UNINTERRUPTED.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXCLUSIVE WARRANTIES SET FORTH IN THIS AGREEMENTESMA, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC CGSI AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE DISCLAIM ANY REPRESENTATIONS OR AND ALL OTHER WARRANTIES OF ANY KIND, (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE PERFORMANCE OF CLOUDERA PRODUCTS, HORTONWORKS PRODUCTS, THE PRODUCTS OR SUPPORT SERVICES, INCLUDINGAND/OR THE SERVICES, BUT NOT LIMITED TOWHETHER ALLEGED TO ARISE BY OPERATION OF LAW, ANY IMPLIED WARRANTY BY REASON OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT CUSTOM OR ANY IMPLIED WARRANTY ARISING BY USAGE OF IN THE TRADE, BY COURSE OF DEALING OR COURSE OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE SUITABILITY FOR ANY LOSS ARISING OUT PURPOSE (WHETHER OR NOT CGSI KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF FAILURE ANY SUCH PURPOSE); AND (III) WARRANTIES OF SUCH THIRD PARTY NONINFRINGEMENT OR CONDITION OF TITLE. CGSI AND ITS SUPPLIERS MAKE NO WARRANTIES WITH RESPECT TO THE CLOUDERA PRODUCTS OR SERVICES HORTONWORKS PRODUCTS BEING FREE FROM BUGS, ERRORS, OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWAREOMISSIONS. THIS SECTION DISCLAIMER AND EXCLUSION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT EVEN IF ANY OF THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)EXPRESS WARRANTIES SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTAGREEMENT OR AN ADDENDUM, THE PRODUCTS ABSOLUTE DISCLAIMS ALL REPRESENTATIONS AND SERVICES ARE PROVIDED "AS IS” WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT INFRINGEMENT, LOSS OF DATA, ACCURACY OF RESULTS, OR ANY IMPLIED WARRANTY OTHERWISE ARISING BY USAGE OF TRADE, FROM A COURSE OF DEALING OR COURSE OF PERFORMANCERELIANCE. OCLC MAKES NO REPRESENTATIONS ABSOLUTE DOES NOT REPRESENT OR WARRANTIES WARRANT THAT ANY PRODUCT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY PRODUCT WILL BE COMPATIBLE WITH ANY PARTICULAR DEVICE, THAT ANY DATA PROVIDED BY ABSOLUTE THROUGH ANY PRODUCT WILL BE ACCURATE, OR THAT ITS SECURITY MEASURES WILL BE SUFFICIENT TO PREVENT THIRD-PARTY ACCESS TO CUSTOMER DATA OR CUSTOMER’S DEVICES. ABSOLUTE SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS PROVIDED WITH THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLEFOR THE AVAILABILITY OF, FREE OF HARMFUL COMPONENTSOR CUSTOMER’S USE OF, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (INFORMATION STORED ON OR IN WHICH EVENT CONNECTION WITH THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PRODUCTS.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN (a) THE LICENSED MATERIALS OR OTHER INFORMATION LICENSED OR FURNISHED (INCLUDING OPEN SOURCE SOFTWARE) UNDER THIS AGREEMENT, THE PRODUCTS AND SERVICES AGREEMENT ARE PROVIDED "LICENSED “AS IS” WITH ALL FAULTS, LATENT AND OCLC PATENT AND WITHOUT ANY WARRANTY OF ANY TYPE. NOKIA AND ITS RELATED COMPANIES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, NOKIA AND ITS RELATED COMPANIES MAKE NO REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED MATERIALS OR OTHER INFORMATION LICENSED OR FURNISHED WILL NOT INFRINGE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY SUPPLIERS DO NOT AND IT SHALL BE THE SOLE RESPONSIBILITY OF LICENSEE TO MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE PERFORMANCE ACQUISITION OF LICENSES UNDER PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. NOKIA AND ITS RELATED COMPANIES SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY LICENSEE OR ANY OTHER THIRD PARTY ON ACCOUNT OF, OR ARISING FROM, THE USE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES LICENSED MATERIALS OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROLINFORMATION FURNISHED HEREUNDER. (b) Except for Licensee’s breach of Section 5.05, no Party shall be liable to another Party for incidental, indirect, special, exemplary or consequential loss or damages of any nature, or for lost profits, savings or revenues of any kind, however caused under this Agreement, whether or not the applicable Party has been advised of the possibility of such damages. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)This Section 5.03(b) shall survive failure of an exclusive remedy.

Disclaimer. EXCEPT CUSTOMER UNDERSTANDS AND AGREES THAT BANK’S SOLE LIABILITY WITH RESPECT TO SERVICES PROVIDED HEREUNDER SHALL BE AS EXPRESSLY SET FORTH HEREIN. IN THIS AGREEMENTTHE EVENT THAT BANK FAILS TO PERFORM SERVICES PROPERLY, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND BANK’S SOLE OBLIGATION SHALL BE FOR BANK TO REPERFORM THE PRODUCTS SERVICES AT ITS OWN EXPENSE. BANK DISCLAIMS ANY AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDALL WARRANTIES, EXPRESS OR IMPLIED, WITH WRITTEN OR ORAL IN RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SERVICES ARE NOT WARRANTED TO BE FREE FROM ERROR OR INTERRUPTION. BANK SHALL HAVE NO LIABILITY, NON-INFRINGEMENT WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY IMPLIED WARRANTY OTHERWISE, TO CUSTOMER ARISING BY USAGE OUT OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS RELATED TO THIS AGREEMENT OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLCBANK’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BANK BE LIABLE TO CUSTOMER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER BANK WAS INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER ANY LOSS ARISING OUT LIMITED REMEDY HEREIN FAILS OF FAILURE ITS ESSENTIAL PURPOSE. CUSTOMER’S REMEDIES HEREIN ARE EXCLUSIVE AND IN LIEU OF SUCH THIRD PARTY PRODUCTS ALL OTHER REMEDIES IN LAW OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)EQUITY.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTSECTION, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE ON AN AS-IS BASIS. CUSTOMER’S USE OF THE PRODUCTS OR SERVICESSOFTWARE AND PURCHASE OF THE SERVICES ARE AT ITS OWN RISK. ATHELAS DOES NOT MAKE, INCLUDING, BUT NOT LIMITED TOAND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY, AND IMPLIED WARRANTY WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT NONINFRINGEMENT AND ACCURACY (OF DATA OR ANY IMPLIED WARRANTY OTHER INFORMATION OR CONTENT), AND ANY WARRANTIES ARISING BY USAGE OF TRADE, FROM A COURSE OF DEALING DEALING, USAGE, OR COURSE TRADE PRACTICE. ANY WARRANTIES MADE BY ATHELAS ARE FOR THE BENEFIT OF PERFORMANCECUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. OCLC MAKES NO REPRESENTATIONS THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ATHELAS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR WARRANTIES THAT OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THE PRODUCTS ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, DATA, PRODUCTS, PROCESSES, AND OTHER MATTERS REFERENCED BY THE SERVICES WILL ALWAYS BE ACCESSIBLEREMAINS WITH THE CUSTOMER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, FREE OF HARMFUL COMPONENTSATHELAS DOES NOT GUARANTEE CONTINUOUS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS , VIRUS-FREE, OR SECURE OPERATION AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED ACCESS TO THE FULLEST EXTENT PERMITTED)SOFTWARE.

Disclaimer. a. Except as and to the limited extent expressly set forth in this Agreement, (i) each of Seller, Purchaser and Company makes no representations or warranties, express or implied, and (ii) each of Seller, Purchaser and Company expressly disclaims all liability and responsibility for any representation, warranty, statement or information made or communicated (orally or in writing) to the other Parties. b. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH REPRESENTED OTHERWISE IN THIS AGREEMENT, THE PRODUCTS SELLER MAKES NO AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS REPRESENTATION OR WARRANTIES OF ANY KINDWARRANTY, EXPRESS OR IMPLIED, WITH RESPECT AS TO (I) TITLE TO THE PERFORMANCE MEMBERSHIP INTERESTS, OR (II) ANY ESTIMATES OF THE PRODUCTS VALUE OF THE MEMBERSHIP INTERESTS OR SERVICESFUTURE REVENUES GENERATED BY THE MEMBERSHIP INTERESTS, INCLUDINGIT BEING EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT PURCHASER SHALL BE DEEMED TO BE OBTAINING THE MEMBERSHIP INTERESTS IN THEIR PRESENT CONDITION, BUT “AS IS” AND “WHERE IS” WITH ALL FAULTS AND DEFECTS. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING DISCLAIMER SHALL NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT PRECLUDE PURCHASER FROM HAVING THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE RIGHT TO XXX FOR ANY LOSS ARISING OUT BREACH BY SELLER OF FAILURE OF SUCH THIRD PARTY PRODUCTS ITS REPRESENTATIONS, WARRANTIES OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)COVENANTS CONTAINED HEREIN.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.1 AND 6.2 ABOVE, TASKTOP MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMENTATION OR ANY MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. TASKTOP DOES NOT WARRANT THAT THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE PRODUCTS AND SERVICES ARE DOCUMENTATION OR ANY MATERIALS FURNISHED OR PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR WARRANTIES OF ANY KIND, EXPRESS THAT THEY WILL BE FREE FROM DEFECTS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THAT THE PRODUCTS OR SERVICESARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. TASKTOP HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMENTATION OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADEMATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED EXCEPT TO THE FULLEST EXTENT PERMITTED)THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTSRI MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING SCRIPPS PROPERTY OR ANY OTHER MATTER WHATSOEVER, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVERRIGHTS, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS TITLE, ACCURACY OR ARISING OUT OF FAILURE COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND DISCLAIMS ALL SUCH EXPRESS, IMPLIED OR STATUTORY WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY, SCOPE OR ENFORCEABILITY OF ANY OF SCRIPPS PROPERTY, OR THAT ANY LICENSED PRODUCT OR SCRIPPS PROPERTY WILL NOT INFRINGE ANY THIRD PARTY PRODUCTS RIGHTS, OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER THAT NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWAREIS IN ANY WAY INFRINGING UPON OR MAY INFRINGE UPON ANY SCRIPPS PROPERTY COVERED BY THIS AGREEMENT. THIS SECTION WILL NOT APPLY TO DAMAGES FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION OR WARRANTY THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SCRIPPS PROPERTY ARE SUITABLE FOR LICENSEE’S PURPOSES.

Disclaimer. PENN REPRESENTS AND WARRANTS TO VGX THAT IT HAS THE FULL AUTHORITY TO EXECUTE AND DELIVER THIS LICENSE AGREEMENT; THAT TO THE KNOWLEDGE OF THE CURRENT STAFF OF THE UNIVERSITY OF PENNSYLVANIA CENTER FOR TECHNOLOGY TRANSFER (CTT) AND OFFICE OF THE GENERAL COUNSEL (COLLECTIVELY “CTT/GC”), CTT/GC HAVE RECEIVED NO MATERIAL CLAIM IN WRITING FROM ANY THIRD PARTY CONTESTING THE VALIDITY, ENFORCEABILITY, LICENSABILITY, USE OR OWNERHIP OF ANY SUCH PENN PATENT RIGHTS AND CTT/GC HAVE RECEIVED NO NOTICE IN WRITING OF ANY LOSS OR EXPIRATION OF ANY PART OF PENN PATENT RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTHE PREVIOUS SENTENCE, THE PENN PATENT RIGHTS, LICENSED PRODUCTS AND SERVICES ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT ARE PROVIDED "ON AN “AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY BASIS. PENN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTY OF ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMMERCIAL UTILITY, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)TITLE.

