Common use of Disclaimer Clause in Contracts

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.1, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSES.

Disclaimer. EXCEPT AS SET FORTH 9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN SECTION 5.1NO EVENT WILL JETBRAINS (OR ITS AFFILIATES, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIESAGENTS, EXPRESS, IMPLIED, STATUTORYDIRECTORS, OR EMPLOYEES), OR JETBRAINS’ LICENSORS, SUPPLIERS, OR RESELLERS BE LIABLE TO YOU OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF YOUR ACCESS TO JETBRAINS ACCOUNT AND ALL JETBRAINS PRODUCTS AND SERVICES IN ACCOR- DANCE WITH THIS AGREEMENT, OR (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEM- PLARY, OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER PROVISION CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO JETBRAINS ACCOUNT AND JETBRAINS ACCOUNT SERVICE OR SUPPORT. THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE PRODUCT OR FULLEST EXTENT PERMITTED BY LAW IN THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESAPPLICABLE JURISDICTION.

Disclaimer. EXCEPT AS SET FORTH 11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN SECTION 5.1NO EVENT WILL JETBRAINS (OR ITS AFFILIATES, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIESAGENTS, EXPRESS, IMPLIED, STATUTORYDIRECTORS, OR EMPLOYEES), OR JETBRAINS’ LICENSORS, SUPPLIERS, OR RESELLERS BE LIABLE TO YOU OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF YOUR ACCESS TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE IN ACCORDANCE WITH THIS AGREEMENT; (C) ANY LOSS OR DAMAGE ASSOCIATED WITH THE USE OF DEVELOPER PLUGINS; OR (D) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER PROVISION CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO JETBRAINS PLUGIN MARKETPLACE SERVICE. THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE PRODUCT OR FULLEST EXTENT PERMITTED BY LAW IN THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATAAPPLICABLE JURISDICTION. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR JETBRAINS DOES NOT UNDERTAKE AND WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY RELATED TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, (i) YOUR COMPLIANCE OR LOSSESNON-COMPLIANCE WITH THE DEVELOPER XXXX OR (ii) TO YOUR USE OF PLUGINS.

Disclaimer. EXCEPT AS FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 5.1THIS SECTION, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION THE SERVICES ARE PROVIDED ON AN AS-IS BASIS. CUSTOMER’S USE OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING SOFTWARE AND PURCHASE OF THE PRODUCT OR THE DATABASE LIBRARIESSERVICES ARE AT ITS OWN RISK. ATHELAS DOES NOT MAKE, AND LICENSOR SPECIFICALLY DISCLAIMS HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY, AND IMPLIED WARRANTIES, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NONINFRINGEMENT AND ACCURACY (OF DATA OR ACCURACY ANY OTHER INFORMATION OR CONTENT), AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ANY WARRANTIES MADE BY ATHELAS ARE FOR THE BENEFIT OF CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. 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 OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THE 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 REMAINS WITH THE CUSTOMER. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROREXCEPT AS EXPRESSLY PROVIDED HEREIN, ATHELAS DOES NOT GUARANTEE CONTINUOUS, ERROR- FREE, VIRUS-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER SECURE OPERATION AND ACCESS 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESTHE SOFTWARE.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH OUT IN SECTION 5.1THE PRODUCT WARRANTY, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIESKOKAM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS, EXPRESS OR IMPLIED, STATUTORYARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY AS TO QUALITY, MERCHANTABILITY OR FITNESS FOR PURPOSE, CONCERNING THE USE OR PERFORMANCE OF ANY OF THE PRODUCTS, OR IN THEIR DESIGN, MATERIALS, WORKMANSHIP, LIFE, PERFORMANCE OR SUITABILITY, OR THE INFORMATION, SPECIFICATIONS OR MANUALS PROVIDED WITH THEM. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WHATSOEVER WILL KOKAM HAVE ANY OTHER PROVISION LIABILITY TO BUYER FOR ADVICE, ASSISTANCE, RECOMMENDATIONS OR INFORMATION PROVIDED BY KOKAM TO BUYER WITH RESPECT TO THE HANDLING, STORAGE OR USE OF ANY PRODUCTS. THE AGREEMENT PRODUCTS ARE NOT INTENDED FOR USE AS A PRIMARY OR BACKUP POWER SOURCE FOR: (I) AIRCRAFT, UNMANNED AERIAL VEHICLE OR AIRCRAFT SYSTEMS, SPACECRAFT, OR ANY OTHER COMMUNICATIONPRODUCTS INSTALLED IN AIRCRAFT OR USED IN CONNECTION WITH AIRCRAFT OR FOR SPARE OR REPLACEMENT PARTS FOR AIRCRAFT; (II) LIFE-SUPPORT SYSTEMS, REGARDING THE PRODUCT MEDICAL, SURGICAL AND/OR THE DATABASE LIBRARIESDENTAL EQUIPMENT, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERRORX-FREERAY, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION ANY OTHER MEDICAL DEVICES; OR WILL FULFILL (III) ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER OTHER USE WHERE PRODUCTS FAILURE COULD LEAD 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 INJURY TO A POSSIBILITY OF HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION PERSONS OR LOSS OF DATA LIFE OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR CATASTROPHIC PROPERTY DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSES.

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.1HEREIN, LICENSOR THE PLATFORM IS BEING DEPLOYED TO YOU “AS IS” AND KIVUTO AND ITS SUPPLIERS MAKE NO WARRANTY AS TO ITS USE, RELIABILITY OR PERFORMANCE. KIVUTO DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PLATFORM. KIVUTO MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORYAS TO NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, TITLE, MERCHANTABILITY, OR IN FITNESS FOR ANY OTHER PROVISION PARTICULAR PURPOSE. GIVEN THE NATURE AND VOLUME OF MALICIOUS AND UNWARRANTED ELECTRONIC CONTENT, KIVUTO DOES NOT WARRANT THAT THE AGREEMENT PLATFORM OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES SERVICES THEREOF WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION SECURE, OR WILL FULFILL 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 LICENSEE’S PARTICULAR PURPOSES VIRUSES, MALICIOUS CODE, INTRUSIONS, SECURITY BREACHES OR NEEDSOTHER HARMFUL CONTENTS OR COMPONENTS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, OMISSIONSDAMAGE TO EQUIPMENT, 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYSSOFTWARE PROGRAMS, OR LOSSESUNAVAILABILITY OR INTERRUPTION OF OPERATIONS. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE PLATFORM AND ASSUMES ALL RISKS ASSOCIATED WITH ITS USE.

Disclaimer. EXCEPT AS FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5.112(a), LICENSOR MAKES THE SOFTWARE AND LICENSEE RECEIVES NO DOCUMENTATION ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYSTATUTORY OR OTHERWISE, OR IN ANY OTHER PROVISION OF WITH RESPECT TO THE AGREEMENT OR ANY OTHER COMMUNICATIONSOFTWARE AND DOCUMENTATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND INCLUDING ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR ACCURACY OF DATATRADE PRACTICE. THERE IS WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED PRODUCT SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR DATABASE LIBRARIES WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESCORRECTED.

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.1EXPRESSLY PROVIDED HEREIN, LICENSOR NEITHER PARTY MAKES AND LICENSEE RECEIVES NO WARRANTIESANY OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIESOTHERWISE, AND LICENSOR EACH PARTY SPECIFICALLY DISCLAIMS ANY AND ALL OTHER IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY WARRANTIES THAT MAY ARISE BY OPERATION OF DATALAW. THERE IS NO WITH THE 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 LICENSED PRODUCT SERVICES ARE FREE FROM ANY BUGS, ERRORS OR DATABASE LIBRARIES OMISSIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, DURING THE EVALUATION TERM THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY. STARTEX WILL NOT BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL RESPONSIBLE FOR ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 CUSTOMER DATA (OR DAMAGE ANY DATA RELATED THERETO). THE FOREGOING DISCLAIMERS WILL APPLY TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Disclaimer. EXCEPT ALL INFORMATION, MATERIALS AND TECHNOLOGY, INCLUDING BUT NOT LIMITED TO HDCP, THE HDCP SPECIFICATION, DEVICE KEYS, DEVICE KEY SETS, KSVS AND SYSTEM RENEWABILITY MESSAGES, ARE PROVIDED “AS SET FORTH IN SECTION 5.1IS.” LICENSOR, LICENSOR MAKES FOUNDER, KEY GENERATOR AND LICENSEE RECEIVES THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY, STATUTORY OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIESOTHERWISE, AND LICENSOR SPECIFICALLY DISCLAIMS ANY EXPRESSLY DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION THAT MIGHT ARISE FROM ANY ACTIVITIES OR ACCURACY INFORMATION DISCLOSURES RELATING TO THIS AGREEMENT, ANY OTHER AGREEMENT OR ANY OTHER ACTIVITY OF DATALICENSOR OR FOUNDER. THERE IS NO LICENSOR, FOUNDER, KEY GENERATOR AND THEIR RESPECTIVE AFFILIATES FURTHER DISCLAIM ANY WARRANTY THAT HDCP, DEVICE KEYS, DEVICE KEY SETS, KSVS, SYSTEM RENEWABILITY MESSAGES, THE LICENSED PRODUCT HDCP SPECIFICATION, OR DATABASE LIBRARIES ANY IMPLEMENTATION OF THE HDCP SPECIFICATION, IN EACH CASE IN WHOLE OR IN PART, WILL BE ERRORFREE FROM INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, LICENSOR, FOUNDER, KEY GENERATOR AND THEIR RESPECTIVE AFFILIATES DO NOT REPRESENT OR WARRANT THAT HDCP IS IMMUNE TO HACKING, CODE-FREEBREAKING, PIRACY OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER OTHER EFFORTS 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESCIRCUMVENT HDCP.

Disclaimer. EXCEPT AS SET FORTH 11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN SECTION 5.1NO EVENT WILL JETBRAINS (OR ITS AFFILIATES, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIESAGENTS, EXPRESS, IMPLIED, STATUTORYDIRECTORS, OR EMPLOYEES), OR JETBRAINS’ LICENSORS, SUPPLIERS, OR RESELLERS BE LIABLE TO YOU OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF YOUR ACCESS TO JETBRAINS PLUGIN MARKETPLACE SERVICE IN ACCORDANCE WITH THIS AGREE- MENT; (C) ANY LOSS OR DAMAGE ASSOCIATED WITH THE USE OF DEVELOPER PLUGINS; OR (D) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RE- SULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLI- GENCE OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER PROVISION CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO JETBRAINS PLUGIN MARKETPLACE SERVICE. THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE PRODUCT OR FULLEST EXTENT PERMITTED BY LAW IN THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATAAPPLICABLE JURISDICTION. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR JETBRAINS DOES NOT UNDERTAKE AND WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY RELATED TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, (i) YOUR COMPLIANCE OR LOSSESNON-COMPLIANCE WITH THE DEVELOPER XXXX OR (ii) TO YOUR USE OF PLUGINS.

Disclaimer. EXCEPT AS THE WARRANTIES SET FORTH IN THIS SECTION 5.1, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR 9 ABOVE ARE PROVIDED IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIESLIEU OF, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND EACH PARTY HEREBY DISCLAIMS, ALL OTHER WARRANTIES, INCLUDINGEXPRESS AND IMPLIED, WITHOUT LIMITATIONRELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, ANY WARRANTY CAPTISOL, THE LICENSED PATENTS OR THE CAPTISOL DATA PACKAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE 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 ACCURACY ANY CUSTOMER OF DATACOMPANY, ITS AFFILIATES OR SUBLICENSEES. THERE IS NO WARRANTY COMPANY, ITS AFFILIATES AND SUBLICENSEES SHALL BE SOLELY RESPONSIBLE FOR ALL REPRESENTATIONS AND WARRANTIES THAT THE LICENSED PRODUCT COMPANY, ITS AFFILIATES OR DATABASE LIBRARIES WILL BE ERROR-FREESUBLICENSEES MAKE TO ANY CUSTOMER OF COMPANY, ITS AFFILIATES OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESSUBLICENSEES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.16.1 AND 6.2 ABOVE, LICENSOR COILED MAKES AND LICENSEE RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYOR STATUTORY REGARDING OR RELATING TO THE SERVICES, OR IN ANY OTHER PROVISION OF SUPPORT AND MAINTENANCE, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE AGREEMENT DOCUMENTATION OR ANY OTHER COMMUNICATIONMATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. COILED DOES NOT WARRANT THAT THE SERVICES, REGARDING SUPPORT AND MAINTENANCE, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE PRODUCT DOCUMENTATION OR ANY MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR THAT THEY WILL BE FREE FROM DEFECTS OR THAT THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY PRODUCTS ARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. COILED HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SERVICES, SUPPORT AND MAINTENANCE, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMENTATION OR ACCURACY OF DATA. THERE IS NO WARRANTY ANY MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EXCEPT TO THE EXTENT THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL THESE DISCLAIMERS ARE HELD TO BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESLEGALLY INVALID.