Disclaimer. PURCHASER HEREBY ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH EXPLICITLY PROVIDED IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KINDWHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER RELATED TO THE PERFORMANCE PURCHASED ASSETS. WITHOUT LIMITING THE FOREGOING, SELLER HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AS TO ANY PORTION OF THE PRODUCTS PURCHASED ASSETS. PURCHASER FURTHER ACKNOWLEDGES THAT PURCHASER HAS CONDUCTED AN INDEPENDENT INSPECTION AND INVESTIGATION OF THE PHYSICAL CONDITION OF THE PURCHASED ASSETS AND ALL SUCH OTHER MATTERS RELATED TO OR SERVICESAFFECTING THE PURCHASED ASSETS AS PURCHASER DEEMED NECESSARY OR APPROPRIATE AND THAT IN PROCEEDING WITH ITS ACQUISITION OF THE PURCHASED ASSETS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE EXCEPT FOR ANY LOSS ARISING OUT OF FAILURE OF REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, PURCHASER IS DOING SO BASED SOLELY UPON SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)INDEPENDENT INSPECTIONS AND INVESTIGATIONS.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS DPT AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT COMPANY MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDNO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCT, LABELING OR PACKAGING. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE PERFORMANCE IMPLIED WARRANTIES OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE ARE HEREBY DISCLAIMED. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES DPT AND COMPANY AGREE THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTALOR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS AGREEMENT. WITH RESPECT TO ANY CLAIMS, DEMANDS, SUITS OR DAMAGES IN CONNECTION WITH REJECTED PRODUCT (SECTION 2.7(c)) AND/OR RECALLED PRODUCT(SECTION VII), ARISING FROM OR RELATING TO DPT’S WILLFUL MALFEASANCE, BREACH OF ITS WARRANTIES PROVIDED FOR HEREIN OR ANY OTHER MATERIAL BREACH OF THIS AGREEMENT, DPT’S LIABILITY TO COMPANY FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLYCONSEQUENTIAL DAMAGES, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)ITS EXISTING INSURANCE COVERAGE, AND ANY ADDITIONAL INSURANCE COVERAGE WHICH COMPANY IS WILLING TO PURCHASE ON BEHALF OF DPT.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENTARTICLE X, THE PRODUCTS AND SERVICES ARE PROVIDED "ON AN “AS IS” BASIS AND OCLC THE RECEIPT AND USE OF THE SERVICES BY CLIENT AND ITS THIRD PARTY SUPPLIERS DO AFFILIATES IS AT THEIR OWN RISK AND CTS DISCLAIMS ANY ASSURANCE OR WARRANTY REGARDING THE PAST OR CONTINUED SUPPLY, ACCURACY, CALCULATION OR PUBLICATION OF THE SERVICES AND ANY CTS IP, AND CTS DOES NOT MAKE GUARANTEE ANY REPRESENTATIONS SPECIFIC RESULTS FROM CLIENT’S USE OF THE SERVICES OR WARRANTIES OF ANY KINDCTS IP. CTS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE IMPLIED (BY OPERATION OF THE PRODUCTS LAW OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OTHERWISE) INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR AND TITLE AND ANY IMPLIED WARRANTY WARRANTIES ARISING BY USAGE OF TRADE, FROM ANY COURSE OF DEALING DEALING, USAGE, OR COURSE TRADE PRACTICE, LOSS OF PERFORMANCEOR DAMAGE TO DATA, LOSS OF BUSINESS OR LOST PROFITS. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT NOTWITHSTANDING ANYTHING TO THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLECONTRARY, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC CTS SHALL NOT BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES HOSTING OR OTHER EVENTS OUTSIDE SERVICE PROVIDER INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH THE PERFORMANCE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT MANAGEMENT OR OTHER SERVICES BY CTS UNLESS CTS IS GROSSLY NEGLIGENT OR COMMITS AN ACT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)WILFUL MISCONDUCT.

Disclaimer. EXCEPT IF ANY PARTY DEFAULTS IN ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT AND SUBJECT TO THE LIABILITY CAP IN SECTION 9.K OF APPENDIX A OF THE DIR CONTRACT, AS EXPRESSLY SET FORTH IN THIS AGREEMENTMODIFIED BY THE PARTIES, THE PRODUCTS NON BREACHING PARTY WILL BE ENTITLED TO RECOVER FROM THE BREACHING PARTY ONLY THE ACTUAL AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND DIRECT DAMAGES THAT THE NON BREACHING PARTY MAY INCUR ON ACCOUNT OF SUCH BREACH. NEITHER PARTY NOR ANY OF ITS THIRD RESPECTIVE AFFILIATES OR LICENSORS WILL BE LIABLE TO THE OTHER PARTY SUPPLIERS DO NOT MAKE FOR ANY REPRESENTATIONS INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR WARRANTIES EXEMPLARY DAMAGES EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ASSOCIATED WITH: LOSS OF PROFITS OR GOOD WILL; UNAVAILABILITY OR NONPERFORMANCE OF ANY KINDOR ALL OF THE SERVICES; INVESTMENTS, EXPRESS EXPENDITURES OR IMPLIED, WITH RESPECT COMMITMENTS RELATED TO USE OR ACCESS TO THE PERFORMANCE SERVICE OFFERINGS; COST OF THE PRODUCTS PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED ; UNAUTHORIZED ACCESS TO, COMPROMISE, ALTERATION OR LOSS OF CUSTOMER CONTENT; OR COST OF REPLACEMENT OR RESTORATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT LOST OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)ALTERTED CUSTOMER CONTENT.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS SOFTWARE AND SERVICES DOCUMENTATION ARE PROVIDED "FURNISHED “AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO . THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPANY HEREBY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT INFRINGEMENT, OR TITLE. THE COMPANY DOES NOT WARRANT THAT ANY IMPLIED WARRANTY ARISING BY USAGE SOFTWARE WILL MEET YOUR NEEDS OR EXPECTATIONS, THAT USE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES ANY SOFTWARE WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT GUARANTEE ANY RESULT OF USE OF ANY SOFTWARE, AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR RELIANCE ON USE OF ANY LOSS SOFTWARE OR APPLICATION OF ANY DATA ARISING OUT FROM USE OF ANY SOFTWARE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE OR ANY APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE OR ENVIRONMENTAL DAMAGE (COLLECTIVELY, “HIGH RISK ACTIVITIES”). COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED GUARANTEE OF FITNESS FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)HIGH RISK ACTIVITIES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (a) ANGIOTECH DOES NOT WARRANT THE PRODUCTS VALIDITY OF THE LICENSED PATENTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC MAKES NO REPRESENTATIONS WHATSOEVER WITH REGARD TO THE SCOPE OF THE LICENSED TECHNOLOGY OR THAT THE LICENSED TECHNOLOGY MAY BE EXPLOITED BY HISTOGENICS AND ITS THIRD AFFILIATES AND PERMITTED SUBLICENSEES WITHOUT INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. ANGIOTECH EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES AND MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE LICENSED TECHNOLOGY. IN NO EVENT SHALL A PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS BE LIABLE TO THE OTHER FOR INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR WARRANTIES EXEMPLARY DAMAGES OF ANY KIND, EXPRESS INCLUDING LOSS OF PROFITS AND LOSS OR IMPLIEDINTERRUPTION OF BUSINESS, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES PROVIDED HOWEVER THAT THE PRODUCTS AND SERVICES WILL ALWAYS FOREGOING PROVISION SHALL NOT BE ACCESSIBLE, FREE CONSTRUED TO LIMIT A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7.3 OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIS AGREEMENT FOR THIRD PARTY PRODUCTS CLAIMS WHICH MAY INCLUDE INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OTHER TYPES OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)DAMAGES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTPROVIDER, ITS AFFILIATES AND SUPPLIERS (COLLECTIVELY, “PROVIDER PARTIES”) MAKE NO WARRANTIES WHATSOEVER AND PROVIDE THE PRODUCTS SOFTWARE, LICENSED DATA, PROVIDER SITE, DOCUMENTATION, AND SERVICES ARE PROVIDED "ON AN “AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT “AS AVAILABLE” BASIS. TO THE PERFORMANCE OF MAXIMUM EXTENT PERMISSIBLE BY LAW, THE PRODUCTS PROVIDER PARTIES HEREBY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR SERVICESSTATUTORY, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY OF THIRD PARTY RIGHTS, COURSE OF DEALING, COURSE OF PERFORMANCE, AVAILABILITY, USAGE OF TRADE, COURSE ACCURACY OF DEALING OR COURSE INFORMATIONAL CONTENT AND SYSTEM INTEGRATION. PROVIDER DOES NOT WARRANT THE OPERATION OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS TO BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES WILL OPERATE IN COMBINATION WITH OTHER SOFTWARE OR HARDWARE PRODUCTS OR THAT ALL DEFICIENCIES OR ERRORS ARE CAPABLE OF BEING CORRECTED. INSTITUTION MAY INTEGRATE OCLCFURTHERMORE, PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICES OR THE RESULTS OBTAINED THEREFROM OR THAT THE SERVICES WILL SATISFY SUBSCRIBER’S PRODUCTS REQUIREMENTS. SUBSCRIBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES WITH THIRD PARTY PRODUCTS IS AT SUBSCRIBER’S RISK. PROVIDER DOES NOT WARRANT AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE IS NOT RESPONSIBLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SERVICES.

Disclaimer. EACH PARTY AGREES AND ACKNOWLEDGES THAT EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS OR WARRANTIES EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIEDIMPLIED (AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT), INCLUDING WITH RESPECT TO THE PERFORMANCE ANY PATENTS OR KNOW-HOW, INCLUDING WARRANTIES OF THE PRODUCTS VALIDITY OR SERVICESENFORCEABILITY OF ANY PATENTS, INCLUDINGTITLE, BUT NOT LIMITED TOQUALITY, ANY IMPLIED WARRANTY OF COMPLETENESS, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT PERFORMANCE, AND NONINFRINGEMENT OF ANY THIRD PARTY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE FOREGOING, EACH PARTY AGREES AND ACKNOWLEDGES THAT NEITHER PARTY MAKES ANY IMPLIED REPRESENTATION, WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES GUARANTEE THAT THE PRODUCTS AND SERVICES DEVELOPMENT, MANUFACTURE OR COMMERCIALIZATION OF LICENSED COMPOUND, LICENSED PRODUCT OR LICENSED DIAGNOSTIC PRODUCT WILL ALWAYS BE ACCESSIBLESUCCESSFUL, FREE OF HARMFUL COMPONENTSOR THAT ANY OTHER PARTICULAR RESULTS WILL BE ACHIEVED WITH RESPECT TO ANY LICENSED COMPOUND, ACCURATE LICENSED PRODUCT OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)LICENSED DIAGNOSTIC PRODUCT HEREUNDER.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 10.1, THE NEITHER PARTY MAKES ANY WARRANTIES CONCERNING LICENSED TECHNOLOGY, PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE OR ANY REPRESENTATIONS OR WARRANTIES OF OTHER MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS RIGHTS OR ARISING OUT OF FAILURE COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND DISCLAIMS ALL SUCH THIRD EXPRESS OR IMPLIED WARRANTIES. NEITHER PARTY PRODUCTS MAKES ANY WARRANTY OR SERVICES REPRESENTATION AS TO THE VALIDITY OR SCOPE OF LICENSED PATENT RIGHTS, OR THAT ANY PRODUCT WILL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER EVENTS OUTSIDE INTELLECTUAL PROPERTY RIGHTS OF OCLCTHIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY LICENSED PATENT RIGHTS OR OTHER LICENSED TECHNOLOGY COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE LICENSED TECHNOLOGY IS SUITABLE FOR LICENSEE’S REASONABLE CONTROLPURPOSES. ADDITIONALLY, UNDER LICENSEE MAKES NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT REPRESENTATION OR WARRANTY REGARDING THE SUCCESS OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY EFFORTS TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)DEVELOP AND COMMERCIALIZE PRODUCTS.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTHEREIN, THE PRODUCTS AND SERVICES INTELLECTUAL PROPERTY RIGHTS PROVIDED BY AURINIA ARE PROVIDED "“AS IS” AND OCLC WITHOUT WARRANTY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH OF THE PARTIES EXPRESSLY DISCLAIMS ANY AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO INCLUDING THE PERFORMANCE WARRANTIES OF THE PRODUCTS OR SERVICESDESIGN, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT VALIDITY, OR ANY IMPLIED WARRANTY ENFORCEABILITY OF THEIR RESPECTIVE INTELLECTUAL PROPERTY RIGHTS, AND NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, ARISING BY USAGE OF TRADE, FROM A COURSE OF DEALING DEALING, USAGE, OR COURSE OF PERFORMANCETRADE PRACTICES, IN ALL CASES WITH RESPECT THERETO. OCLC MAKES NO REPRESENTATIONS EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTIES WARRANTY THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLEDEVELOPMENT, FREE MANUFACTURE OR COMMERCIALIZATION OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. PRODUCT PURSUANT TO THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY AGREEMENT SHALL BE LIMITED SUCCESSFUL OR THAT ANY PARTICULAR SALES LEVEL WITH RESPECT TO THE FULLEST EXTENT PERMITTED)ANY LICENSED PRODUCT SHALL BE ACHIEVED.

Disclaimer. EXCEPT CUSTOMER UNDERSTANDS AND AGREES THAT ISO’S SOLE LIABILITY WITH RESPECT TO SERVICES PROVIDED HEREUNDER SHALL BE AS EXPRESSLY SET FORTH HEREIN. IN THIS AGREEMENTTHE EVENT THAT ISO FAILS TO PERFORM SERVICES PROPERLY, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND ISO’S SOLE OBLIGATION SHALL BE FOR ISO TO REPERFORM THE PRODUCTS SERVICES AT ITS OWN EXPENSE. ISO DISCLAIMS ANY AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDALL WARRANTIES, EXPRESS OR IMPLIED, WITH WRITTEN OR ORAL IN RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SERVICES ARE NOT WARRANTED TO BE FREE FROM ERROR OR INTERRUPTION. ISO SHALL HAVE NO LIABILITY, NON-INFRINGEMENT WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY IMPLIED WARRANTY OTHERWISE, TO CUSTOMER ARISING BY USAGE OUT OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS RELATED TO THIS AGREEMENT OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLCISO’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC ISO BE LIABLE TO CUSTOMER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER ISO WAS INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER ANY LOSS ARISING OUT LIMITED REMEDY HEREIN FAILS OF FAILURE ITS ESSENTIAL PURPOSE. CUSTOMER’S REMEDIES HEREIN ARE EXCLUSIVE AND IN LIEU OF SUCH THIRD PARTY PRODUCTS ALL OTHER REMEDIES IN LAW OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)EQUITY.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE WARRANTIES SET FORTH IN THIS AGREEMENTSECTION 6.1 AND 6.2, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC CLOUDERA AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS OR WARRANTIES OF ANY KIND, (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE PERFORMANCE OF CLOUDERA PRODUCTS, THE PRODUCTS THIRD PARTY SOFTWARE, AND/OR THE SUPPORT SERVICES, INCLUDINGWHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY BY REASON OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT CUSTOM OR ANY IMPLIED WARRANTY ARISING BY USAGE OF IN THE TRADE, BY COURSE OF DEALING OR COURSE OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF PERFORMANCEMERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT CLOUDERA KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. OCLC MAKES CLOUDERA AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT WITH RESPECT TO THE CLOUDERA PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THE THIRD PARTY PRODUCTS AND SERVICES. HOWEVERSOFTWARE BEING FREE FROM BUGS, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS ERRORS, OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWAREOMISSIONS. THIS SECTION DISCLAIMER AND EXCLUSION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT EVEN IF THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THE SOFTWARE AND ANY ANYLOGIC MATERIALS FURNISHED BY ANYLOGIC UNDER THIS AGREEMENT, THE PRODUCTS AND SERVICES AGREEMENT ARE PROVIDED "ON AN “AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS EXPRESS, IMPLIED OR STATUTORY; INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ANY KINDQUALITY, EXPRESS PERFORMANCE, MERCHANTABILITY OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. ANYLOGIC DOES NOT WARRANT THAT THE SOFTWARE AND ANY ANYLOGIC MATERIALS WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS, NON-INFRINGEMENT OR THAT THE OPERATION OF THE SOFTWARE AND ANY ANYLOGIC MATERIALS WILL BE ERROR FREE. ANY WARRANTIES IMPLIED WARRANTY ARISING BY USAGE OF TRADELAW, BY THE COURSE OF DEALING BETWEEN THE PARTIES, OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLEOTHERWISE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE ARE HEREBY EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PERMITTED BY LAW. ANYLOGIC DOES NOT WARRANT THAT THE USE OF THE SOFTWARE ALLOWED HEREUNDER SHALL RESULT IN ANY PARTICULAR LEVEL OR TYPE OF FINANCIAL RESULTS FOR LICENSEE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE CONSIDERATION CHARGED FOR THE LICENSES AND OPPORTUNITIES PROVIDED HEREUNDER.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS MAXIMUM EXTENT PERMISSIBLE BY LAW, PROVIDER, ITS SUBSIDIARIES, AFFILIATES, OR SERVICESSUPPLIERS (HEREINAFTER “PROVIDER PARTIES”), INCLUDINGHEREBY DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, COURSE ACCURACY OF DEALING INFORMATIONAL CONTENT, OR COURSE OF PERFORMANCESYSTEM INTEGRATION. OCLC MAKES EACH PARTY FURTHER ACKNOWLEDGES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO REPRESENTATIONS OR WARRANTIES WARRANTY THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR SOFTWARE IS ERROR-FREE, WILL OPERATE IN AN UNINTERRUPTED MANNER OR IN COMBINATION WITH OTHER SOFTWARE PRODUCTS. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVERCOUNTY HEREBY AGREES THAT, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST MAXIMUM EXTENT PERMITTED)PERMITTED BY LAW, ANY PRE-CONFIGURED SOFTWARE IS PROVIDED TO COUNTY “AS IS” EXCEPT AS EXPRESSLY WARRANTED OTHERWISE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENTARTICLE X, THE PRODUCTS AND SERVICES ARE PROVIDED "ON AN “AS IS” BASIS AND OCLC THE RECEIPT AND USE OF THE SERVICES BY CLIENT AND ITS THIRD PARTY SUPPLIERS DO AFFILIATES IS AT THEIR OWN RISK AND CTS DISCLAIMS ANY ASSURANCE OR WARRANTY REGARDING THE PAST OR CONTINUED SUPPLY, ACCURACY, CALCULATION OR PUBLICATION OF THE SERVICES AND ANY CTS IP, AND CTS DOES NOT MAKE GUARANTEE ANY REPRESENTATIONS SPECIFIC RESULTS FROM CLIENT’S USE OF THE SERVICES OR WARRANTIES OF ANY KINDCTS IP. CTS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE IMPLIED (BY OPERATION OF THE PRODUCTS LAW OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OTHERWISE) INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR AND TITLE AND ANY IMPLIED WARRANTY WARRANTIES ARISING BY USAGE OF TRADE, FROM ANY COURSE OF DEALING DEALING, USAGE, OR COURSE TRADE PRACTICE, LOSS OF PERFORMANCEOR DAMAGE TO DATA, LOSS OF BUSINESS OR LOST PROFITS. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT NOTWITHSTANDING ANYTHING TO THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLECONTRARY, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC CTS SHALL NOT BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES HOSTING OR OTHER EVENTS OUTSIDE SERVICE PROVIDER INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH THE PERFORMANCE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT MANAGEMENT OR OTHER SERVICES BY CTS UNLESS CTS IS GROSSLY NEGLIGENT OR COMMITS AN ACT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)WILLFUL MISCONDUCT.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH THIS SECTION 5 STATES THE FULL EXTENT OF WARRANTIES PROVIDED BY CONSULTANT IN THIS AGREEMENTCONNECTION WITH THE SERVICES AND DELIVERABLES AND CONSULTANT MAKES NO OTHER REPRESENTATION OR WARRANTY. THESE WARRANTIES ARE IN LIEU OF ANY OTHER EXPRESS, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS ALL IMPLIED OR STATUTORY, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIEDINCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NONINFRINGEMENT, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONSULTANT DOES NOT DIRECTLY OR INDIRECTLY WARRANT THE FINANCIAL SOUNDNESS, NON-INFRINGEMENT SERVICES OR PRODUCTS OF ANY IMPLIED WARRANTY ARISING THIRD PARTY VENDORS OR SERVICE PROVIDERS, EXCEPT THAT CONSULTANT IS RESPONSIBLE FOR THE SERVICES AND DELIVERABLES PROVIDED BY USAGE ANY OF TRADEITS SUBCONTRACTORS HEREUNDER TO THE EXTENT OF THE WARRANTIES SET FORTH IN THIS SECTION 5. CLIENT’S ABILITY TO ACHIEVE THE BENEFITS WITH RESPECT TO THE MATTERS TO WHICH CONSULTANT’S SERVICES RELATE WILL BE BASED UPON NUMEROUS FACTORS AND ASSUMPTIONS THAT ARE NOT WITHIN CONSULTANT’S CONTROL, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES AND THUS CONSULTANT DOES NOT GUARANTEE THAT THE PRODUCTS AND SERVICES INTENDED BENEFITS WILL ALWAYS ACTUALLY BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)ACHIEVED.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXCLUSIVE WARRANTIES SET FORTH IN THIS AGREEMENTSECTIONS 6.1 AND 6.2, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC CLOUDERA AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS OR WARRANTIES OF ANY KIND, (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE PERFORMANCE OF CLOUDERA PRODUCTS, THE PRODUCTS THIRD PARTY SOFTWARE, AND/OR THE SUPPORT SERVICES, INCLUDINGWHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY BY REASON OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT CUSTOM OR ANY IMPLIED WARRANTY ARISING BY USAGE OF IN THE TRADE, BY COURSE OF DEALING OR COURSE OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF PERFORMANCE. OCLC MAKES MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT CLOUDERA KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.CLOUDERA AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT WITH RESPECT TO THE CLOUDERA PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THE THIRD PARTY PRODUCTS AND SERVICES. HOWEVERSOFTWARE BEING FREE FROM BUGS, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS ERRORS, OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWAREOMISSIONS. THIS SECTION DISCLAIMER AND EXCLUSION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT EVEN IF THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS ABOVE WARRANTIES ARE CA’S ONLY WARRANTIES AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS REPLACE ALL OTHER WARRANTIES OR WARRANTIES OF ANY KINDCONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE EXTENT PERMITTED BY LAW. CA DOES NOT WARRANT THAT CA’S SOFTWARE CONSULTING SERVICES OR MAINTENANCE WILL MEET SERVICE PROVIDERS’ REQUIREMENTS OR THAT USE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES SOFTWARE WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE UNINTERRUPTED OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD 8 Limitation of Liability EXCEPT FOR BREACHES OF SECTION 2 BY SERVICE PROVIDER OR SECTION 4 BY EITHER PARTY PRODUCTS AND SERVICES. HOWEVER, (I) IN NO EVENT WILL OCLC SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT, OR OTHERWISE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXAMPLARY, SPECIAL, CONSEQUENTIAL OR UNFORESEEABLE LOSS, DAMAGE OR EXPENSE, LOSS ARISING OUT OF FAILURE PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OR CORRUPTION OF DATA, HOWEVER ARISING, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH THIRD PARTY PRODUCTS LOSS OR SERVICES DAMAGES BEING INCURRED, AND (II) EACH PARTY’S LIABILITY TO THE OTHER UNDER THE AGREEMENT, FOR DIRECT DAMAGES, LOSS, REFUNDS, OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE LIABILITY FOR ANY LOSS ARISING OUT CAUSE WHATSOEVER AND REGARDLESS OF A DATA THE FORM OF ACTION WHETHER CONTRACTUAL OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY NON- CONTRACTUAL, SHALL BE LIMITED TO A MAXIMUM OF THE FULLEST EXTENT PERMITTED)FEES PAID AND OWED DURING THE THEN CURRENT MAINTENANCE TERM FOR USE OF THE SOFTWARE OR CONSULTING SERVICES THAT ARE THE SUBJECT OF THE CLAIM.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC VENDOR AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE EXPRESSLY DISCLAIM ALL WARRANTIES (INCLUDING IMPLIED AND STATUTORY WARRANTIES) OTHER THAN THOSE EXPRESSLY PROVIDED IN SECTION 7.1 ABOVE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT INFRINGEMENT. FURTHER, VENDOR AND ITS SUPPLIERS DO NOT WARRANT THAT ANY SERVICE SHALL MEET CUSTOMER’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-ARE ERROR FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS VENDOR DOES NOT PROVIDE, AND SERVICES WITH THIRD PARTY PRODUCTS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE ALL OBLIGATIONS OR LIABILITIES FOR ANY LOSS DAMAGES ARISING OUT OF FAILURE OR IN CONNECTION WITH THE USE, MAINTENANCE OR PERFORMANCE THEREOF. ANY ESTIMATE REGARDING SCOPE, TIME OF SUCH THIRD PARTY PRODUCTS OR SERVICES COMPLETION, COSTS, OR OTHER EVENTS OUTSIDE MATTERS WHICH MAY BE PROVIDED BY VENDOR ORALLY OR IN WRITING (WHETHER IN A STATEMENT OF OCLC’S WORK OR OTHERWISE) ARE GIVEN USING COMMERCIALLY REASONABLE CONTROL. ADDITIONALLYMETHODS OF ESTIMATION AND ARE IN GOOD FAITH, UNDER NO CIRCUMSTANCES BUT SHALL OCLC NOT BE LIABLE FOR CONSTRUED AS A WARRANTY OR GUARANTEE OF ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)TYPE.