Disclaimer. EXCEPT AS FOR THE PRODUCT WARRANTY EXPRESSLY PROVIDED UNDER SECTION 5.11(a), UCB HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN OR ORAL OR EXPRESSED OR IMPLIED, WITH RESPECT TO PRODUCT SUPPLIED IN CONNECTION WITH SECTION 5.11, INCLUDING ANY REPRESENTATION OR WARRANTY OF QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OR THAT THE USE OF ANY PRODUCT FOR PURPOSES OTHER THAN THOSE SPECIFIED IN THIS AGREEMENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. DERMIRA ACKNOWLEDGES AND AGREES THAT THE PRODUCT HAS NOT BEEN APPROVED BY ANY REGULATORY AUTHORITY FOR THE USES SET FORTH IN THE PHASE 3 PROTOCOL OR A POST-APPROVAL STUDY PROTOCOL IN THE DEVELOPMENT INDICATION (OTHER THAN FOR INVESTIGATIONAL USE IN ACCORDANCE THEREWITH) AND THAT A PHASE 3 STUDY AND ANY POST-APPROVAL STUDY IN THE DEVELOPMENT INDICATION IS BEING CONDUCTED, INTER ALIA, TO DETERMINE WHETHER THE PRODUCT IS SAFE AND EFFICACIOUS FOR SUCH USE. NOTHING CONTAINED IN THIS SECTION 5.11(d) ALTERS UCB’S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 5.1, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION 16.2 OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESAGREEMENT.

Disclaimer. EXCEPT AS SET FORTH FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION 5.16, LICENSOR ONSOLVE MAKES AND LICENSEE RECEIVES NO WARRANTIESREPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSEXPRESS OR IMPLIED (IN FACT OR BY OPERATION OF LAW), IMPLIED, OR STATUTORY, AS TO ANY MATTER WHATSOEVER INCLUDING THAT THE SERVICES OR IN ANY OTHER PROVISION THE DOCUMENTATION ARE ERROR-FREE OR THAT OPERATION OR USE OF THE AGREEMENT SERVICES WILL BE SECURE OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY UNINTERRUPTED. ONSOLVE EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATAPURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL SUBSCRIPTION SERVICES MAY BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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, OMISSIONSLIMITATIONS, DELAYS, AND LOSSESOTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ONSOLVE IS NOT RESPONSIBLE FOR ANY DELAYS, INCLUDING INADVERTENT INTERRUPTION DELIVERY FAILURES OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, OTHER DAMAGES RESULTING FROM SUCH PROBLEMS AND LICENSOR DOES SHALL NOT UNDERTAKE HAVE ANY LIABILITY FOR PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE ARISING FROM FAILURE OF THE SUBSCRIPTION SERVICES TO LICENSEE FOR DELIVER AN ELECTRONIC COMMUNICATION, HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY, EVEN IF ONSOLVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, DAMAGE OR LOSSESA REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.1, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIESOTHERWISE SPECIFICALLY PROVIDED HEREIN, AND LICENSOR SPECIFICALLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONBOARD EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO ONBOARD AND THE SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ACCURACY STATEMENTS REGARDING CAPACITY OR SUITABILITY OR PERFORMANCE OF DATAONBOARD AND THE SERVICES. THERE IS ARE NO WARRANTY WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PASSAGEWAYS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES YOUR USE OF ONBOARD WILL BE UNINTERRUPTED OR ERROR-FREEFREE OR BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU AGREE THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS PASSAGEWAYS SHALL HAVE 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESYOU RELATING THERETO.

Disclaimer. EXCEPT AS SET FORTH FOR THE SPECIFIC REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN SECTION 5.1ARTICLE III AND ARTICLE IV OF THIS AGREEMENT, LICENSOR MAKES THE DOCUMENTS DELIVERED BY SELLER AT CLOSING, OR SELLER’S CERTIFICATE, THE BUYER PARTIES HEREBY REPRESENT, WARRANT AND LICENSEE RECEIVES NO WARRANTIESAGREE THAT NEITHER THE COMPANY OR SELLER, NOR ANY OF THEIR AGENTS IS MAKING, SELLER DISCLAIMS AND THE BUYER PARTIES ARE NOT RELYING UPON ANY STATEMENT, REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR IMPLIED, AT LAW OR IN ANY OTHER PROVISION EQUITY, IN RESPECT OF (I) THE COMPANY, (II) TITLE OF THE AGREEMENT COMPANY IN AND TO THE PROPERTIES, (III) THE CONDITION OF THE PROPERTIES, (IV) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY OF THE PROPERTIES, ANY OTHER COMMUNICATIONIMPLIED OR EXPRESS WARRANTY OF THE FITNESS OF THE PROPERTIES FOR A PARTICULAR PURPOSE, REGARDING THE PRODUCT (V) ANY IMPLIED OR THE DATABASE LIBRARIESEXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, AND LICENSOR SPECIFICALLY DISCLAIMS (VI) ANY AND ALL OTHER WARRANTIESIMPLIED WARRANTIES EXISTING UNDER APPLICABLE LAW NOW OR HEREAFTER IN EFFECT, INCLUDINGOR (VII) ANY IMPLIED OR EXPRESS WARRANTY REGARDING COMPLIANCE WITH ANY APPLICABLE ENVIRONMENTAL LAWS, THE RELEASE OF MATERIALS INTO THE ENVIRONMENT, OR PROTECTION OF THE ENVIRONMENT OR HEALTH. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THIS SECTION 5.1 WILL LIMIT, RESTRICT OR OTHERWISE AFFECT BUYER’S RIGHT TO RAISE ENVIRONMENTAL DEFECTS UNDER SECTION 8.7 OR SELLER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 13.2 WITH RESPECT TO THE SPECIFIC REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN ARTICLE III AND ARTICLE IV OF THIS AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE III AND ARTICLE IV OF THIS AGREEMENT, THE DOCUMENTS DELIVERED BY SELLER AT CLOSING, OR SELLER’S CERTIFICATE, IN PURCHASING THE INTERESTS BUYER ACCEPTS THE PROPERTIES “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS” AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR, SUBJECT ONLY TO THE SPECIFIC REPRESENTATIONS AND WARRANTIES SET FORTH IN ARTICLE III AND ARTICLE IV OF THIS AGREEMENT, EACH AS FURTHER LIMITED BY THE SPECIFICALLY BARGAINED FOR LIMITATIONS ON REMEDIES SET FORTH IN THIS AGREEMENT. WITHOUT LIMITATIONLIMITING THE GENERALITY OF THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE III AND ARTICLE IV OF THIS AGREEMENT, THE DOCUMENTS DELIVERED BY SELLER AT CLOSING, OR SELLER’S CERTIFICATE, NEITHER SELLER, THE COMPANY NOR THEIR AGENTS MAKES ANY REPRESENTATION OR WARRANTY AS TO, SELLER DISCLAIMS, AND THE BUYER PARTIES ARE NOT RELYING UPON (A) THE PHYSICAL, OPERATING, REGULATORY COMPLIANCE, SAFETY, OR ENVIRONMENTAL CONDITION OF MERCHANTABILITYTHE PROPERTIES, FITNESS (B) THE CONDITION OF THE PROPERTIES OR ANY VALUE THEREOF, OR (C) THE ACCURACY, COMPLETENESS, OR MATERIALITY OF ANY DATA, INFORMATION, OR RECORDS FURNISHED OR MADE AVAILABLE TO THE BUYER PARTIES IN CONNECTION WITH THEIR REVIEW OF THE COMPANY OR THE PROPERTIES OR OTHERWISE IN CONNECTION WITH THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, AND THE BUYER PARTIES SPECIFICALLY REPRESENT AND WARRANT THAT THEY ARE NOT RELYING UPON OR HAVE NOT RELIED UPON ANY SUCH REPRESENTATIONS AND WARRANTIES OF SELLER, THE COMPANY OR THEIR AGENTS EXCEPT FOR A PARTICULAR PURPOSE OR ACCURACY THE SPECIFIC REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN ARTICLE III AND ARTICLE IV OF DATATHIS AGREEMENT. THERE IS NO WARRANTY THE PROVISIONS OF THIS SECTION 5.1, TOGETHER WITH THE LIMITED REMEDIES SET FORTH IN PROVIDED HEREIN, WERE SPECIFICALLY BARGAINED FOR BETWEEN PARENT, BUYER, THE COMPANY AND SELLER AND WERE TAKEN INTO ACCOUNT BY PARENT, BUYER, THE COMPANY AND SELLER IN ARRIVING AT THE PURCHASE PRICE. THE BUYER PARTIES ACKNOWLEDGE AND AGREE TO THE FOREGOING AND AGREE, REPRESENT AND WARRANT THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL FOREGOING DISCLAIMER IS “CONSPICUOUS” AND THE RESULT OF ARM’S-LENGTH NEGOTIATION, THAT THE BUYER PARTIES ARE SOPHISTICATED AND KNOWLEDGEABLE ABOUT BUSINESS MATTERS AND WERE REPRESENTED BY COUNSEL, THAT THIS DISCLAIMER IS NOT BOILERPLATE AND THAT THIS DISCLAIMER IS TO BE ERROR-FREEA CLEAR, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY UNEQUIVOCAL AND EFFECTIVE DISCLAIMER OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESRELIANCE UNDER TEXAS LAW.

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.1, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION (a) ANGIOTECH DOES NOT WARRANT THE VALIDITY OF THE AGREEMENT LICENSED PATENTS AND MAKES NO REPRESENTATIONS WHATSOEVER WITH REGARD TO THE SCOPE OF THE LICENSED TECHNOLOGY OR ANY OTHER COMMUNICATION, REGARDING THAT THE PRODUCT OR LICENSED TECHNOLOGY MAY BE EXPLOITED BY HISTOGENICS AND ITS AFFILIATES AND PERMITTED SUBLICENSEES WITHOUT INFRINGING THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY INTELLECTUAL PROPERTY RIGHTS OF OTHERS. ANGIOTECH EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED OR EXPRESS WARRANTIES AND MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE OF THE LICENSED TECHNOLOGY. IN NO EVENT SHALL A PARTY BE LIABLE TO THE OTHER FOR INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR ACCURACY EXEMPLARY DAMAGES OF DATA. THERE IS NO WARRANTY ANY KIND, INCLUDING LOSS OF PROFITS AND LOSS OR INTERRUPTION OF BUSINESS, PROVIDED HOWEVER THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL FOREGOING PROVISION SHALL NOT BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY CONSTRUED TO LIMIT A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7.3 OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE THIS AGREEMENT 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, THIRD PARTY CLAIMS WHICH MAY GIVE RISE TO LOSS OR DAMAGEINCLUDE INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSES.OTHER TYPES OF DAMAGES. CONFIDENTIAL TREATMENT REQUESTED

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.1TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR MAKES THE CITY STATES ON BEHALF OF ITSELF AND LICENSEE RECEIVES NO THE CITY REPRESENTATIVES THAT IT DOES NOT MAKE, AND IT EXPRESSLY EXCLUDES AND DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR ASSURANCES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORYEITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIESOTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE USE, NONINFRINGEMENT, AND PERFORMANCE OR ACCURACY INTEROPERABILITY OF DATATHE SERVICES OR THE FACILITIES WITH ANY USER EQUIPMENT. THERE IS NO WARRANTY IS MADE OR PASSED ON WITH RESPECT TO ANY SERVICES OR FACILITIES PROVIDED BY OR FURNISHED BY ANY THIRD PARTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CITY DOES NOT WARRANT THAT THE LICENSED PRODUCT FACILITIES AND/OR DATABASE LIBRARIES SERVICES PROVIDED TO USER HEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE FACILITIES AND/OR SERVICES WILL MEET USER’S REQUIREMENTS, OR THAT THEY THE FACILITIES AND/OR SERVICES WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDSPREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES ALL FACILITIES AND SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” UNLESS CAUSED OTHERWISE SPECIFIED IN WRITING 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESTHE CITY.