Disclaimer. EXCEPT BECAUSE OF THE POSSIBILITY OF HUMAN, TECHNICAL AND MECHANICAL ERROR, AS EXPRESSLY SET FORTH WELL AS OTHER FACTS, Datalink IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OF OR FROM THE INFORMATION CONTAINED IN THIS AGREEMENT, ACCESSED THROUGH EXTENDED CARE PROFESSIONAL. THE PRODUCTS MATERIALS AND SERVICES INFORMATION AVAILABLE IN AND THROUGH EXTENDED CARE PROFESSIONAL ARE PROVIDED "“AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WITHOUT WARRANTIES OF ANY KINDKIND WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Datalink DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC Datalink, ITS OFFICERS, EMPLOYEES, AGENTS, MEMBERS, REPRESENTATIVES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOSS ARISING OUT OF A LOST PROFITS, LOST DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR FOR ANY INDIRECT, SPECIAL, E.INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)REASONABLE ALLOCATION OF RISK.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENTSECTION 8, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS XXXXX MAKES NO ADDITIONAL REPRESENTATION OR WARRANTIES WARRANTY OF ANY KINDKIND WHETHER EXPRESS, EXPRESS IMPLIED (EITHER IN FACT OR IMPLIEDBY OPERATION OF LAW), WITH RESPECT OR STATUTORY, AS TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MATTER WHATSOEVER. XXXXX EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT INFRINGEMENT. XXXXX DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SOFTWARE OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEAGAINST INFRINGEMENT. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES XXXXX DOES NOT WARRANT THAT THE PRODUCTS AND SOFTWARE OR SUPPORT SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ARE ERROR-FREEFREE OR THAT OPERATION OF THE SOFTWARE WILL BE SECURE OR UNINTERRUPTED. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS XXXXX EXERCISES NO CONTROL OVER AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR EXPRESSLY DISCLAIMS ANY LOSS LIABILITY ARISING OUT OF FAILURE OR BASED UPON THE CUSTOMER’S USE OF SUCH THIRD PARTY PRODUCTS THE SOFTWARE OR SERVICES OR OTHER EVENTS OUTSIDE ANY DECISIONS CUSTOMER MAKES AS A RESULT OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY USING THE SOFTWARE. THIS SECTION CUSTOMER WILL NOT APPLY HAVE THE RIGHT TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF XXXXX TO THE FULLEST EXTENT PERMITTED)ANY THIRD PARTY.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE REPRESENTATIONS AND WARRANTIES PROVIDED HEREIN, THE PARTIES DISCLAIM AND ANY AND ALL WARRANTIES WHICH MIGHT HAVE ARISEN OR MIGHT LATER ARISE FROM COURSE OF PERFORMANCE OR DEALING OR USAGE OF THE TRADE AND RELEASES THE OTHER PARTY FROM ALL LIABILITY FOR LOSS OR DAMAGE SUSTAINED RELATING THERETO. EXCEPT IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) OR INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS, OR IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, A PARTY’S TOTAL LIABILITY TO THE OTHER PARTY UNDER THIS AGREEMENT, THE PRODUCTS FROM ALL CAUSES OF ACTION AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES UNDER ALL THEORIES OF ANY KINDLIABILITY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PAYMENTS ACTUALLY RECEIVED FROM COMPANY (OR, IN THE CASE OF THE COMPANY, PAYMENTS DUE TO THE COMPANY BY CONTRACTOR THROUGH THIS AGREEMENT BUT NOT PAID) UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE A CLAIM FOR LIABILITY ARISING HEREUNDER.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTALL LEA SERVICES, THE PRODUCTS SOFTWARE AND SERVICES OTHER OKTA MATERIALS PROVIDED BY OKTA ARE PROVIDED "AS TO CUSTOMER “AS-IS” AND OCLC OKTA MAKES NO, AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES, AND CONDITIONS, ORAL OR WARRANTIES OF ANY KINDWRITTEN, EXPRESS OR IMPLIED, IN CONNECTION WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICESTHIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING BY FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, COURSE OF DEALING . XXXX DOES NOT REPRESENT OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES WARRANT THAT THE PRODUCTS AND LEA SERVICES WILL ALWAYS BE ACCESSIBLE, DELIVERED FREE OF HARMFUL COMPONENTSANY INTERRUPTIONS, ACCURATE DELAYS, OMISSIONS OR ERROR-FREEERRORS OR IN A SECURE MANNER. INSTITUTION THE LEA SERVICES MAY INTEGRATE OCLC’S PRODUCTS BE SUBJECT TO LIMITATIONS, DELAY AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. OKTA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY LOSS OF DATA OR DAMAGES RESULTING THEREFROM. THE LEA SERVICES WITH MAY CONTAIN INDEPENDENT THIRD PARTY PRODUCTS AND RELY ON THEM TO PERFORM CERTAIN FUNCTIONALITY IN CONNECTION WITH THE LEA SERVICES. HOWEVER, IN XXXX MAKES NO EVENT WILL OCLC BE LIABLE FOR WARRANTY AS TO THE OPERATION OF ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE THE ACCURACY OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWAREINFORMATION. THIS SECTION NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OKTA OR ITS AUTHORIZED REPRESENTATIVES WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)CREATE ANY WARRANTY.

Disclaimer. EXCEPT AS FOR THOSE WARRANTIES EXPRESSLY SET FORTH STATED IN THIS AGREEMENTSECTION 3, THE PRODUCTS SERVICES PROVIDED HEREUNDER AND SERVICES ANY ACCOMPANYING DELIVERABLES ARE PROVIDED "AS “AS-IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS WITHOUT REPRESENTATION OR WARRANTIES WARRANTY OF ANY KINDKIND AND, EXPRESS OR TO THE MAXIMUM EXTENT ALLOWED BY LAW, EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS, IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICESSTATUTORY, INCLUDINGINCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT PURPOSE OR ANY IMPLIED WARRANTY WARRANTIES ARISING BY FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUBCONTRACTOR SPECIFICALLY DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES SERVICES, INCLUDING WITHOUT LIMITATION ANY DELIVERABLES, WILL ALWAYS MEET THE REQUIREMENTS OF CLIENTS OR OTHERS, OR THAT THEY WILL BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR OPERATE WITHOUT INTERRUPTION OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S SUBCONTRACTOR WILL NOT BE RESPONSIBLE FOR THE PERFORMANCE OF SERVICES OR PRODUCTS AND SERVICES WITH PROVIDED TO CLIENTS BY A THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS THAT SUBCONTRACTOR IDENTIFIED OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL REFERRED TO CLIENT THAT SUBCONTRACTOR DID NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT INCORPORATE INTO THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)DELIVERABLES.

Disclaimer. EXCEPT AS EXPRESSLY FOR EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, INRIVER MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED IN FACT OR BY OPERATION OF LAW, OR STATUTORY, AS TO ANY MATTER WHATSOEVER. INRIVER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INRIVER DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES (INCLUDING ANY SUPPORT SERVICES) WILL BE COMPLETELY ACCURATE OR ERROR FREE OR WILL MEET SUBSCRIBER’S REQUIREMENTS. SUBSCRIBER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATIONS OR WARRANTY ON BEHALF OF XXXXXXXX TO ANY THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND, SUPPORT SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD ." INRIVER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER LOSS OR DAMAGE RESULTING FROM (A) TRANSFER OF DATA OVER COMMUNICATION NETWORKS SUCH AS THE INTERNET AND/OR (B) INABILITY TO ACCESS OR GET ACCURATE DATA FROM THIRD-PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS SYSTEMS AND/OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES APPLICATIONS THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SERVICE IS DEPENDENT ON.

Disclaimer. THE SERVICE IS PROVIDED ON AN "AS-IS" BASIS. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTAGREEMENT AND TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE RULES, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES TYPEA MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS STATUTORY OR SERVICESOTHERWISE, INCLUDINGINCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY THOSE ARISING BY USAGE OF TRADE, IN THE COURSE OF DEALING OR COURSE OF PERFORMANCECONNECTED TO THE PERFORMANCE HEREUNDER, AND DISCLAIM ANY SUCH WARRANTIES. OCLC MAKES NO REPRESENTATIONS IN ADDITION, TYPEA DOES NOT REPRESENT OR WARRANTIES WARRANT THAT: (I) THE SERVICES OR ANY PART THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR THAT THE PRODUCTS AND SERVICES ANY ERRORS WILL ALWAYS BE ACCESSIBLE, CORRECTED; OR (II) FREE OF VIRUSES, WORMS, OR ANY OTHER HARMFUL COMPONENTS, ACCURATE COMPONENTS OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLCPROGRAM LIMITATIONS OR NON- INFRINGEMENT (III) PUBLISHER WILL PROFIT OR DERIVE ANY ECONOMIC BENEFIT FROM PUBLISHER’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND USE OF THE SERVICES. HOWEVERSOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT SO SOME OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL THE ABOVE EXCLUSIONS MAY NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)APPLY.

Disclaimer. 1. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PLATFORM IS PROVIDED ON AN “AS-IS” BASIS AND RUTGERS DISCLAIMS ANY AND ALL WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS ADDITIONAL REPRESENTATION OR WARRANTIES WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. ALL OTHER EXPRESS OR IMPLIEDIMPLIED CONDITIONS, WITH RESPECT REPRESENTATIONS AND WARRANTIES ARE HEREBY EXCLUDED TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY EXTENT ALLOWED BY APPLICABLE LAW. EACH PARTY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT INFRINGEMENT. NEITHER PARTY WARRANTS AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE PRODUCTS OR ANY IMPLIED WARRANTY ARISING SERVICES PROVIDED BY USAGE OF TRADE, COURSE OF DEALING SUCH PARTY OR COURSE OF PERFORMANCEAGAINST INFRINGEMENT. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES NEITHER PARTY WARRANTS THAT THE PRODUCTS AND OR SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR PROVIDED BY SUCH PARTY ARE ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE FREE OR THAT OPERATION OF SUCH THIRD PARTY PARTY’S PRODUCTS OR SERVICES WILL BE SECURE OR UNINTERRUPTED. NEITHER PARTY WILL HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF THE OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR PARTY TO ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PARTY.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH WITH RESPECT TO THE PRODUCTS AND SERVICES DESCRIBED IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS” " AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY "AS AVAILABLE" BASIS FOR YOUR USE. ZF MAKES NO WARRANTIES, REPRESENTATIONS OR PROMISES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. ZF DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT INFRINGEMENT. ZF SPECIFICALLY DOES NOT WARRANT THAT THE INFORMATION AND MATERIAL CONTAINED IN THE PRODUCTS OR THE USE OF THE PRODUCTS WILL MEET YOUR REQUIREMENTS. ZF DOES NOT WARRANT OR MAKE ANY IMPLIED REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZF OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY ARISING BY USAGE OR IN ANY WAY INCREASE THE SCOPE OF TRADE, COURSE ANY WARRANTY EXPRESSLY SET FORTH IN THIS AGREEMENT. ZF DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PRODUCTS AT THE TIMES OR LOCATIONS OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES YOUR CHOOSING; THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, UNINTERRUPTED OR ERROR- FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED).

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.1 AND 6.2 ABOVE, TASKTOP MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMEN- TATION OR ANY MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. TASKTOP DOES NOT WARRANT THAT THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE PRODUCTS AND SERVICES ARE DOCUMEN- TATION OR ANY MATERIALS FURNISHED OR PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR WARRANTIES OF ANY KIND, EXPRESS THAT THEY WILL BE FREE FROM DEFECTS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THAT THE PRODUCTS OR SERVICESARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. TASKTOP HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMENTATION OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADEMATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED EXCEPT TO THE FULLEST EXTENT PERMITTED)THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Disclaimer. EXCEPT AS EXPRESSLY THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION ARE THE ONLY WARRANTIES GIVEN BY PACKAGEX WITH RESPECT TO THE SERVICES OR THIS AGREEMENT. PACKAGEX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO MERCHANTABLE, WILL OPERATE UNINTERRUPTED OR FREE OF DEFECT OR ERROR, NON-INFRINGING, OR FIT FOR ANY PARTICULAR PURPOSE. PACKAGEX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE SERVICES. CUSTOMER AGREES THAT ITS PURCHASES HEREUNDER ARE FOR THE CURRENTLY AVAILABLE SERVICES AND ARE NEITHER CONTINGENT ON THE DELIVERY OF ANY KINDFUTURE FUNCTIONALITY OR FEATURES NOR DEPENDENT ON ANY ORAL OR WRITTEN PUBLIC COMMENTS MADE BY PACKAGEX REGARDING FUTURE FUNCTIONALITY OR FEATURES. PACKAGEX WILL HAVE NO LIABILITY FOR DELAYS, EXPRESS FAILURES OR IMPLIED, WITH RESPECT LOSSES ATTRIBUTABLE OR RELATED IN ANY WAY TO THE PERFORMANCE USE OR IMPLEMENTATION OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD THIRD- PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS SOFTWARE OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED PROVIDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PACKAGEX.

Disclaimer. EXCEPT IF ANY PARTY DEFAULTS IN ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT AND SUBJECT TO THE LIABILITY CAP IN SECTION 8.K OF APPENDIX A OF THE DIR CONTRACT, AS EXPRESSLY SET FORTH IN THIS AGREEMENTMODIFIED BY THE PARTIES, THE PRODUCTS NON BREACHING PARTY WILL BE ENTITLED TO RECOVER FROM THE BREACHING PARTY ONLY THE ACTUAL AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND DIRECT DAMAGES THAT THE NON BREACHING PARTY MAY INCUR ON ACCOUNT OF SUCH BREACH. NEITHER PARTY NOR ANY OF ITS THIRD RESPECTIVE AFFILIATES OR LICENSORS WILL BE LIABLE TO THE OTHER PARTY SUPPLIERS DO NOT MAKE FOR ANY REPRESENTATIONS INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR WARRANTIES EXEMPLARY DAMAGES EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ASSOCIATED WITH: LOSS OF PROFITS OR GOOD WILL; UNAVAILABILITY OR NONPERFORMANCE OF ANY KINDOR ALL OF THE SERVICES; INVESTMENTS, EXPRESS EXPENDITURES OR IMPLIED, WITH RESPECT COMMITMENTS RELATED TO USE OR ACCESS TO THE PERFORMANCE SERVICE OFFERINGS; COST OF THE PRODUCTS PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED ; UNAUTHORIZED ACCESS TO, COMPROMISE, ALTERATION OR LOSS OF CUSTOMER CONTENT; OR COST OF REPLACEMENT OR RESTORATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT LOST OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)ALTERTED CUSTOMER CONTENT.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENTCLAUSE 8.1, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS CLIMAX COMMUNITY MAKES NO ADDITIONAL REPRESENTATION OR WARRANTIES WARRANTY OR GUARANTEE OF ANY KINDKIND WHETHER EXPRESS, EXPRESS IMPLIED (EITHER IN FACT OR IMPLIEDBY OPERATION OF LAW), WITH RESPECT OR STATUTORY, AS TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MATTER WHATSOEVER. CLIMAX COMMUNITY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (INCLUDING FOR THE PURPOSE OF ANY REPORTING OBLIGATIONS STEMMING FROM APPLICABLE LAW), NON-INFRINGEMENT QUALITY OR ANY IMPLIED WARRANTY ARISING BY USAGE ACCURACY. CLIMAX COMMUNITY DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCETHE SERVICES. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES CLIMAX COMMUNITY DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES ARE ERROR-FREE OR THAT OPERATION OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED. CLIMAX COMMUNITY DOES NOT WARRANT THAT ANY INFORMATION PROVIDED THROUGH THE CLIMAX COMMUNITY SERVICES IS ACCURATE OR COMPLETE OR THAT ANY INFORMATION PROVIDED THROUGH THE SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREEAVAILABLE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS CLIMAX COMMUNITY EXERCISES NO CONTROL OVER AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR EXPRESSLY DISCLAIMS ANY LOSS LIABILITY ARISING OUT OF FAILURE OR BASED UPON THE RESULTS OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE CUSTOMER’S USE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SERVICES.

Disclaimer. CUSTOMER ACKNOWLEDGES THAT THE SOFTWARE AND THE FIREWALL IS PROVIDED HEREUNDER WITH NO WARRANTY WHATSOEVER. CUSTOMER ACKNOWLEDGES THAT ITS USE OF THE SERVICE IS AT ITS OWN RISK. THE SERVICE IS PROVIDED SOLELY ON AN "AS-IS" BASIS. EXCEPT AS EXPRESSLY SET FORTH EXPLICITLY STATED IN THIS AGREEMENT, THE PRODUCTS TELEFLORA DISCLAIMS OTHER WARRANTIES AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO DOES NOT MAKE ANY REPRESENTATIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY KINDREPRESENTATION OR WARRANTY AS TO THE OWNERSHIP OR NON-INFRINGEMENT OF ANY SOFTWARE. THE WARRANTIES STATED IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. WITHOUT LIMITING THE FOREGOING, EXPRESS CUSTOMER ACKNOWLEDGES THAT TELEFLORA IS NOT RESPONSIBLE FOR AND DOES NOT GIVE ANY ASSURANCE TO CUSTOMER OR IMPLIED, ANY OTHER ENTITY OR PERSON WITH RESPECT TO THE PERFORMANCE VALIDITY AND VALUE, USEFULNESS OR ACCURACY OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY CUSTOMER SHALL BEAR ALL RISK ASSOCIATED WITH THE USE OF THE SOFTWARE. TELEFLORA SHALL MAKE AVAILABLE TO DAMAGES THAT CANNOT BE EXCLUDED CUSTOMER WARRANTIES PROVIDED BY LAW (THIRD-PARTY PROVIDERS OF SOFTWARE AS DESCRIBED IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED).EXHIBIT C.