Disclaimer. EXCEPT AS SET FORTH OTHER THAN THE REPRESENTATIONS AND WARRANTIES CONTAINED IN SECTION 5.1, LICENSOR MAKES 9.1 THE GOOGLE APPLICATIONS AND LICENSEE RECEIVES NO THE ANDROID PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND AND GOOGLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYSTATUTORY OR OTHERWISE, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY WARRANTY LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATAAND NONINFRINGEMENT. THERE IS NO WARRANTY GOOGLE DOES NOT WARRANT THAT THE LICENSED PRODUCT APPLICATIONS AND/OR DATABASE LIBRARIES ANY OTHER GOOGLE PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL MEET ALL OF COMPANY’S REQUIREMENTS OR THAT PERFORMANCE OF SUCH SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE, SECURE OR ERROR-FREE. OTHER THAN THE REPRESENTATIONS AND WARRANTIES CONTAINED IN SECTION 9.1, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL COMPANY MAKES NO WARRANTY OF ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER KIND 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 GOOGLE WITH RESPECT TO A POSSIBILITY OF HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYSTHE DEVICES, AND LOSSESEXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING INADVERTENT INTERRUPTION OR LOSS WITHOUT LIMITATION WARRANTIES OF DATA OR DAMAGE TO MEDIAMERCHANTABILITY, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, FITNESS FOR A PARTICULAR PURPOSE AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESNONINFRINGEMENT.

Disclaimer. EXCEPT AS SET FORTH EXPRESSLY REPRESENTED OR WARRANTED IN SECTION 5.17, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF TO THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY MAXIMUM EXTENT PERMITTED BY APPLICABLE PROVIDER DISCLAIMS ANY AND ALL OTHER PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR ACCURACY OF DATADATA ACCURACY. THERE IS NO WARRANTY PROVIDER DOES NOT WARRANT THAT THE LICENSED PRODUCT APPLICATION SERVICES OR DATABASE LIBRARIES ANY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THEY ALL ERRORS WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDSBE CORRECTED. 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, OMISSIONSLIMITATIONS, DELAYS, AND LOSSESOTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PROVIDER IS NOT RESPONSIBLE FOR ANY DELAYS, INCLUDING INADVERTENT INTERRUPTION DELIVERY FAILURES, OR LOSS OF DATA OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. NEITHER PROVIDER, NOR ITS THIRD-PARTY HOSTING SERVICE OR DAMAGE TO MEDIASOFTWARE PROVIDERS, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE SHALL HAVE ANY LIABILITY TO LICENSEE WHATSOEVER FOR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CLIENT DATA, OR FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, DECISION MADE OR LOSSESACTION TAKEN BY CLIENT IN RELIANCE UPON ANY CLIENT DATA.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.110.3, LICENSOR MAKES DISCLAIMS ALL REPRESENTATIONS AND LICENSEE RECEIVES NO WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, STATUTORY, OR IN OTHERWISE, CONCERNING THE VALIDITY, ENFORCEABILITY, AND SCOPE OF THE LICENSED PATENTS, THE ACCURACY, COMPLETENESS, SAFETY, USEFULNESS FOR ANY PURPOSE, OR LIKELIHOOD OF SUCCESS (COMMERCIAL, REGULATORY OR OTHER) OF THE LICENSED PRODUCTS, LICENSED KNOW-HOW, AND ANY OTHER PROVISION OF THE AGREEMENT TECHNICAL INFORMATION, TECHNIQUES, MATERIALS, METHODS, PRODUCTS, PROCESSES, OR PRACTICES AT ANY OTHER COMMUNICATIONTIME MADE AVAILABLE BY LICENSOR, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND INCLUDING ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEDEALING, COURSE OF PERFORMANCE, USAGE, OR THAT THEY TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LICENSOR WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS HAVE NO LIABILITY WHATSOEVER TO LICENSEE OR ANY OTHER PERSON FOR ERRORSOR ON ACCOUNT OF ANY INJURY, OMISSIONSLOSS, 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE OF ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORSKIND OR NATURE, OMISSIONS, INTERRUPTIONS, DELAYSSUSTAINED BY, OR LOSSESANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED ON LICENSEE OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (A) THE MANUFACTURE, USE, OFFER FOR SALE, SALE, OR IMPORT OF A LICENSED PRODUCT, OR THE PRACTICE OF THE LICENSED PATENTS; (B) THE USE OF OR ANY ERRORS OF OMISSIONS IN ANY KNOW-HOW, TECHNICAL INFORMATION, TECHNIQUES, OR PRACTICES DISCLOSED BY LICENSOR; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES CONCERNING ANY OF THE FOREGOING.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.16.1 AND 6.2 ABOVE, LICENSOR TASKTOP MAKES AND LICENSEE RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYOR STATUTORY REGARDING OR RELATING TO THE SERVICES, OR IN ANY OTHER PROVISION OF SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE AGREEMENT DOCUMENTATION OR ANY OTHER COMMUNICATIONMATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. TASKTOP DOES NOT WARRANT THAT THE SERVICES, REGARDING SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE PRODUCT DOCUMENTATION OR ANY MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR THAT THEY WILL BE FREE FROM DEFECTS OR THAT THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY PRODUCTS ARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. TASKTOP HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMENTATION OR ACCURACY OF DATA. THERE IS NO WARRANTY ANY MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EXCEPT TO THE EXTENT THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL THESE DISCLAIMERS ARE HELD TO BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESLEGALLY INVALID.

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.1WITHOUT LIMITING MPARTICLE’S EXPRESS WARRANTIES AND OBLIGATIONS HEREUNDER, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF (A) THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIESMPARTICLE PLATFORM IS PROVIDED ON AN “AS-IS” BASIS, AND LICENSOR SPECIFICALLY MPARTICLE HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT; AND (B) CUSTOMER ASSUMES SOLE RESPONSIBILITY FOR RESULTS OBTAINED FROM THE RECEIPT AND USE OF, AND FOR CONCLUSIONS OR INFERENCES DRAWN FROM SUCH USE OF, THE MPARTICLE PLATFORM. FOR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES CLARITY, MPARTICLE WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS HAVE NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, IN CONNECTION WITH ANY SENSITIVE DATA INGESTED INTO THE MPARTICLE PLATFORM OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCTANY SECURITY INCIDENT RELATED THERETO. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR MPARTICLE DOES NOT UNDERTAKE WARRANT THAT THE MPARTICLE PLATFORM IS ERROR-FREE OR THAT OPERATION THEREOF WILL BE SECURE OR UNINTERRUPTED. NEITHER PARTY WILL HAVE THE RIGHT TO MAKE OR PASS ON ANY LIABILITY REPRESENTATION OR WARRANTY ON BEHALF OF THE OTHER PARTY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESTHIRD PARTY.

Disclaimer. EXCEPT CUSTOMER UNDERSTANDS AND AGREES THAT BANK’S SOLE LIABILITY WITH RESPECT TO SERVICES PROVIDED HEREUNDER SHALL BE AS SET FORTH HEREIN. IN SECTION 5.1THE EVENT THAT BANK FAILS TO PERFORM SERVICES PROPERLY, LICENSOR MAKES CUSTOMER’S SOLE AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF EXCLUSIVE REMEDY AND BANK’S SOLE OBLIGATION SHALL BE FOR BANK TO REPERFORM THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY SERVICES AT ITS OWN EXPENSE. BANK DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL IN RESPECT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. SERVICES ARE NOT WARRANTED TO BE FREE FROM ERROR OR ACCURACY INTERRUPTION. BANK SHALL HAVE NO LIABILITY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, TO CUSTOMER ARISING OUT OF DATAOR RELATED TO THIS AGREEMENT OR BANK’S SERVICES. THERE IS IN NO WARRANTY THAT THE LICENSED PRODUCT EVENT WILL BANK BE LIABLE TO CUSTOMER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR DATABASE LIBRARIES WILL BE ERROR-FREEEXEMPLARY DAMAGES, REGARDLESS OF WHETHER BANK WAS INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER ANY LIMITED REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER’S REMEDIES HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES IN LAW OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESEQUITY.

Disclaimer. EXCEPT AS SET FORTH FOR THE WARRANTY LISTED IN SECTION 5.111.1 (“WARRANTY”), LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIESTHE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ACCURACY WARRANTIES BASED ON COURSE OF DATADEALING OR USAGE IN TRADE. THERE IS NO WARRANTY CORELOGIC DOES NOT REPRESENT OR WARRANT THAT THE LICENSED PRODUCT SERVICES ARE COMPLETE OR DATABASE LIBRARIES FREE FROM ERROR OR WILL BE ERROR-FREEAVAILABLE 24 HOURS PER DAY, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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, DELAYSSEVEN DAYS PER WEEK, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGEDOES NOT ASSUME, AND LICENSOR DOES NOT UNDERTAKE EXPRESSLY DISCLAIMS, ANY LIABILITY TO LICENSEE ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICES. CORELOGIC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYSGEOGRAPHIC AREA. CUSTOMER SHALL NOT CONSTRUE THE SERVICES AS A REPRESENTATION BY CORELOGIC AS TO THE CONDITION OF TITLE TO REAL PROPERTY. CUSTOMER ACKNOWLEDGES THAT THE SERVICES MAY NOT INCLUDE ALL RECORDED CONVEYANCES, OR LOSSESDOCUMENTS WHICH IMPART CONSTRUCTIVE NOTICE WITH RESPECT TO ANY CHAIN OF TITLE DESCRIBED IN THE SERVICES.

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.1, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIESENERGY COOPERATIVE, AND LICENSOR SPECIFICALLY DISCLAIMS ITS ENDORSER(S) AND SERVICING CONTRACTOR (TASB), DO NOT WARRANT THAT THE OPERATION OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER THE ENERGY COOPERATIVE NOR ITS ENDORSER(S) OR SERVICING CONTRACTOR CAN CONTROL THE DELIVERY OF ENERGY SERVICES, INCLUDING WITHOUT LIMITATION THE DELIVERY OR FLOW OF ELECTRICITY OR FUEL, AND NEITHER SHALL HAVE ANY LIABILITY FOR ANY DAMAGES OR CONSEQUENCES THAT MAY OCCUR IF ENERGY SERVICES ARE INTERRUPTED OR NOT TIMELY DELIVERED FOR ANY REASON. THE ENERGY COOPERATIVE AND ITS ENDORSER(S) AND SERVICING CONTRACTOR HEREBY DISCLAIM ANY AND ALL OTHER WARRANTIES, INCLUDINGEXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATAPURPOSE. THERE IS NO WARRANTY THE PARTIES AGREE AND ACKNOWLEDGE THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDSCUSTOMER PROTECTION RULES ADOPTED BY THE TEXAS PUBLIC UTILITY COMMISSION (AS CONTAINED IN PUC SUBSTANTIVE RULES 25.471 ET. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER SEQ.) DO NOT APPLY TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES UNLESS CAUSED THIS AGREEMENT AND THE ENERGY COOPERATIVE MEMBER WAIVES SUCH CUSTOMER PROTECTION RULES TO THE FULLEST EXTENT PERMITTED 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESLAW.

Disclaimer. EXCEPT AS FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 5.1THIS Article 5, LICENSOR NEITHER VERTEX NOR XXXXX MAKES AND LICENSEE RECEIVES NO WARRANTIESANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, EXPRESS OR IMPLIED, STATUTORYWITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, OR IN INCLUDING WITHOUT LIMITATION ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEPURPOSE, OR THAT THEY WILL OPERATE NONINFRINGEMENT, EACH OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT INTERRUPTION LIMITING THE FOREGOING, EXCEPT FOR THE EXPRESS WARRANTY IN SECTION 5.3, VERTEX MAKES NO WARRANTIES OR WILL FULFILL REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE PATENTABILITY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSTHE ASSIGNED COMPOUNDS, OMISSIONS, DELAYS, INTERRUPTIONSADDITIONAL COMPOUNDS, OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED AND AGREED THAT DATA ENTRYPRODUCTS OR VALIDITY, COMMUNICATION AND STORAGE ARE SUBJECT TO A POSSIBILITY SCOPE, OR ENFORCEABILITY OF HUMAN AND MACHINE ERRORSTHE ASSIGNED PATENTS OR ANY CLAIMS THEREIN, OMISSIONS, DELAYS, AND LOSSESOR THE PRACTICE, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF DATA OR DAMAGE BUT NOT LIMITED TO MEDIAFREEDOM TO OPERATE, WHICH MAY GIVE RISE TO LOSS OR DAMAGEREGARDING ANY ASSIGNED COMPOUND, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYSADDITIONAL COMPOUND, OR LOSSESPRODUCT. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.3, ALL RIGHTS GRANTED TO XXXXX HEREUNDER ARE PROVIDED ON AN AS-IS BASIS.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.19.1 AND SECTION 9.2, LICENSOR THE SERVICES, THEIR COMPONENTS, ANY DOCUMENTATION, THE HARDWARE, THE SHIFT5 REPORTS, THE ENRICHED DATA, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND SHIFT5 MAKES NO WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR ANY PURCHASE ORDER AND LICENSEE RECEIVES NO WARRANTIES, HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AVAILABILITY, ERROR-FREE OR ACCURACY UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DATADEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THERE IS NO TO THE EXTENT THAT SHIFT5 MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDSTHE MINIMUM PERMITTED UNDER SUCH LAW. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE SHIFT5 SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES UNLESS FAILURES CAUSED BY LICENSORTHIRD PARTY OR CUSTOMER’S HARDWARE AND SOFTWARE, MISUSE OR CUSTOMER NEGLIGENCE OR 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSES.

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.110.1, LICENSOR NEITHER PARTY MAKES AND LICENSEE RECEIVES NO WARRANTIESANY WARRANTIES OR REPRESENTATIONS CONCERNING ANY LICENSED TECHNOLOGY, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT PRODUCTS OR ANY OTHER COMMUNICATIONMATTER WHATSOEVER, REGARDING THE PRODUCT INCLUDING WITHOUT LIMITATION ANY EXPRESS OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ACCURACY, OR ACCURACY ARISING OUT OF DATACOURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND EACH PARTY DISCLAIMS ALL SUCH EXPRESS, IMPLIED OR STATUTORY WARRANTIES. THERE 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 RIGHTS, OR THAT NO THIRD PARTY IS IN ANY WAY INFRINGING UPON OR MAY INFRINGE UPON ANY LICENSED TECHNOLOGY COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION OR WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF TECHNOLOGY IS SUITABLE FOR LICENSEE’S PARTICULAR PURPOSES PURPOSES. LICENSEE MAKES NO REPRESENTATION OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER WARRANTY REGARDING THE SUCCESS OF EFFORTS TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED DEVELOP 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESCOMMERCIALIZE PRODUCTS.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1THIS AGREEMENT OR AN ADDENDUM, LICENSOR MAKES ABSOLUTE DISCLAIMS ALL REPRESENTATIONS AND LICENSEE RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS INCLUDING ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, NON-INFRINGEMENT, LOSS OF DATA, ACCURACY OF DATARESULTS, OR OTHERWISE ARISING FROM A COURSE OF DEALING OR RELIANCE. THERE IS NO WARRANTY ABSOLUTE DOES NOT REPRESENT OR WARRANT THAT THE LICENSED ANY PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEFREE 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 THEY ITS SECURITY MEASURES WILL OPERATE WITHOUT INTERRUPTION BE SUFFICIENT TO PREVENT THIRD-PARTY ACCESS TO CUSTOMER DATA OR WILL FULFILL CUSTOMER’S DEVICES. ABSOLUTE SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE THIRD-PARTY PRODUCTS PROVIDED WITH THE PRODUCTS AND FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONSTHE AVAILABILITY OF, OR LOSSES UNLESS CAUSED BY LICENSORCUSTOMER’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED AND AGREED THAT DATA ENTRYUSE OF, COMMUNICATION AND STORAGE ARE SUBJECT TO A POSSIBILITY OF HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF ANY DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS INFORMATION STORED ON OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESIN CONNECTION WITH THE PRODUCTS.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 5.19, LICENSOR MAKES DISCLAIMS ALL REPRESENTATIONS AND LICENSEE RECEIVES NO WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN OTHERWISE, CONCERNING THE LICENSED TRADE SECRETS AND THE TECHNOLOGY, INCLUDING AS TO THE ACCURACY, COMPLETENESS, OR USEFULNESS FOR ANY OTHER PROVISION PURPOSE OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, LICENSED TRADE SECRETS AND GOLQ TECHNOLOGY. LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR ACCURACY TRADE PRACTICE. GOLQ DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE GOLQ TECHNOLOGY, INCLUDING WITHOUT LIMITATION, THE SALE OF DATALICENSED PRODUCTS OR OTHER, USE, ACTIVITIES OR OTHER EXPLOITATION OF THE LICENSED PRODUCTS OR DELIVERABLES, THAT IT WILL NOT INFRINGE OR MISAPPROPRIATE ANY PATENT OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. THERE IS NO ANY WARRANTY THAT THE MADE BY RCRT TO ITS CUSTOMERS, USERS OF ANY LICENSED PRODUCT OR DATABASE LIBRARIES WILL ANY OTHER THIRD PARTY ARE MADE BY RCRT ALONE AND SHALL NOT BIND GOLQ OR BE ERROR-FREE, DEEMED OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES UNLESS CAUSED TREATED AS HAVING BEEN MADE 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESGOLQ.

Disclaimer. EXCEPT AS THE LIMITED WARRANTY SET FORTH IN SECTION 5.17.1 IS MADE FOR THE BENEFIT OF CUSTOMER ONLY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7.1 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR THE SERVICES (INCLUDING THE APPLICATION AND DOCUMENTATION) ARE PROVIDED “AS IS,” AND RAINDROP MAKES NO (AND LICENSEE RECEIVES NO HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR ACCURACY INABILITY TO USE THE APPLICATION, DOCUMENTATION, OR SERVICES (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO CUSTOMER BY RAINDROP. RAINDROP DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT APPLICATION SHALL BE UNINTERRUPTED OR DATABASE LIBRARIES WILL BE ERROR-FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY SO SOME OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER THE ABOVE LIMITATIONS MAY NOT APPLY 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESCUSTOMER.

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.1, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF 17.6.1 THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY TOYOTA SUPPLIER NETWORK AND ALL OTHER WARRANTIESMATERIALS, INCLUDING, WITHOUT LIMITATION, ANY ELECTRONIC FORMS AND SOFTWARE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TOYOTA, WITHOUT LIMITING THE FOREGOING, SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (i) WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A ANY PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT PURPOSE; AND (ii) WARRANTIES CONCERNING THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEAVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR THAT THEY OTHERWISE OF THE TOYOTA SUPPLIER NETWORK, ITS CONTENT, ANY ELECTRONIC FORMS OR MATERIALS. IN NO EVENT WILL OPERATE WITHOUT INTERRUPTION TOYOTA, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR WILL FULFILL ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF LICENSEE’S PARTICULAR PURPOSES BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSINFORMATION, OMISSIONS, DELAYS, INTERRUPTIONSAND THE LIKE), OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED AND AGREED THAT DATA ENTRYANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, COMMUNICATION AND STORAGE ARE SUBJECT USE, RELIANCE ON, OR INABILITY TO A USE THE TOYOTA SUPPLIER NETWORK, EVEN IF TOYOTA OR ITS REGISTERED AGENT HAVE BEEN ADVISED OF THE POSSIBILITY OF HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYSSUCH DAMAGES, AND LOSSESREGARDLESS OF THE FORM OF ACTION. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. Confidential Treatment Requested by Tesla Motors, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSES.Inc.

Disclaimer. EXCEPT AS THE LIMITED WARRANTY SET FORTH IN SECTION 5.18.1 IS MADE FOR THE BENEFIT OF SUBSCRIBER ONLY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR THE SERVICES (INCLUDING THE APPLICATION AND DOCUMENTATION) ARE PROVIDED “AS IS,” AND AIRWORKS MAKES NO (AND LICENSEE RECEIVES NO HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR ACCURACY INABILITY TO USE THE APPLICATION, DOCUMENTATION, OR SERVICES (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO SUBSCRIBER BY AIRWORKS. AIRWORKS DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT APPLICATION SHALL BE UNINTERRUPTED OR DATABASE LIBRARIES WILL BE ERROR-FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY SO SOME OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER THE ABOVE LIMITATIONS MAY NOT APPLY 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESSUBSCRIBER.

Disclaimer. EXCEPT AS FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 5.1THIS SECTION, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION THE SERVICES ARE PROVIDED ON AN AS-IS BASIS. CUSTOMER’S USE OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING SOFTWARE AND PURCHASE OF THE PRODUCT OR THE DATABASE LIBRARIESSERVICES ARE AT ITS OWN RISK. ATHELAS DOES NOT MAKE, AND LICENSOR SPECIFICALLY DISCLAIMS HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY, AND IMPLIED WARRANTIES, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NONINFRINGEMENT AND ACCURACY (OF DATA OR ACCURACY ANY OTHER INFORMATION OR CONTENT), AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ANY WARRANTIES MADE BY ATHELAS ARE FOR THE BENEFIT OF CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. 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 OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THE 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 REMAINS WITH THE CUSTOMER. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE EXCEPT AS EXPRESSLY PROVIDED HEREIN, ATHELAS DOES NOT GUARANTEE CONTINUOUS, ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONSVIRUS-FREE, OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED SECURE OPERATION AND AGREED THAT DATA ENTRY, COMMUNICATION AND STORAGE ARE SUBJECT ACCESS 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESTHE SOFTWARE.

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 SET FORTH IN SECTION 5.1THE PREVIOUS SENTENCE, LICENSOR THE PENN PATENT RIGHTS, LICENSED PRODUCTS AND ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. PENN MAKES AND LICENSEE RECEIVES NO REPRESENTATIONS OR WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, COMMERCIAL UTILITY, NON-INFRINGEMENT OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESTITLE.

Disclaimer. EXCEPT AS FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 5.1THIS SECTION, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION THE SERVICES ARE PROVIDED ON AN AS-IS BASIS. CUSTOMER’S USE OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING SOFTWARE AND PURCHASE OF THE PRODUCT OR THE DATABASE LIBRARIESSERVICES ARE AT ITS OWN RISK. ATHELAS DOES NOT MAKE, AND LICENSOR SPECIFICALLY DISCLAIMS HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY, AND IMPLIED WARRANTIES, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NONINFRINGEMENT AND ACCURACY (OF DATA OR ACCURACY ANY OTHER INFORMATION OR CONTENT), AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ANY WARRANTIES MADE BY ATHELAS ARE FOR THE BENEFIT OF CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. 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 OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THE 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 REMAINS WITH THE CUSTOMER. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDERS DO NOT GUARANTEE CONTINUOUS, ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONSVIRUS-FREE, OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED SECURE OPERATION AND AGREED THAT DATA ENTRY, COMMUNICATION AND STORAGE ARE SUBJECT ACCESS 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESTHE SOFTWARE.