Disclaimer. EXCEPT THE WARRANTY CONTAINED IN SECTION 3.07 IS THE ---------- SOLE AND EXCLUSIVE WARRANTY AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES IS EXPRESSLY IN LIEU OF ANY KIND, EXPRESS OR IMPLIEDIMPLIED WARRANTIES, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS IN FACT OR SERVICESIN LAW, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT PURPOSE OR ANY SIMILAR WARRANTIES IMPLIED WARRANTY ARISING BY USAGE APPLICABLE LAW. REPAIR OR REPLACEMENT OF TRADEDEFECTIVE PRODUCTS SHALL BE AMD INC.'S EXCLUSIVE REMEDY WITH RESPECT TO ----------------------- ***CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. DEFECTIVE PRODUCTS. AMD HOLDING ASSUMES NO LIABILITY IN TORT OR STRICT LIABILITY, COURSE NOR SHALL AMD HOLDING BE LIABLE TO AMD INC. OR ANY SUBSIDIARY OR AFFILIATE THEREOF FOR LOSS OF DEALING USE OF PRODUCTS OR COURSE OF PERFORMANCEANY OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED BY AMD INC. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE ANY SUBSIDIARY OR ERROR-FREEAFFILIATE THEREOF. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED OF AMD HOLDING ARISING IN CONNECTION WITH ANY PRODUCTS SOLD HEREUNDER EXCEED THE ACTUAL AMOUNT PAID BY AMD INC. TO THE FULLEST EXTENT PERMITTED)AMD HOLDING FOR PRODUCTS INVOLVED IN SUCH CLAIM.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED HEREIN OR IN THIS AGREEMENTAN ORDER FORM, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDCLEARCARE DISCLAIMS ALL WARRANTIES, EXPRESS OR ORAL, WRITTEN, EXPRESS, IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICESSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND MERCHANTABILITY, AND ANY WARRANTY OF NON-INFRINGEMENT INFRINGEMENT, OR ANY IMPLIED WARRANTY WARRANTIES ARISING BY USAGE OF TRADEFROM TRADE PRACTICE, COURSE OF DEALING PERFORMANCE, OR COURSE OF PERFORMANCEDEALING. OCLC CLEARCARE DOES NOT WARRANT THAT THE PRODUCT OFFERINGS SHALL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL DEFECTS SHALL BE CORRECTED, OR THAT THE PRODUCT OFFERINGS SHALL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER FURTHER AGREES THAT THE MANUFACTURERS OR LICENSORS OF HARDWARE AND SUBLICENSED SOFTWARE MAY PROVIDE CERTAIN WARRANTIES AND OTHER TERMS AND CONDITIONS WITH RESPECT TO THE HARDWARE AND SUBLICENSED SOFTWARE SUPPLIED TO CUSTOMER UNDER THIS AGREEMENT. CLEARCARE MAKES NO REPRESENTATIONS OR WARRANTIES THAT CONCERNING THE PRODUCTS HARDWARE OR SUBLICENSED SOFTWARE. FURTHER, CLEARCARE DISCLAIMS ANY AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ALL LIABILITY ARISING OUT OF FAILURE OR RELATED TO CUSTOMER’S USE OF SUCH THIRD PARTY PRODUCTS ANY VIDEO, EMAIL, TEXING AND/OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLYRELATED TELEPHONY SERVICES, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR INCLUDING ANY LOSS ARISING OUT OF A LIABILITY RELATED TO CUSTOMER DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PROCESSED THEREIN.

Disclaimer. EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH PROVIDED ABOVE IN THIS AGREEMENTPARAGRAPH 7(A), THE PRODUCTS AND SERVICES ARE GUIDANCE SERVICE IS PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS. XXXX DEERE, ITS AFFILIATES AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR EXPRESSLY DISCLAIM AND YOU EXPRESSLY WAIVE, RELEASE AND RENOUNCE ALL WARRANTIES OF ANY KINDXXXX DEERE, EXPRESS ITS AFFILIATES, AND THIRD PARTY SUPPLIERS ARISING BY LAW OR IMPLIED, OTHERWISE WITH RESPECT TO THE PERFORMANCE AND INCLUDING, BUT NOT LIMITED TO: ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE; ANY WARRANTY AS TO ACCURACY OR AVAILABILITY OF THE PRODUCTS GUIDANCE SERVICE; ANY WARRANTY OF TITLE OR SERVICESNON-INFRINGEMENT; AND ANY OTHER WARRANTY ARISING UNDER ANY THEORY OF LAW, INCLUDING TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, SHALL BE DEEMED TO BE A WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT BY JOHN DEERE OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING ITS AFFILIATES OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SUPPLIERS.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTSECTION 6.1 ABOVE, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS VENDOR HEREBY DISCLAIMS ALL EXPRESS OR WARRANTIES OF ANY KINDIMPLIED REPRESENTATIONS, EXPRESS OR IMPLIEDIMPLIED WARRANTIES, GUARANTIES, AND CONDITIONS WITH RESPECT REGARD TO THE PERFORMANCE OF SERVICE AND THE PRODUCTS OR SERVICESPRODUCT, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY TO ALL GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT INFRINGEMENT, AND QUALITY OF SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 6.1 ABOVE, VENDOR DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR (B) THE QUALITY OF ANY IMPLIED WARRANTY ARISING PRODUCTS, SERVICES OR INFORMATION OR OTHER MATERIALS CUSTOMER PURCHASES OR OBTAINS THROUGH THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY USAGE OF TRADEVENDOR, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE AND THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLEARE PROVIDED TO CUSTOMER ON AN “AS IS” BASIS. NOTWITHSTANDING THE FOREGOING, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION VENDOR DOES NOT EXCLUDE LIABILITY TO THE EXTENT SUCH LIABILITY MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW (UNDER THE JURISDICTION IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)CUSTOMER IS LOCATED, DOING BUSINESS OR OTHERWISE BECOMES SUBJECT TO.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT(a) NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GNXCOR PROVIDES THE PRODUCTS AND PLATFORM SERVICES ARE PROVIDED "AS “AS-IS” AND OCLC “AS AVAILABLE” AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONTITLE, QUIET ENJOYMENT, ACCURACY, AND NON- INFRINGEMENT OF THIRD-INFRINGEMENT OR PARTY RIGHTS. GNXCOR DOES NOT GUARANTEE ANY IMPLIED WARRANTY ARISING BY USAGE SPECIFIC RESULTS FROM THE USE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCETHE PLATFORM SERVICES. OCLC GNXCOR MAKES NO REPRESENTATIONS OR WARRANTIES WARRANTY THAT THE PRODUCTS AND PLATFORM SERVICES WILL ALWAYS BE ACCESSIBLEUNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSCODE, ACCURATE TIMELY, SECURE, OR ERROR-FREE. (b) THE CUSTOMER SHALL USE THE PLATFORM SERVICES AT ITS OWN DISCRETION AND RISK. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS THE CUSTOMER WILL BE SOLELY RESPONSIBLE FOR (AND SERVICES WITH THIRD PARTY PRODUCTS GNXCOR DISCLAIMS) ANY AND SERVICES. HOWEVERALL LOSS, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS LIABILITY, OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLYDAMAGES, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED INCLUDING TO THE FULLEST EXTENT PERMITTED)CUSTOMER’S BUILDINGS, FACILITIES, WIRING, BUSINESS, COMPUTERS, OR MOBILE DEVICES RESULTING FROM THE CUSTOMER’S USE OF THE PLATFORM SERVICES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD NEITHER PARTY SUPPLIERS DO NOT MAKE MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO INCLUDING THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCETHIRD PARTY RIGHTS. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES SPARKCOGNITION DOES NOT WARRANT THAT THE PRODUCTS SC SOFWARE, SC SAAS SERVICES, MAINTENANCE AND SUPPORT SERVICES WILL ALWAYS MEET CUSTOMER’S NEEDS OR REQUIREMENTS OR THAT THE PROVISION OF THE SC SOFTWARE, SC SAAS SERVICES, MAINTENANCE AND SUPPORT SERVICES WILL BE ACCESSIBLEUNINTERRUPTED OR THAT THE SC SOFTWARE, FREE OF HARMFUL COMPONENTSSC SAAS SERVICES, ACCURATE MAINTENANCE AND SUPPORT SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS FURTHER, SPARKCOGNITION DOES NOT WARRANT THAT ALL ERRORS IN THE SC SOFTWARE, SC SAAS SERVICES, MAINTENANCE AND SUPPORT SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT ARE CORRECTABLE OR WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)CORRECTED.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.1 AND 6.2 ABOVE, TASKTOP MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMEN- TATION OR ANY MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. TASKTOP DOES NOT WARRANT THAT THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE PRODUCTS AND SERVICES ARE DOCUMEN- TATION OR ANY MATERIALS FURNISHED OR PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR WARRANTIES OF ANY KIND, EXPRESS THAT THEY WILL BE FREE FROM DEFECTS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THAT THE PRODUCTS OR SERVICESARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. TASKTOP HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SERVICES, NON-INFRINGEMENT SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMENTATION OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADEMATE- RIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED EXCEPT TO THE FULLEST EXTENT PERMITTED)THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH REPRESENTED OR WARRANTED IN THIS AGREEMENTSECTION 6, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS SUBSCRIPTION SERVICES, THE SERVICE DOCUMENTATION, AND ALL SERVICES PERFORMED BY ELASTIO ARE PROVIDED "“AS IS” AND OCLC ELASTIO AND ITS THIRD PARTY LICENSORS AND SUPPLIERS DO NOT MAKE DISCLAIM ANY AND ALL OTHER PROMISES, REPRESENTATIONS OR WARRANTIES OF ANY KINDAND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR DATA ACCURACY. ELASTIO SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE SUBSCRIPTION SERVICES’ ABILITY TO ELIMINATE ANY SPECIFIC MALWARE THREATS OR THE COMPLETENESS OF THE DATABASE OR PROTECTION MODULES. ELASTIO, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICES, INCLUDING THE SUBSCRIPTION SERVICES OR ANY IMPLIED WARRANTY ARISING OTHER SERVICES PROVIDED BY USAGE OF TRADE, COURSE OF DEALING ELASTIO WILL MEET CUSTOMER’S REQUIREMENTS OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND OPERATION OF THE SUBSCRIPTION SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. INSTITUTION THE PARTIES ACKNOWLEDGE AND AGREE THAT ELASTIO IS NOT OBLIGATED TO OBTAIN ANY REGULATORY APPROVALS THAT MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, NECESSARY UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)AGREEMENT.

Disclaimer. Except for the representations and warranties of Seller contained in this Agreement or in the Closing Documents executed by Seller, SELLER HAS DISCLAIMED ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PROJECT OR ANY ECONOMIC RESULTS TO BE OBTAINED IN THE FUTURE FROM THE OWNERSHIP AND OPERATION OF THE PROJECT OR ANY OF THE OTHER MATTERS DESCRIBED ABOVE. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN THIS AGREEMENTAGREEMENT OR THE CLOSING DOCUMENTS EXECUTED BY SELLER, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDSELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT AS TO THE PERFORMANCE PROJECT, THE CONDITION OR STATE OF REPAIR OF THE PRODUCTS PROJECT OR SERVICESANY PORTION THEREOF, INCLUDING, BUT NOT LIMITED TOTO ANY PHYSICAL, ENGINEERING OR ENVIRONMENTAL CONDITION OF THE PROJECT, OR OF VISIBLE OR HIDDEN DEFECTS IN MATERIAL, WORKMANSHIP OR CAPACITY OF THE PROJECT OR ANY PORTION THEREOF, OR OF ANY ECONOMIC RESULTS TO BE OBTAINED OR PREDICTED IN THE OWNERSHIP AND OPERATION OF THE PROJECT, INCLUDING, BUT NOT LIMITED TO ANY REVENUES GENERATED BY THE PROJECT AND EXPENSES INCURRED IN ITS OPERATION, AND THE OTHER MATTERS DESCRIBED ABOVE, AND THERE ARE NO IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT PURPOSE AS TO THE PROJECT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PORTION THEREOF.