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.1‌ THE LAWS OF CERTAIN JURISDICTIONS, LICENSOR MAKES AND LICENSEE RECEIVES NO INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE POWERSIDE SOLUTIONS IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE POWERSIDE SOLUTIONS WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIESCOLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ACCURACY ANY WARRANTIES OR CONDITIONS ARISING OUT OF DATA. THERE IS NO WARRANTY COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE LICENSED PRODUCT POWERSIDE SOLUTIONS IS OR DATABASE LIBRARIES WILL BE ERROR-FREE, FREE OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESINTERRUPTION.

Disclaimer. EXCEPT THE SYSTEM AND ALL SERVICES RENDERED IN CONNECTION WITH IT ARE PROVIDED "AS SET FORTH IN SECTION 5.1IS." WELLPOINT DISCLAIMS ALL WARRANTIES OF ANY KIND, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF RELATING TO THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY SYSTEM AND ALL OTHER WARRANTIESSERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, WELLPOINT EXPRESSLY DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM OR ACCURACY IN CONNECTION WITH (i) TRADING PARTNER'S (AND ITS CLIENT PROVIDERS', AS APPLICABLE) ACTIONS IN USING AND/OR OPERATING THE SYSTEM, (ii) TRADING PARTNER'S (AND ITS CLIENT PROVIDERS', AS APPLICABLE) UNAUTHORIZED ACCESS TO THE SYSTEM, AND (iii) TRADING PARTNER'S (AND ITS CLIENT PROVIDERS', AS APPLICABLE) BREACH OF ANY MATERIAL OBLIGATION CONTAINED IN THIS AGREEMENT. WELLPOINT SHALL NOT BE LIABLE FOR ANY DAMAGES FOR EXPENSES RESULTING FROM ERRONEOUS OR FAILED TRANSMISSIONS OR LOST DATA, INCLUDING, BUT NOT LIMTIED TO, LOST PROFIT. THERE IS EXCEPT FOR INDEMNIFICATION CLAIMS UNDER SECTION 9.1 ABOVE, IN NO WARRANTY THAT EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESDAMAGES.

Disclaimer. EXCEPT AS THE BANK’S REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES, AND YOUR RIGHTS AND REMEDIES, SET FORTH IN SECTION 5.1THIS SCHEDULE E TO THIS CMTS AGREEMENT ARE EXCLUSIVE. THE BANK AND ITS LICENSORS HEREBY DISCLAIM, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIESYOU HEREBY WAIVE AND RELEASE THE BANK, EXPRESSITS LICENSORS AND THEIR RESPECTIVE OWNERS, OFFICERS AND EMPLOYEES FROM ALL OTHER REPRESENTATIONS,WARRANTIES OF ANY NATURE, OBLIGATIONS AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, STATUTORYARISING BY LAW OR OTHERWISE, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS WITH RESPECT TO ANY AND ALL DOCUMENTS, THE OFFICE DEPOSIT SERVICE, INFORMATION, ASSISTANCE, SOFTWARE PRODUCTS, OR OTHER WARRANTIESMATTERS PROVIDED UNDER THIS SCHEDULE E TO THIS CMTS AGREEMENT, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, ,FITNESS FOR A PARTICULAR SPECIFIC USE, PURPOSE OR APPLICATION, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (2) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (3) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (5) ANY OTHER WARRANTY WITH RESPECT TO QUALITY,ACCURACY OR FREEDOM FROM ERROR. NOTWITHSTANDING THE GENERALITY OF DATA. THERE IS NO WARRANTY THE FOREGOING, NEITHER THE BANK NOR ITS LICENSORS WARRANT THAT OPERATION OF THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, FREE OR THAT THEY ITS OPERATION WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDSBE UNINTERRUPTED. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSES.Cash Management and Treasury Services Agreement (“CMTSA”)

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.1OTHERWISE EXPRESSLY PROVIDED HEREIN, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIESOPENSITE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE AUCTION SITE, THE SOFTWARE OR ANY SERVICES PROVIDED BY OPENSITE UNDER THIS AGREEMENT. OPENSITE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, MERCHANTABILITY AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE REGARDING THE AUCTION SITE, THE SOFTWARE AND ANY SERVICES PERFORMED BY OPENSITE UNDER THIS AGREEMENT. OPENSITE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING: (I) THE SUCCESS OF ANY AUCTION REQUESTED BY THE CLIENT AND HOSTED BY OPENSITE; (II) THE ACCURACY OR COMPLETENESS OF DATATHE CLIENT CONTENT; (III) THE SECURITY OF THE AUCTION SITE; OR (IV) THE QUALITY OR CONTINUITY OF THIRD PARTY TELECOMMUNICATIONS OR INFORMATION SYSTEMS OR SERVICES. THERE THE CLIENT HEREBY ACKNOWLEDGES AND AGREES THAT THE INTERNET IS NO NOT CONTROLLED, OPERATED, OR OWNED BY A SINGLE ENTITY, AND AS A RESULT, OPENSITE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY CLIENT CUSTOMER SHALL BE ABLE TO ACCESS THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL AUCTION SITE AT ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESTIME.

Disclaimer. THE LICENSED MATERIALS AND ANY SERVICES ARE PROVIDED “AS IS,” AND EXCEPT AS SET FORTH FOR THE EXPRESS WARRANTIES PROVIDED IN SECTION 5.18.1, LICENSOR MAKES FORTIFY AND LICENSEE RECEIVES ITS SUPPLIERS MAKE NO WARRANTIESWARRANTY, EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR IN INCLUDING WITHOUT LIMITATION ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, AVAILABILITY, RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NONINFRINGEMENT, OR ACCURACY THOSE ARISING FROM COURSE OF DATAPERFORMANCE, DEALING, USAGE OR TRADE. THERE IS NO WARRANTY NEITHER FORTIFY NOR ANY OF ITS SUPPLIERS WARRANT THAT THE LICENSED PRODUCT MATERIALS OR DATABASE LIBRARIES SERVICES WILL MEET LICENSEE’S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, OR THAT THEY ANY ERRORS WILL OPERATE WITHOUT INTERRUPTION OR BE CORRECTED. TO THE EXTENT THAT FORTIFY CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL FULFILL ANY OF BE THE MINIMUM PERMITTED UNDER SUCH LAW. LICENSEE ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN SECTION 8.1. LICENSEE’S PARTICULAR PURPOSES SOLE REMEDY FOR BREACH OF SUCH EXPRESS WARRANTIES SHALL BE AN ERROR CORRECTION OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESREFUND AS SET FORTH IN SECTION 8.1.

Disclaimer. Equifax makes no representations, warranties or guarantees, express or implied, other than those expressed in this Agreement. EXCEPT AS SET FORTH EXPRESSLY STATED IN SECTION 5.1THIS AGREEMENT, LICENSOR MAKES AND LICENSEE RECEIVES THERE ARE NO WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR IN ANY OTHER PROVISION OF FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE AGREEMENT EQUIFAX AUTOMATED CREDIT REPORTING SYSTEM, THE EQUIFAX CREDIT INFORMATION, THE EQUIFAX API OR ANY OTHER COMMUNICATIONMACHINERY, REGARDING EQUIPMENT, MATERIALS, PROGRAMMING AIDS OR OTHER ITEMS UTILIZED BY BROKER IN CONNECTION WITH OR RELATED TO, OR RESPECTING THE PRODUCT ACCURACY OF ANY EQUIFAX CREDIT INFORMATION FURNISHED BY EQUIFAX TO BROKER OR TO ANY CONSUMER SUBJECTS. EQUIFAX DOES NOT GUARANTEE OR WARRANT THE DATABASE LIBRARIESCORRECTNESS, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIESCOMPLETENESS, INCLUDINGCURRENTNESS, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CREDIT INFORMATION PROVIDED TO BROKER. NEITHER EQUIFAX, NOR ANY OF ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, LICENSORS OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES AFFILIATED COMPANIES WILL BE ERROR-FREELIABLE TO BROKER FOR ANY LOSS OR INJURY ARISING OUT OF, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION CAUSED IN WHOLE OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES IN PART BY, THEIR ACTS OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORS, OMISSIONS, DELAYSEVEN IF NEGLIGENT, INTERRUPTIONSIN PROCURING, COMPILING, COLLECTING, INTERPRETING, PROCESSING, REPORTING 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE TRANSMITTING ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESCREDIT INFORMATION.

Disclaimer. EXCEPT AS FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS SECTION 5.19, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY EACH PARTY DISCLAIMS ANY AND ALL OTHER WARRANTIESREPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED, INCLUDINGORAL OR WRITTEN) WITH RESPECT TO THIS TOS AND THE SENTINELONE SOLUTIONS, WITHOUT LIMITATIONWHETHER ALLEGED TO ARISE BY OPERATION OF LAW, ANY WARRANTY STATUTE, CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A ANY PARTICULAR PURPOSE (WHETHER OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREENOT SUCH PARTY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), ACCURACY, NON-INFRINGEMENT, CONDITION OF TITLE. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF ANY EXPRESS WARRANTY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. SENTINELONE DOES NOT GUARANTEE OR WARRANT THAT THEY IT WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSFIND, OMISSIONSLOCATE, DELAYS, INTERRUPTIONSDETECT, OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED AND AGREED THAT DATA ENTRYIDENTIFY ALL THREATS, COMMUNICATION AND STORAGE ARE SUBJECT TO A POSSIBILITY OF HUMAN AND MACHINE ERRORSVULNERABILITIES, OMISSIONS, DELAYSMALWARE, AND LOSSESMALICIOUS SOFTWARE, INCLUDING INADVERTENT INTERRUPTION RESTORE CONTROL OF SYSTEMS WHERE UNAUTHORIZED ACCESS OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGECONTROL HAS OCCURRED, AND LICENSOR DOES CUSTOMER AND ITS AFFILIATES WILL NOT UNDERTAKE HOLD SENTINELONE RESPONSIBLE FOR SUCH OR ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESCONSEQUENCES THEREOF.

Disclaimer. EXCEPT THE SOFTWARE AND ANY ANYLOGIC MATERIALS FURNISHED BY ANYLOGIC UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS SET FORTH IN SECTION 5.1IS” BASIS, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, WITHOUT ANY WARRANTIES OR REPRESENTATIONS EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, ; INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF MERCHANTABILITYQUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATAPURPOSE. THERE IS NO WARRANTY ANYLOGIC DOES NOT WARRANT THAT THE LICENSED PRODUCT SOFTWARE AND ANY ANYLOGIC MATERIALS WILL MEET LICENSEE’S NEEDS OR DATABASE LIBRARIES WILL BE ERROR-FREEREQUIREMENTS, OR THAT THEY THE OPERATION OF THE SOFTWARE AND ANY ANYLOGIC MATERIALS WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL BE ERROR FREE. ANY WARRANTIES IMPLIED BY LAW, BY THE COURSE OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONSDEALING BETWEEN THE PARTIES, OR LOSSES UNLESS CAUSED OTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LICENSOR’S WILLFUL MISCONDUCTLAW. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR ANYLOGIC DOES NOT UNDERTAKE WARRANT THAT THE USE OF THE SOFTWARE ALLOWED HEREUNDER SHALL RESULT IN ANY LIABILITY TO LICENSEE PARTICULAR LEVEL OR TYPE OF FINANCIAL RESULTS FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESLICENSEE. 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 SET FORTH IN SECTION 5.1THIS AGREEMENT, LICENSOR MAKES SELLERS AND LICENSEE RECEIVES NO WARRANTIESTHE COMPANIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR IN IMPLIED WITH RESPECT TO THE INTERESTS, ANY OTHER PROVISION COMPANY, OR ANY OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIESASSETS, AND LICENSOR SPECIFICALLY DISCLAIMS EXCEPT AS SET FORTH IN THIS AGREEMENT, SELLERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATIONREPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE INTERESTS, ANY COMPANY, OR ANY ASSETS, SUCH DISCLAIMER INCLUDING ANY WARRANTY OR REPRESENTATION (EXPRESS, STATUTORY OR IMPLIED) AS TO: (I) THE CONDITION OF MERCHANTABILITYTHE ASSETS, (II) FITNESS OF THE ASSETS FOR A PARTICULAR PURPOSE PURPOSE, (III) THE ACCURACY OR ACCURACY COMPLETENESS OF DATAANY INFORMATION FURNISHED TO BUYER OR ITS REPRESENTATIVES, ADVISORS OR CONSULTANTS BY THE COMPANIES, SELLERS, SELLERS’ AFFILIATES OR REPRESENTATIVES, INCLUDING ANY INFORMATION IN ANY “DATA ROOM” OR “VIRTUAL DATA ROOM,” ANY PROJECTIONS AND ANY INTERIM FINANCIAL STATEMENTS (OTHER THAN THOSE “INTERIM FINANCIALS” ATTACHED AS SCHEDULE 2.6.1) AND (IV) COMPLIANCE WITH ANY REGULATIONS, LAWS OR PROTECTION OF ENVIRONMENT OR HEALTH. THERE IS NO WARRANTY BUYER ACKNOWLEDGES AND AGREES TO THE FOREGOING AND THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCT. IT FOREGOING DISCLAIMER 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSES“CONSPICUOUS.”

Disclaimer. EXCEPT AS SET FORTH FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 5.16.1, LICENSOR ENLIGHTED MAKES AND LICENSEE CUSTOMER RECEIVES NO EXPRESS WARRANTIES, EXPRESS, IMPLIED, STATUTORY, . ANY STATEMENTS OR REPRESENTATIONS ABOUT THE CLOUD SERVICES AND THEIR FUNCTIONALITY IN ANY OTHER PROVISION OF THE AGREEMENT DOCUMENTATION OR ANY OTHER COMMUNICATIONCOMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR ENLIGHTED SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WARRANTY INCLUDING, WITHOUT LIMITATION, ANY THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATAAND NON- INFRINGEMENT. THERE IS NO WARRANTY WITHOUT LIMITING THE FOREGOING, ENLIGHTED DOES NOT WARRANT THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES OPERATION OF THE CLOUD SERVICES WILL BE ERROR-UNINTERRUPTED OR ERROR FREE, FREE OF HARMFUL COMPONENTS, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSCONTENT, OMISSIONS, DELAYS, INTERRUPTIONSINCLUDING CUSTOMER CONTENT, OR LOSSES UNLESS CAUSED THIRD PARTY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. THIS SECTION 6.2 DOES NOT APPLY TO THE EXTENT PROHIBITED BY LICENSOR’S WILLFUL MISCONDUCTAPPLICABLE LAW. IT IS MUTUALLY ACKNOWLEDGED AND AGREED THAT DATA ENTRY, COMMUNICATION AND STORAGE ARE THE CLOUD SERVICES MAY BE SUBJECT TO A POSSIBILITY OF HUMAN AND MACHINE ERRORS, OMISSIONSLIMITATIONS, DELAYS, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OR LOSS OTHER PROBLEMS THAT ARISE DUE TO THE NATURE OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES INTERNET COMMUNICATIONS. ENLIGHTED IS NOT UNDERTAKE ANY LIABILITY TO LICENSEE RESPONSIBLE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, DATA LOSS, BANDWIDTH CHARGES, OR LOSSESANY OTHER COSTS OR DAMAGES THAT RESULT FROM SUCH PROBLEMS OR FOR ANY UNAVAILABILITY OF THE CLOUD SERVICES CAUSED BY NETWORK PROBLEMS OR ANY TECHNOLOGY NEEDED TO USE THE CLOUD SERVICES THAT IS NOT PROVIDED BY ENLIGHTED.

Disclaimer. EXCEPT THE PRODUCTS ARE PROVIDED “AS SET FORTH IN SECTION 5.1, LICENSOR MAKES AND LICENSEE RECEIVES NO IS,” WITHOUT WARRANTY OF ANY KIND. ILLUMIO DISCLAIMS ALL WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR IN INCLUDING BUT NOT LIMITED TO ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR ACCURACY USAGE OF DATATRADE. THERE IS NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ILLUMIO OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS MASTER SUBSCRIPTION AGREEMENT. ILLUMIO DISCLAIMS ANY WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES PRODUCTS WILL BE ERROR-FREEFREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. THE CUSTOMER ASSUMES SOLE RESPONSIBILITY AND LIABILITY FOR RESULTS OBTAINED OR LACK THEREOF FROM THE USE OF THE PRODUCTS AND ANY CONCLUSIONS DRAWN THEREFROM. ILLUMIO WILL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES UNLESS DAMAGES 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 ERRORS OR LOSS OF OMISSIONS IN ANY CUSTOMER DATA OR DAMAGE OTHER CUSTOMER MATERIALS PROVIDED TO MEDIA, WHICH MAY GIVE RISE TO LOSS ILLUMIO BY THE CUSTOMER OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR RESULTS PRODUCED BY THE PRODUCTS BASED UPON ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, CUSTOMER DATA OR LOSSESOTHER CUSTOMER MATERIALS.

Disclaimer. EXCEPT AS SET FORTH FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION 5.19, LICENSOR COGNITIVESCALE MAKES AND LICENSEE RECEIVES NO WARRANTIES, ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIEDIMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, OR IN AS TO ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY MATTER WHATSOEVER. COGNITIVESCALE EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. COGNITIVESCALE DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES SOLUTION. COGNITIVESCALE DOES NOT WARRANT THAT PRODUCT OR SOLUTION IS ERROR-FREE OR THAT OPERATION OF PRODUCT OR SOLUTION WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. COGNITIVESCALE DOES NOT WARRANT THAT ANY INFORMATION OR INSIGHT PROVIDED THROUGH PRODUCT OR SOLUTION IS accuraTE OR COMPLETE OR THAT THEY any information PROVIDED THROUGH Product OR SOLUTION WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDSALWAYS BE AVAILABLE. LICENSOR UNDERTAKES OR ACCEPTS COGNITIVESCALE EXERCISES NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED CONTROL OVER 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE EXPRESSLY DISCLAIMS ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, ARISING OUT OF OR LOSSESBASED UPON THE RESULTS OF YOUR USE OF PRODUCT OR SOLUTION.

Disclaimer. LICENSEE UNDERSTANDS AND ACKNOWLEDGES THAT THE TIME FRAME FOR NOTIFICATION ASSOCIATED WITH RECORDING INFORMATION (DISMISSALS, DISCHARGES. ETC.) MAY VARY DEPENDING UPON THE RECORDING DATES AVAILABLE FOR COLLECTION. EXCEPT AS SET FORTH OTHERWISE STATED IN SECTION 5.1THIS SECTION, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIESTHE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THIS DISCLAIMER MAY NOT APPLY. TELETRACK DO NOT REPRESENT OR ACCURACY OF DATA. THERE IS NO WARRANTY WARRANT THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES SERVICE IS VALID, COMPLETE, FREE FROM ERROR, WILL BE ERROR-FREEMEET LICENSEE’S NEEDS, OR THAT THEY THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDSBE PROVIDED ON AN UNINTERRUPTED BASIS AND THE TELETRACK EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES. 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, DELAYSTHE TELETRACK DO NOT ASSUME, AND LOSSESEXPRESSLY DISCLAIM, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE ANY PERSON OR ENTITY FOR ANY LOSS OR DAMAGE CAUSED BY ERRORS, DELAYS IN NOTIFICATION OR OMISSIONS IN THE SERVICE. WHETHER SUCH ERRORS, OMISSIONSDELAYS IN NOTIFICATION OR OMISSIONS RESULT FROM NEGLIGENCE, INTERRUPTIONS, DELAYSACCIDENT, OR LOSSESOTHER CAUSE.

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.1ASSIGNEE ACKNOWLEDGES THAT ASSIGNOR HAS NOT MADE, LICENSOR MAKES AND LICENSEE RECEIVES NO ASSIGNOR HEREBY EXPRESSLY DISCLAIMS AND NEGATES, AND ASSIGNEE HEREBY EXPRESSLY WAIVES, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORYAT COMMON LAW, BY STATUTE OR IN ANY OTHER PROVISION OTHERWISE RELATING TO (a) PRODUCTION RATES, RECOMPLETION OPPORTUNITIES, DECLINE RATES, GAS BALANCING INFORMATION OR THE QUALITY, QUANTITY OR VOLUME OF THE AGREEMENT RESERVES OF HYDROCARBONS, IF ANY, ATTRIBUTABLE TO THE ASSETS; (b) THE ACCURACY, COMPLETENESS, MATERIALITY OR OTHER CHARACTERISTIC OF ANY INFORMATION, DATA OR OTHER COMMUNICATIONMATERIALS (WRITTEN OR ORAL) NOW, REGARDING HERETOFORE OR HEREAFTER FURNISHED TO ASSIGNEE BY OR ON BEHALF OF ASSIGNOR OR OTHERWISE OBTAINED BY ASSIGNEE FROM ASSIGNOR; AND (c) THE PRODUCT OR ENVIRONMENTAL CONDITION OF THE DATABASE LIBRARIESASSETS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ASSIGNMENT, ASSIGNOR EXPRESSLY DISCLAIMS AND NEGATES, AND LICENSOR SPECIFICALLY DISCLAIMS ASSIGNEE HEREBY WAIVES, AS TO ALL PERSONAL PROPERTY, EQUIPMENT, INVENTORY, MACHINERY AND FIXTURES CONSTITUTING A PART OF THE ASSETS (i) ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, (ii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEPURPOSE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSES.AND

Disclaimer. EXCEPT a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE KIDCABOO PROPERTIES IS AT YOUR SOLE RISK, AND THE KIDCABOO PROPERTIES ARE PROVIDED ON AN “AS SET FORTH IN SECTION 5.1IS” AND “AS AVAILABLE” BASIS, LICENSOR MAKES WITH ALL FAULTS. KIDCABOO AND LICENSEE RECEIVES NO ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “COVERED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIESREPRESENTATIONS, AND LICENSOR SPECIFICALLY DISCLAIMS CONDITIONS OF ANY AND ALL OTHER WARRANTIESKIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON- INFRINGEMENT), INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY CAR OR BOOSTER SEATS THAT MAY BE PROVIDED BY KIDCABOO OR DRIVING NANNIES OR THE INSTALLATION OF SUCH CAR OR BOOSTER SEATS BY DRIVERS. THE COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF DATA. THERE IS NO WARRANTY THAT CONTENT AVAILABLE ON OR THROUGH THE LICENSED PRODUCT KIDCABOO PROPERTIES OR DATABASE LIBRARIES WILL BE ERROR-FREEFOR THE CONDUCT OR PERFORMANCE OF THE DRIVING NANNIES, ARRANGERS, RIDERS, PARTICIPANTS, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESOTHER USERS.

Disclaimer. EXCEPT AS SET FORTH THE EXPRESS WARRANTIES IN SECTION 5.14.9 AND THIS SECTION 8 ARE IN LIEU OF, LICENSOR MAKES AND LICENSEE RECEIVES NO HET DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT PRODUCTS, SERVICES, SOFTWARE OR THE DATABASE LIBRARIESUSER DOCUMENTATION, AND LICENSOR SPECIFICALLY DISCLAIMS INCLUDING ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, SATISFACTORY QUALITY, TITLE, ACCURACY OF DATAINFORMATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND ARISING FROM THE COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE. THERE IS HS ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTY THAT WARRANTIES OTHER THAN THE LICENSED PRODUCT OR DATABASE LIBRARIES EXPRESS WARRANTIES IN THIS AGREEMENT. HET WILL NOT, UNDER ANY CIRCUMSTANCE, BE ERROR-FREELIABLE TO HS, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION ANY END USER OR WILL FULFILL TRANSFEREE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS OR ANY OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF LICENSEE’S PARTICULAR PURPOSES WHATEVER NATURE ARISING OUT OF THE FOREGOING WARRANTY, THIS AGREEMENT OR NEEDS. LICENSOR UNDERTAKES RESULTING FROM THE DISTRIBUTION OF PRODUCTS BY HS OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSTHE USE BY ANY END USER OR ANY TRANSFEREE OF SUCH PRODUCTS, 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 EVEN IF HET HAS BEEN NOTIFIED OF THE POSSIBILITY OF HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESDAMAGES.