Disclaimer. EXCEPT AS Other than the representations and warranties made in this Article II, PDC makes no other representations or warranties whatsoever concerning the Leases, and disclaims all liability and responsibility for any other representation, warranty, statement or information made or communicated (orally or in writing) to Marathon, including, but not limited to, any information contained in PDC's Records, or any opinions, information or advice provided to Marathon by any officer, stockholder, director, employee, agent, consultant or representative of PDC. MARATHON ACKNOWLEDGES THAT PDC HAS NOT MADE, AND PDC HEREBY EXPRESSLY SET FORTH IN THIS AGREEMENTDISCLAIMS AND NEGATES, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS REPRESENTATION OR WARRANTIES OF ANY KINDWARRANTY, EXPRESS OR EXPRESS, IMPLIED, WITH RESPECT TO AT COMMON LAW, BY STATUTE, OR OTHERWISE RELATING TO: (a) THE PERFORMANCE CONDITION OF THE PRODUCTS OR SERVICES, LEASES (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NON-OR OF CONFORMITY TO MODELS OR SAMPLES OR MATERIALS), (b) ANY INFRINGEMENT BY PDC OF ANY PATENT OR PROPRIETARY RIGHT OF ANY IMPLIED WARRANTY ARISING THIRD PARTY, AND (c) ANY INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR ORAL) FURNISHED TO MARATHON BY USAGE OR ON BEHALF OF TRADEPDC (INCLUDING WITHOUT LIMITATION, COURSE WITH RESPECT TO GEOLOGICAL OR GEOPHYSICAL DATA, THE EXISTENCE OR EXTENT OF DEALING OIL, GAS OR COURSE OTHER MINERAL RESERVES, THE RECOVERABILITY OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLECOST OF RECOVERING ANY SUCH RESERVES, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE THE VALUE OF SUCH THIRD PARTY PRODUCTS RESERVES, ANY PRODUCT PRICING ASSUMPTIONS, AND THE ABILITY TO SELL OIL OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTEDGAS PRODUCTION AFTER CLOSING).

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXCLUSIVE WARRANTIES SET FORTH IN THIS ENTERPRISE AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC CLOUDERA AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE DISCLAIM ANY REPRESENTATIONS OR AND ALL OTHER WARRANTIES OF ANY KIND, (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE PERFORMANCE OF CLOUDERA PRODUCTS, HORTONWORKS PRODUCTS, THE PRODUCTS SUPPORT SERVICES AND/OR THE SERVICES, INCLUDINGWHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY BY REASON OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT CUSTOM OR ANY IMPLIED WARRANTY ARISING BY USAGE OF IN THE TRADE, BY COURSE OF DEALING OR COURSE OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE SUITABILITY FOR ANY LOSS ARISING OUT PURPOSE (WHETHER OR NOT CLOUDERA KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF FAILURE ANY SUCH PURPOSE); AND (III) WARRANTIES OF SUCH THIRD PARTY NONINFRINGEMENT OR CONDITION OF TITLE. CLOUDERA AND ITS SUPPLIERS MAKE NO WARRANTIES WITH RESPECT TO THE CLOUDERA PRODUCTS OR SERVICES HORTONWORKS PRODUCTS BEING FREE FROM BUGS, ERRORS, OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWAREOMISSIONS. THIS SECTION DISCLAIMER AND EXCLUSION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT EVEN IF ANY OF THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)EXPRESS WARRANTIES SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer. EXCEPT AS EXPRESSLY OTHERWISE SET FORTH IN THIS AGREEMENTSECTION 12.1, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY BSG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS NATURE OR IMPLIEDDESCRIPTION, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PERFORMANCE OF CONTENT, THE TECHNOLOGY, THE SERVICE, THE DOCUMENTATION, THE WORK PRODUCT, THE CUSTOM DEVELOPMENT SERVICES, OR ANY OTHER PRODUCTS OR SERVICESSERVICES PROVIDED HEREUNDER, INCLUDINGOR THE USE THEREOF BY SUBSCRIBER AND ITS USERS, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT, SECURITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND BSG HEREBY DISCLAIMS THE SAME. THE SERVICE IS NOT A REGULATORY COMPLIANCE PLATFORM, AND USE OF THE SERVICE DOES NOT ENSURE COMPLIANCE WITH ANY FINANCIAL INDUSTRY REGULATORY AUTHORITY REGULATIONS, SECURITIES AND EXCHANGE COMMISSION REGULATIONS, OR OTHER LAWS AND/OR REGULATIONS APPLICABLE TO SUBSCRIBER. BSG AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (a) THE USE OF THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE; OR (b) THE SERVICE, OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADEPRODUCTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLESERVICES, FREE OF HARMFUL COMPONENTSINFORMATION, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLCMATERIAL PURCHASED OR OBTAINED BY SUBSCRIBER THROUGH THE SERVICE, WILL MEET SUBSCRIBER’S REASONABLE CONTROLREQUIREMENTS OR EXPECTATIONS; OR (c) ALL ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)SERVICE AND ALL CONTENT IS PROVIDED STRICTLY ON AN “AS IS” BASIS.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS SERVICES AND SERVICES THE SITE ARE PROVIDED "AS IS” " AND OCLC WITH ALL FAULTS AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES DEFECTS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT . TO THE PERFORMANCE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FUTUREDONTICS MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES OR CONDITIONS REGARDING THE SERVICES OR THE SITE. FUTUREDONTICS, ITS REPRESENTATIVES, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE PRODUCTS SERVICES OR SERVICESTHE SITE, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEHARMFUL CODE. OCLC FUTUREDONTICS MAKES NO REPRESENTATIONS REPRESENTATIONS, WARRANTIES, GUARANTIES OR WARRANTIES CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES OR SITE. WITHOUT LIMITATION OF THE FOREGOING, FUTUREDONTICS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLYTHE SITE WILL OPERATE WITHOUT INTERRUPTION, UNDER NO CIRCUMSTANCES SHALL OCLC MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE LIABLE FOR ERROR FREE OR THAT ANY LOSS ARISING OUT OF A DATA ERRORS OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION DEFECTS CAN OR WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)CORRECTED.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTSECTION, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE ON AN AS-IS BASIS. CUSTOMER’S USE OF THE PRODUCTS OR SERVICESSOFTWARE AND PURCHASE OF THE SERVICES ARE AT ITS OWN RISK. ATHELAS DOES NOT MAKE, INCLUDING, BUT NOT LIMITED TOAND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY, AND IMPLIED WARRANTY WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT NONINFRINGEMENT AND ACCURACY (OF DATA OR ANY IMPLIED WARRANTY OTHER INFORMATION OR CONTENT), AND ANY WARRANTIES ARISING BY USAGE OF TRADE, FROM A COURSE OF DEALING DEALING, USAGE, OR COURSE TRADE PRACTICE. ANY WARRANTIES MADE BY ATHELAS ARE FOR THE BENEFIT OF PERFORMANCECUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. OCLC MAKES NO REPRESENTATIONS THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR WARRANTIES THAT OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THE PRODUCTS ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, DATA, PRODUCTS, PROCESSES, AND OTHER MATTERS REFERENCED BY THE SERVICES WILL ALWAYS BE ACCESSIBLEREMAINS WITH THE CUSTOMER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, FREE OF HARMFUL COMPONENTSSERVICE PROVIDERS DO NOT GUARANTEE CONTINUOUS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS , VIRUS-FREE, OR SECURE OPERATION AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED ACCESS TO THE FULLEST EXTENT PERMITTED)SOFTWARE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENTSECTION OR AN ORDER FORM OR ADDENDUM OR ANY APPLICABLE DOCUMENTATION AS DESCRIBED IN 7.1, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS COMPANY MAKES NO ADDITIONAL REPRESENTATION OR WARRANTIES WARRANTY OF ANY KINDKIND WHETHER EXPRESS, EXPRESS IMPLIED (EITHER IN FACT OR IMPLIEDBY OPERATION OF LAW), WITH RESPECT OR STATUTORY, AS TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MATTER WHATSOEVER. COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT INFRINGEMENT. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE PRODUCTS OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEPROFESSIONAL SERVICES. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES COMPANY DOES NOT WARRANT THAT THE PRODUCTS, DOCUMENTATION, OR PROFESSIONAL SERVICES ARE ERROR-FREE OR THAT OPERATION OF THE PRODUCTS AND OR PROVISION OF THE PROFESSIONAL SERVICES WILL ALWAYS BE ACCESSIBLESECURE OR UNINTERRUPTED. COMPANY DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY A PRODUCT OR DOCUMENTATION, FREE OF HARMFUL COMPONENTSOR IN CONNECTION WITH THE PROFESSIONAL SERVICES, ACCURATE OR ERROR-FREEIS COMPLETE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS COMPANY EXERCISES NO CONTROL OVER, AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR EXPRESSLY DISCLAIMS ANY LOSS LIABILITY ARISING OUT OF FAILURE OR BASED UPON THE RESULTS OF, CUSTOMER’S USE OF SUCH THIRD PARTY THE PRODUCTS OR SERVICES DOCUMENTATION OR OTHER EVENTS OUTSIDE RECEIPT OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)PROFESSIONAL SERVICES.

Disclaimer. THE LIMITED WARRANTY SET FORTH IN SECTION 6.1 IS MADE FOR THE BENEFIT OF CUSTOMER ONLY. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 6.1, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS SERVICES AND SERVICES DOCUMENTATION ARE PROVIDED "“AS IS,” AND OCLC VISUAL VOCAL MAKES NO (AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR WARRANTIES OF ANY KINDCONDITIONS, EXPRESS WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICESSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE SERVICES OR DOCUMENTATION (IN WHOLE OR IN PART) OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY OTHER PRODUCTS OR SERVICES PROVIDED TO CUSTOMER BY VISUAL VOCAL. VISUAL VOCAL DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR OTHER EVENTS OUTSIDE THAT OPERATION OF OCLC’S REASONABLE CONTROLTHE SERVICES SHALL BE UNINTERRUPTED OR ERROR- FREE. ADDITIONALLYSOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT SO SOME OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL THE ABOVE LIMITATIONS MAY NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)CUSTOMER.

Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTTHESE WARRANTY TERMS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES THE XIRRUS PRODUCTS AND SERVICES ARE PROVIDED "AS IS” " AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITHOUT WARRANTY OF ANY KIND, EXPRESS OR AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICESSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADEPERFORMANCE, COURSE OF DEALING OR COURSE OF PERFORMANCEACCURACY, RELIABILITY, SECURITY AND NONINFRINGEMENT. OCLC RIVERBED ALSO MAKES NO REPRESENTATIONS WARRANTY REGARDING NONINTERRUPTION OF USE OR WARRANTIES FREEDOM FROM BUGS OR THAT THE PRODUCTS AND SERVICES ANY XIRRUS PRODUCT OR SERVICE WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREEMEET CUSTOMER’S REQUIREMENTS. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, RIVERBED EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM ANY DELAYS IN NO EVENT WILL OCLC BE LIABLE FOR FULFILLING ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, OBLIGATIONS UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARETHESE WARRANTY TERMS. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO TRADINGMOTION DOES NOT MAKE ANY REPRESENTATIONS REPRESENTATIONS, WARRANTIES OR WARRANTIES OF ANY KINDGUARANTEES, EXPRESS EXPRESSED OR IMPLIED, IMPLIED WITH RESPECT TO THE PERFORMANCE PLATFORMOR ANY SOFTWARE USED IN CONNECTION WITH THE PLATFORMOR ITS CONTENT, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OF THE PRODUCTS MERCHANTABILITY OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (ii) THAT CUSTOMER OR BROKER WILL BE ABLE TO ACCESS OR USE THE PLATFORMAT TIMES OR LOCATIONS OF THEIR CHOOSING; (iii) THAT TRADINGMOTION WILL HAVE ADEQUATE CAPACITY FOR THE PLATFORMAS A WHOLE OR IN ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING GEORGRPAHIC LOCATION; OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES (iv) THAT THE PRODUCTS PLATFORMOR ANY SOFTWARE RELATED THERETO IS ERROR FREE OR VIRUS FREE OR WILL PROVIDE UNINTERRUPTED AND SERVICES WILL ALWAYS BE ACCESSIBLE, ERROR FREE SERVICE. TRADINGMOTION‟S GRANT OF HARMFUL COMPONENTS, ACCURATE THE RIGHT TO USE THE PLATFORMIS GRANTED “AS IS” WITH ALL FAULTS. BROKER ACKNOWLEDGES IT HAS NOT RELIED UPON ANY REPRESENTATION OR ERROR-FREEWARRANTY FROM TRADINGMOTION EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS TRADINGMOTION RESERVES THE RIGHT TO SUSPEND SERVICE AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED DENY ACCESS TO THE FULLEST EXTENT PERMITTED)PLATFORMWITHOUT PRIOR NOTICE DURING THE SCHEDULED OR UNSCHEDULED SYSTEM MAINTENANCE OR UPGRADING.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTSECTION 13.2, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDWE DISCLAIM ALL WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICESSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY IMPLIED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 13.2, THE SITE, THE SERVICE (AND ANY AND ALL CONTENT OF ANY KIND PROVIDED BY US IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT) IS PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY AND ANY USE OF THE SERVICES BY YOU IS ENTIRELY AT YOUR OWN RISK. IF YOU MAKE ANY CHANGES OR MODIFICATIONS TO THE SERVICE (OR ANY IMPLIED WARRANTY ARISING CONTENT OF ANY KIND PROVIDED BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT US IN CONNECTION WITH THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE THIS AGREEMENT), THE WARRANTIES IN SECTION 13.2 WILL BE NULL AND VOID. IF ANY PART OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION IS DETERMINED TO BE UNENFORCEABLE, THEN ALL EXPRESS AND IMPLIED WARRANTIES WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE FULLEST EXTENT PERMITTED)EFFECTIVE DATE, AND NO WARRANTIES OR CONDITIONS WILL APPLY AFTER THAT PERIOD.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTLICENSOR MAKES NO EXPRESS WARRANTY OR REPRESENTATION, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR ---------- NO WARRANTY SHALL BE IMPLIED, WITH RESPECT TO AS TO: 3.2.1 THE PERFORMANCE OF THE PRODUCTS OR SERVICESADEQUACY, INCLUDINGINTERPRETATION, BUT NOT LIMITED TOUSEFULNESS, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT PURPOSE OF INVENTIONS OR DESIGNS COVERED BY LICENSOR'S PATENT RIGHTS OR ANY IMPLIED WARRANTY ARISING BY USAGE SUCH TECHNOLOGY; 3.2.2 THE FREEDOM FROM INFRINGEMENT OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS PATENTS, DESIGNS, COPYRIGHTS OR ANY INTELLECTUAL PROPERTY RIGHTS BY USE OF LICENSOR'S TECHNICAL INFORMATION OF CONFIDENTIAL INFORMATION FURNISHED HEREUNDER OR UNDER CONTRACTS BETWEEN THE PARTIES CONCLUDED PURSUANT HERETO OR BY USE OF INVENTIONS OR DESIGNS COVERED BY LICENSOR'S PATENT RIGHTS OR ANY SUCH TECHNOLOGY, PROVIDED THAT IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS SECTION 3.2.2 AND SERVICES. HOWEVERSECTION 2.1(o) OF THE JR CAPITAL CONTRIBUTION AGREEMENT, SECTION 2.1(o) OF THE JR CAPITAL CONTRIBUTION AGREEMENT SHALL CONTROL; OR 3.2.3 THE VALIDITY OF ANY PATENT, DESIGN, OR PATENT OR DESIGN CLAIM INCLUDED IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES LICENSOR'S PATENT RIGHTS OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROLINTELLECTUAL PROPERTY RIGHTS. ADDITIONALLYLICENSEE agrees to hold LICENSOR harmless from and indemnify LICENSOR against any and all liabilities, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWAREdemands, expenses or damages arising out of or resulting from any claims in connection with the infringement of any third party's intellectual property rights by or as a result of LICENSEE's or its Affiliates' manufacture, use, sale or other disposition of any Licensed Product or beverage container covered by LICENSOR's Intellectual Property Rights. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)Without limiting the generality of the foregoing, it is expressly understood and agreed that LICENSEE is fully and solely responsible for the Licensed Product and that LICENSOR does not take any responsibilities whatsoever for, and shall not be liable, either directly or as an indemnitor for any liabilities, demands, expenses, costs or damages, including special and consequential damages, regardless of the fault or concurrent negligence of direct or indirect parties arising from the Licensed Product, its use or performance.

Disclaimer. Except as expressly stated in Section 8.1, the Company makes no representations or warranties of any kind with respect to any Company products or software and the products and software are provided to Reseller “as is.” EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENTTHE PRODUCT END USER LICENSE AGREEMENT(S), THE PRODUCTS COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND SERVICES ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT AS TO THE PERFORMANCE OF PRODUCTS, SOFTWARE OR SERVICES PROVIDED BY THE PRODUCTS OR SERVICESCOMPANY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS PROVIDED IN THE PRODUCT END USER LICENSE AGREEMENT(S), NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC COMPANY SHALL NOT BE LIABLE FOR ANY LOSS ARISING OUT DAMAGE, LOSS, COST OR EXPENSE FOR BREACH OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROLANY WARRANTY. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR TO THE EXTENT THAT ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT IMPLIED WARRANTIES CANNOT BE EXCLUDED BY LAW (OR DISCLAIMED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN WHICH EVENT THE LIABILITY SHALL BE LIMITED DURATION TO THE FULLEST EXTENT PERMITTED)MINIMUM AMOUNT PERMITTED BY APPLIABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES RESELLER SPECIFIC LEGAL RIGHTS, AND RESELLER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The right to return defective products or software, if provided under the applicable XXXX, shall constitute the Company’s sole liability and Reseller’s exclusive remedy in connection with any claim of any kind relating to the quality, condition or performance of any Company product or software, whether such claim is based upon breach of contract, warranty or any statutory duty, negligence or other tort, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH OTHERWISE PROVIDED FOR IN THIS AGREEMENTAGREEMENT OR ANY SOW, THE PRODUCTS AND SERVICES ARE PROVIDED "“AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF THE PRODUCTS MERCHANTABILITY OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, WARRANTIES BASED ON COURSE OF DEALING OR COURSE USAGE IN TRADE. FACL DOES NOT WARRANT THAT THE SERVICES WILL BE FREE OF PERFORMANCEBUGS OR COMPUTER VIRUSES, AND HEREBY DISCLAIMS ANY ALL LIABILITY FOR ANY LOSS OR DAMAGES SUFFERED BY ANY PERSON OR ENTITY, INCLUDING CUSTOMER, ON ACCOUNT OF BUGS, VIRUSES, OR OTHER MALICIOUS CODE IN THE SERVICES. OCLC FACL MAKES NO REPRESENTATIONS OR WARRANTIES THAT ABOUT THE PRODUCTS AND LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES WILL ALWAYS BE ACCESSIBLEIN ANY GEOGRAPHIC AREA. 9. Limitation of Liability NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FREE OF HARMFUL COMPONENTS, ACCURATE NEITHER CUSTOMER NOR FACL SHALL HAVE ANY LIABILITY UNDER OR ERROR-FREE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS ARISING OUT OF FAILURE PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF FACL OR CUSTOMER IS AWARE OF THE POSSIBILITY OF SUCH THIRD PARTY PRODUCTS LOSS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWAREDAMAGES. THIS SECTION WILL NOT APPLY LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THIS AGREEMENT ARE AGGREGATED TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT CALCULATE SATISFACTION OF THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)LIMIT.

Disclaimer. EXCEPT AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS SECTION 10 (“LIMITED WARRANTIES”) ARE EXCLUSIVE AND SERVICES THERE ARE PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDNO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, AND DELIVERHEALTH HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT AND TITLE. DELIVERHEALTH DOES NOT GUARANTEE THAT THE SOFTWARE OR SERVICES WILL YIELD ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADEPARTICULAR BUSINESS OR FINANCIAL RESULT, COURSE OF DEALING OR COURSE OF PERFORMANCETHAT THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION. OCLC DELIVERHEALTH MAKES NO REPRESENTATIONS REPRESENTATION OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREEWARRANTY WITH RESPECT TO ANY THIRD- PARTY SOFTWARE. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC DELIVERHEALTH'S THIRD PARTY SUPPLIERS OF ANY COMPONENT OF THE DELIVERHEALTH SOFTWARE, CLOUD SERVICES BE RESPONSIBLE OR LIABLE TO COMPANY OR ITS AFFILIATES FOR ANY LOSS DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF A DATA UNDER THIS AGREEMENT OR A SECURITY BREACH ORIGINATING OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN. SUCH THIRD-PARTY SUPPLIERS ARE THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT BENEFICIARIES OF THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)FOREGOING SENTENCE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS AGREEMENT, CUSTOMER UNDERSTANDS AND AGREES THAT THE PRODUCTS SERVICE, THE CONTRUENT MATERIALS, AND THE PROFESSIONAL SERVICES ARE PROVIDED "“AS IS” AND OCLC AND CONTRUENT, ITS AFFILIATES, THIRD PARTY SUPPLIERS DO NOT PROVIDERS, AND LICENSORS MAKE ANY REPRESENTATIONS OR NO WARRANTIES OF ANY KINDKIND WHETHER EXPRESS, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF THE PRODUCTS OR SERVICESTITLE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OF THIRD PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCEAPPLICABLE LAW. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES CONTRUENT DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES SERVICE WILL ALWAYS BE ACCESSIBLEUNINTERRUPTED, FREE OF HARMFUL COMPONENTSTIMELY, ACCURATE OR SECURE, ERROR-FREE, OR THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. INSTITUTION MAY INTEGRATE OCLC’S PRODUCTS CONTRUENT IS NOT RESPONSIBLE FOR AND SERVICES WITH DISCLAIMS ALL LIABILITY RELATED TO DELAYS, DELIVERY FAILURES, INTERCEPTION, ALTERATION, OR OTHER DAMAGE RESULTING FROM MATTERS OUTSIDE OF ITS CONTROL, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE AND PERSONAL COMPUTING DEVICES, TRANSMISSION OF ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR OTHER NETWORKS, AND THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF SUCH THIRD PARTY PRODUCTS OR SERVICES OR OTHER EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR A SECURITY BREACH ORIGINATING FROM SUCH THIRD PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED)HOSTING SERVICE PROVIDERS.