Disclaimer. EXCEPT AS SET FORTH AND TO THE EXTENT EXPRESSLY PROVIDED IN SECTION 5.1THIS ARTICLE 17 (REPRESENTATIONS AND WARRANTIES), LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIESBOEING HAS NOT MADE NOR DOES IT HEREBY MAKE ANY REPRESENTATION OR WARRANTY, EXPRESSWHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITYDESIGN, OPERATION, CONDITION, QUALITY, SUITABILITY OR MERCHANTABILITY OR FITNESS FOR USE OR FOR A PARTICULAR PURPOSE PURPOSE, ABSENCE OF LATENT OR ACCURACY OF DATAOTHER NON-CONFORMANCES, WHETHER OR NOT DISCOVERABLE, WITH REGARD TO THE SATELLITE, ANY OTHER DELIVERABLE ITEM OR ANY OTHER WORK. THERE IS BOEING MAKES NO WARRANTY THAT WITH RESPECT TO LAUNCH SERVICES OR THE LICENSED PRODUCT CONDITION, USE OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL PERFORMANCE OF ANY LAUNCH VEHICLE. INFORMATION IN THIS AGREEMENT. THIS INFORMATION HAS BEEN REDACTED AND DENOTED BY ASTERISKS (***). COPIES OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 THE EXHIBIT CONTAINING THE REDACTED PORTIONS HAVE BEEN FILED SEPARATELY WITH THE COMMISSION SUBJECT TO A POSSIBILITY OF HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF DATA OR DAMAGE REQUEST FOR CONFIDENTIAL TREATMENT PURSUANT TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESRULE 24B-2 UNDER THE SECURITIES EXCHANGE ACT.

Disclaimer. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION OR AN ORDER FORM OR ADDENDUM OR ANY APPLICABLE DOCUMENTATION AS SET FORTH DESCRIBED IN SECTION 5.17.1, LICENSOR COMPANY MAKES AND LICENSEE RECEIVES NO WARRANTIES, ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIEDIMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, OR IN AS TO ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY MATTER WHATSOEVER. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE PRODUCTS OR ACCURACY OF DATAPROFESSIONAL SERVICES. THERE IS NO WARRANTY COMPANY DOES NOT WARRANT THAT THE LICENSED PRODUCTS, DOCUMENTATION, OR PROFESSIONAL SERVICES ARE ERROR-FREE OR THAT OPERATION OF THE PRODUCTS OR PROVISION OF THE PROFESSIONAL SERVICES WILL BE SECURE OR UNINTERRUPTED. COMPANY DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY A PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEDOCUMENTATION, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDSIN CONNECTION WITH THE PROFESSIONAL SERVICES, IS COMPLETE. LICENSOR UNDERTAKES OR ACCEPTS COMPANY EXERCISES 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, DELAYSCONTROL OVER, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE EXPRESSLY DISCLAIMS ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORSARISING OUT OF OR BASED UPON THE RESULTS OF, OMISSIONS, INTERRUPTIONS, DELAYS, CUSTOMER’S USE OF THE PRODUCTS OR LOSSESDOCUMENTATION OR RECEIPT OF THE PROFESSIONAL SERVICES.

Disclaimer. EXCEPT SRP MAKES NO REPRESENTATIONS AND PROVIDES NO WARRANTY OR GUARANTY (EXPRESS OR IMPLIED) WITH RESPECT TO THE DESIGN, INSTALLATION, SAFETY, USE, PERFORMANCE, DURABILITY, EFFECTIVENESS, OR TECHNICAL FEASIBILITY OF THE DER FACILITY OR ANY RELATED EQUIPMENT. ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. SRP’S TESTING OF THE DER FACILITY AND REVIEW OF ANY PLANS, SPECIFICATIONS, DESIGNS, AND TEST RESULTS OF OR WITH RESPECT TO THE DER FACILITY ARE FOR SRP’S PURPOSES ONLY, AND SHALL NOT BE CONSTRUED AS CONFIRMING OR ENDORSING THE DESIGN OF, OR AS ANY WARRANTY WITH RESPECT TO, THE DER FACILITY. SRP SHALL NOT BE LIABLE FOR ANY STATEMENT, REPRESENTATION, PROMISE, INDUCEMENT, OR UNDERSTANDING OF ANY KIND THAT IS NOT EXPRESSLY SET FORTH IN SECTION 5.1, LICENSOR MAKES AND LICENSEE RECEIVES THIS AGREEMENT. SRP WILL HAVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORYLIABILITY FOR OR IN CONNECTION WITH ANY EQUIPMENT INSTALLED BY, OR IN FOR ANY ACT OR OMISSION OF, ANY OTHER PROVISION OF THE AGREEMENT ENTITY OR INDIVIDUAL, INCLUDING ANY OTHER COMMUNICATIONEQUIPMENT MANUFACTURER, REGARDING THE PRODUCT OR THE DATABASE LIBRARIESELECTRICIAN, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREETECHNICIAN, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESOTHER SERVICE PROVIDER.

Disclaimer. EXCEPT AS SET FORTH THE WARRANTIES PROVIDED BY DATABRICKS IN SECTION 5.1, LICENSOR MAKES 5.1 (WARRANTIES) ARE EXCLUSIVE AND LICENSEE RECEIVES NO IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR IN ANY REGARDING DATABRICKS AND DATABRICKS’ SERVICES PROVIDED HEREUNDER. DATABRICKS AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, CONDITIONS AND OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIESTERMS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN: (a) ANY SERVICES PROVIDED UNDER ANY FREE TRIAL PERIOD ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF DATA. THERE IS NO ANY KIND; (b) WITHOUT LIMITATION, DATABRICKS DOES NOT MAKE ANY WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEOF ACCURACY, COMPLETENESS, TIMELINESS, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION UNINTERRUPTABILITY, OF THE PLATFORM SERVICES; (c), DATABRICKS IS NOT RESPONSIBLE FOR RESULTS OBTAINED FROM THE USE OF THE DATABRICKS SERVICES OR WILL FULFILL FOR CONCLUSIONS DRAWN FROM SUCH USE; AND (d) EXCEPT AS OTHERWISE STATED IN SECTION 4 (USE OF THE PLATFORM SERVICES), DATABRICKS’ REASONABLE EFFORTS TO RESTORE LOST OR CORRUPTED CUSTOMER INSTRUCTIONAL INPUT DESCRIBED THEREIN SHALL BE DATABRICKS’ SOLE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESCORRUPTION OF CUSTOMER CONTENT IN CONNECTION WITH THE DATABRICKS SERVICES.

Disclaimer. EXCEPT PAYA AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS SET FORTH TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE WEB SERVICES OR ANY CONTENT STORED THEREIN. PAYA AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEB SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN SECTION 5.1COMBINATION WITH ANY OTHER HARDWARE, LICENSOR MAKES SOFTWARE, SYSTEM OR DATA, OR (B) THE WEB SERVICES WILL MEET MERCHANT’S REQUIREMENTS OR EXPECTATIONS. THE WEB SERVICES ARE PROVIDED ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND LICENSEE RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIESOTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEPURPOSE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY NON-INFRINGEMENT OF LICENSEE’S PARTICULAR PURPOSES OR NEEDSTHIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Paya AND ITS LICENSORS. 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 ARTICLE V - TERMINATION AND AGREED THAT DATA ENTRY, COMMUNICATION AND STORAGE ARE SUBJECT TO A POSSIBILITY EFFECT OF HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSES.TERMINATION

Disclaimer. VERITONE WARRANTS THAT THE PLATFORM, SERVICES AND ANY OTHER VERITONE PRODUCTS AND SERVICES WILL, FOR A PERIOD OF SIXTY (60) DAYS FROM THE DATE OF YOUR RECEIPT, PERFORM SUBSTANTIALLY IN ACCORDANCE WITH PLATFORM, SERVICES AND ANY OTHER VERITONE PRODUCTS AND SERVICES WRITTEN MATERIALS ACCOMPANYING IT. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1THE FOREGOING, LICENSOR THE PLATFORM, SERVICES AND ANY OTHER VERITONE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, VERITONE MAKES AND LICENSEE RECEIVES NO WARRANTIESWARRANTY, EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF WITH RESPECT TO THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, PLATFORM AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIESSERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO THE ACCURACY OF PROCESSING RESULTS, ANY WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR ACCURACY USAGE OF DATATRADE, AND WARRANTIES OF NON- INFRINGEMENT. THERE IS NO WARRANTY VERITONE DOES NOT WARRANT THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE PLATFORM AND SERVICES ARE ERROR-FREE, WILL RUN UNINTERRUPTED, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION ALL ERRORS CAN OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES BE CORRECTED. NO ADVICE OR NEEDS. LICENSOR UNDERTAKES INFORMATION, WHETHER ORAL OR ACCEPTS NO LIABILITY WHATSOEVER TO WRITTEN, OBTAINED BY 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR FROM VERITONE SHALL CREATE ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESWARRANTY.

Disclaimer. EXCEPT YOU EXPRESSLY ACKNOWLEDGE THAT THE PROGRAM AND SUBSCRIPTIONS (OR FEATURES THEREOF) MAY BE EXPERIMENTAL IN NATURE AND/OR IN A BETA PHASE AND AGREE THAT ACCESS TO AND/OR USE OF THE PROGRAM AND SUBSCRIPTIONS IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM AND SUBSCRIPTIONS ARE PROVIDED “AS SET FORTH IN SECTION 5.1IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. X CORP. DISCLAIMS ALL WARRANTIES AND CONDITIONS, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERRORPURPOSE, NON-FREEINFRINGEMENT, OR THAT THEY ARISING FROM COURSE OF DEALING OR PERFORMANCE. X CORP. MAKES NO WARRANTIES OR REPRESENTATIONS AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE PROGRAM AND SUBSCRIPTIONS, AND (II) WHETHER THE PROGRAM OR SUBSCRIPTIONS WILL OPERATE WITHOUT INTERRUPTION MEET YOUR REQUIREMENTS OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSBE AVAILABLE ON AN UNINTERRUPTED, OMISSIONS, DELAYS, INTERRUPTIONSSECURE, OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCTERROR- FREE BASIS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR X CORP. DOES NOT UNDERTAKE CONTROL, ENDORSE OR ADOPT YOUR SUBSCRIPTIONS ACCOUNT (INCLUDING ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORSCONTENT, OMISSIONS, INTERRUPTIONS, DELAYS, FEATURES OR LOSSESBENEFITS THEREIN).

Disclaimer. EXCEPT AS SET FORTH PROVIDED IN SECTION 5.1THIS ARTICLE 8, LICENSOR NEITHER PARTY MAKES AND LICENSEE RECEIVES NO WARRANTIES, ANY REPRESENTATION OR WARRANTY (EXPRESS, IMPLIED, STATUTORYSTATUTORY OR OTHERWISE) WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE DYADIC MATERIALS, THE PRODUCTION STRAINS, AND COMPONENTS OF THE DYADIC MATERIALS AND PRODUCTION STRAINS, OR IN ANY OTHER PROVISION DERIVATIVES OR MODIFICATIONS OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIESFOREGOING, AND LICENSOR EACH PARTY SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ALL WARRANTIES AND CONDITIONS OF THE VALIDITY OF THE LICENSED PATENTS OR ACCURACY NON-INFRINGEMENT OF DATATHIRD PARTY INTELLECTUAL PROPERTY RIGHTS. THERE IS NO THIS SECTION 8.3 SHALL NOT BE CONSTRUED TO LIMIT EITHER PARTY’S OBLIGATIONS UNDER ARTICLE 7. DYADIC SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE LICENSED PRODUCT DYADIC MATERIALS, PRODUCTION STRAINS, ANY COMPONENTS OF THE DYADIC MATERIALS AND PRODUCTION STRAINS, AND ANY DERIVATIVES OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL MODIFICATIONS OF ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSTHE FOREGOING (A) ARE ANYTHING OTHER THAN EXPERIMENTAL IN NATURE, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED AND AGREED (B) HAVE CHARACTERISTICS THAT DATA ENTRY, COMMUNICATION AND STORAGE ARE SUBJECT TO A POSSIBILITY OF HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYSALL KNOWN, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH (C) MAY GIVE RISE TO LOSS OR DAMAGE, BE USED OTHER THAN WITH PRUDENCE AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESAPPROPRIATE CAUTION.

Disclaimer. All information entered into Brycer’s database is produced by third party inspectors and their agents. THEREFORE, BRYCER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ENTERED INTO BRYCER’S DATABASE BY EITHER CLIENT OR THIRD PARTY INSPECTORS. EXCEPT AS SET FORTH IN SECTION 5.17, LICENSOR BRYCER MAKES AND LICENSEE RECEIVES NO WARRANTIESOTHER WARRANTY, EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF WITH RESPECT TO THE AGREEMENT SOLUTION OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY INFORMATION AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. BRYCER'S SOLE LIABILITY FOR BREACH OF THE REPRESENTATION AND WARRANTY SET FORTH IN SECTION 7, AND CLIENT'S SOLE REMEDY, SHALL BE THAT BRYCER SHALL DEFEND, INDEMNIFY AND HOLD RECIPIENT HARMLESS FROM AND AGAINST ANY LOSS, SUIT, DAMAGE, CLAIM OR ACCURACY DEFENSE ARISING OUT OF DATABREACH OF THE REPRESENTATION AND WARRANTY. THERE IS 9. LIMITATION ON DAMAGES. BRYCER SHALL ONLY BE LIABLE TO CLIENT FOR DIRECT DAMAGES PURSUANT TO THE AGREEMENT. EXCEPT AS OTHERWISE PROVIDED IN SECTION 7, IN NO WARRANTY THAT THE LICENSED PRODUCT EVENT SHALL BRYCER BE LIABLE FOR OR DATABASE LIBRARIES WILL BE ERROR-FREEOBLIGATED IN ANY MANNER FOR SPECIAL, CONSEQUENTIAL, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSINDIRECT DAMAGES, OMISSIONSINCLUDING, DELAYSBUT NOT LIMITED TO, 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 USE, LOSS OF PROFITS OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESSYSTEM DOWNTIME.

Disclaimer. EXCEPT AS SET FORTH PROVIDED IN SECTION 5.1ARTICLE 11 ABOVE, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY SIGMA EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIESWARRANTIES OF ANY KIND, INCLUDINGEXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONLIMITATION THE WARRANTIES OF DESIGN, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY PURPOSE, AND NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES WITH RESPECT TO ANY RESEARCH RESULTS, DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE INVENTIONS (AND ANY PATENT RIGHTS OBTAINED THEREON) IDENTIFIED, MADE OR GENERATED BY SIGMA AS PART OF THE RESEARCH PLAN COLLABORATION OR OTHERWISE MADE AVAILABLE TO SANGAMO PURSUANT TO THE TERMS OF THIS AGREEMENT. EXCEPT AS PROVIDED IN ARTICLE 11 ABOVE, SANGAMO EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT INTERRUPTION OR WILL FULFILL LIMITATION THE WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND 60. NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES WITH RESPECT TO ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSRESEARCH RESULTS, OMISSIONSZFP PRODUCTS, DELAYS, INTERRUPTIONSDATA, OR LOSSES UNLESS CAUSED INVENTIONS (AND ANY PATENT RIGHTS OBTAINED THEREON) IDENTIFIED, MADE OR GENERATED BY LICENSOR’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED AND AGREED THAT DATA ENTRY, COMMUNICATION AND STORAGE ARE SUBJECT SANGAMO AS PART OF THE RESEARCH PLAN COLLABORATION OR OTHERWISE MADE AVAILABLE TO A POSSIBILITY SIGMA PURSUANT TO THE TERMS OF HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESTHIS AGREEMENT.

Disclaimer. EXCEPT AS SET FORTH IN ADDITION TO THE LIMITATIONS OF LIABILITY IN SECTION 5.110, LICENSOR MAKES CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR, AND LICENSEE RECEIVES IRONBENCH SHALL HAVE NO WARRANTIESLIABILITY FOR, EXPRESSANY INTENTIONAL, IMPLIED, STATUTORYUNINTENTIONAL, OR IN ANY OTHER PROVISION MALICIOUS ACTIVITY OR USE OF THE AGREEMENT PRODUCTS BY CUSTOMER OR ITS EMPLOYEES, PERSONNEL, AND/OR CONTRACTORS AND ANY OTHER RESULTING LIABILITY INCLUDING: LOSS OF DATA, DAMAGE TO HARDWARE, OR INTERRUPTION OF BUSINESS OPERATIONS. IRON BENCH PRODUCTS MAY INCLUDE CERTAIN FEATURES AND FUNCTIONALITIES THAT ALLOW ACCESS, AUTHENTICATION, INTEGRATION, COMMUNICATION, REGARDING THE AND/OR OTHER CONNECTION METHODS WITH SOFTWARE, INFORMATION, PRODUCTS, OR WEB SITES THAT ARE OWNED OR OPERATED BY OTHER THIRD PARTY COMPANIES (“THIRD PARTY RESOURCES”). IRON BENCH CANNOT GUARANTEE ANY PRODUCT FEATURES AND/OR THE DATABASE LIBRARIESFUNCTIONALITIES WILL OPERATE ERROR-FREE OR REMAIN COMPATIBLE WITH THIRD PARTY RESOURCES. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR, AND LICENSOR SPECIFICALLY DISCLAIMS IRON BENCH SHALL HAVE NO LIABILITY FOR, ITS USE OF PRODUCTS WITH THIRD PARTY RESOURCES (INCLUDING ANY ERRORS OR INCOMPATIBILITY), ITS THIRD PARTY RESOURCES SETTINGS AND ALL OTHER WARRANTIESCONFIGURATIONS (INCLUDING ANY WEAK, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEINSECURE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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, DELAYSVULNERABLE SETTINGS), AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESCOMPLYING WITH ITS THIRD PARTY RESOURCES AGREEMENTS.

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.1. JOMSTUDI DOES NOT PROMISE THAT THE PLATFORM OR ANY CONTENT, LICENSOR MAKES SERVICE OR FEATURE OF THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORM WILL PROVIDE SPECIFIC RESULTS. JOMSTUDI AND LICENSEE RECEIVES NO ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS- AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON JOMSTUDI IS SUBJECT TO CHANGE WITHOUT NOTICE. JOMSTUDI CANNOT ENSURE THAT ANY FILES OR DATA YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. JOMSTUDI DISCLAIMS ALL WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING ANY WARRANTIES OF ACCURACY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATIONNON-INFRINGEMENT, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, MERCHANTABILITY AND LICENSOR SPECIFICALLY FITNESS FOR A PARTICULAR PURPOSE. JOMSTUDI DISCLAIMS ANY AND ALL OTHER WARRANTIESLIABILITY FOR THE ACTS, INCLUDING, WITHOUT LIMITATION, OMISSIONS AND CONDUCT OF ANY WARRANTY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF MERCHANTABILITY, FITNESS THE PLATFORM AND/OR ANY JOMSTUDI SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR A PARTICULAR PURPOSE YOUR USE OF THE PLATFORM AND ANY LINKED PLATFORMS. YOUR SOLE REMEDY AGAINST JOMSTUDI FOR DISSATISFACTION WITH THE PLATFORM OR ACCURACY OF DATA. THERE ANY CONTENT IS NO WARRANTY THAT TO STOP USING THE LICENSED PRODUCT PLATFORM OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESCONTENT.

Disclaimer. (a) EXCEPT FOR THE EXPRESS WARRANTIES, IF ANY, MADE DIRECTLY TO END USERS PURSUANT TO THE END USER LICENSE OR AS OTHERWISE EXPRESSLY SET FORTH IN SECTION 5.1THIS AGREEMENT, LICENSOR THE COMPANY MAKES NO WARRANTIES WITH RESPECT TO ANY PRODUCTS, LICENSE OR SERVICE, INCLUDING WITHOUT LIMITATION LICENSED SOFTWARE AND LICENSEE RECEIVES NO THE DEVICES, AND DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN INCLUDING WITHOUT LIMITATION ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NONINFRINGEMFNT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR ACCURACY USAGE OF DATATRADE. THERE IS NO WARRANTY THE COMPANY DOES NOT WARRANT THAT THE LICENSED PRODUCT SOFTWARE OR DATABASE LIBRARIES THE DEVICES WILL MEET ANY END USER REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. TELEBRANDS IS NOT AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION CONCERNING THE PERFORMANCE OF THE LICENSED SOFTWARE OTHER THAN AS PROVIDED, IF AT ALL, IN THE END USER LICENSE. TELEBRANDS SHALL MAKE NO OTHER WARRANTY, EXPRESS OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY IMPLIED, ON BEHALF OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESTHE COMPANY.

Disclaimer. EXCEPT AS SET FORTH TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOOLIO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES (INCLUDING IMPLIED AND STATUTORY WARRANTIES) OTHER THAN THOSE EXPRESSLY PROVIDED IN SECTION 5.18.1, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN INCLUDING WITHOUT LIMITATION ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHER, TOOLIO AND ITS SUPPLIERS DO NOT WARRANT THAT ANY PRODUCTS AND/OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREESERVICES SHALL MEET CUSTOMER’S REQUIREMENTS, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ARE ERROR FREE. TOOLIO DOES NOT PROVIDE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND ALL OBLIGATIONS OR LIABILITIES FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, MAINTENANCE OR PERFORMANCE THEREOF. ANY ESTIMATE REGARDING SCOPE, TIME OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSCOMPLETION, OMISSIONS, DELAYS, INTERRUPTIONSCOSTS, 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, OTHER MATTERS WHICH MAY GIVE RISE TO LOSS BE PROVIDED BY TOOLIO ORALLY OR DAMAGEIN WRITING (WHETHER IN A SUPPLEMENTAL DOCUMENT OR OTHERWISE) ARE GIVEN USING COMMERCIALLY REASONABLE METHODS OF ESTIMATION AND ARE IN GOOD FAITH, AND LICENSOR BUT SHALL NOT BE CONSTRUED AS A WARRANTY OR GUARANTEE OF ANY TYPE. TOOLIO DOES NOT UNDERTAKE WARRANT AND IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY LIABILITY TO LICENSEE FOR DATA (INCLUDING ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, CUSTOMER DATA) AND/OR LOSSESINPUT OR REPRESENTATIONS BY THIRD PARTY SUPPLIERS.

Disclaimer. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DOCUMENTATION, PLATFORM, AND SERVICES ARE PROVIDED “AS SET FORTH IN SECTION 5.1IS,” AND BSG MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIESREPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR ACCURACY OF DATAINABILITY TO USE THE DOCUMENTATION OR THE SERVICES (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO CUSTOMER BY BSG. THERE IS NO WARRANTY BSG DOES NOT WARRANT THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL ALL ERRORS CAN BE ERROR-FREECORRECTED, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION THE OPERATION OF THE SERVICES SHALL BE UNINTERRUPTED OR WILL FULFILL ANY ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LICENSEE’S PARTICULAR PURPOSES IMPLIED WARRANTIES OR NEEDS. LICENSOR UNDERTAKES CONDITIONS OR ACCEPTS NO LIABILITY WHATSOEVER LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESCUSTOMER.

Disclaimer. EXCEPT AS SET FORTH TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOOLIO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES (INCLUDING IMPLIED AND STATUTORY WARRANTIES) OTHER THAN THOSE EXPRESSLY PROVIDED IN SECTION 5.18.1, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN INCLUDING WITHOUT LIMITATION ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON- INFRINGEMENT. FURTHER, TOOLIO AND ITS SUPPLIERS DO NOT WARRANT THAT ANY PRODUCTS AND/OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREESERVICES SHALL MEET CUSTOMER’S REQUIREMENTS, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ARE ERROR FREE. TOOLIO DOES NOT PROVIDE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND ALL OBLIGATIONS OR LIABILITIES FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, MAINTENANCE OR PERFORMANCE THEREOF. ANY ESTIMATE REGARDING SCOPE, TIME OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSCOMPLETION, OMISSIONS, DELAYS, INTERRUPTIONSCOSTS, 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, OTHER MATTERS WHICH MAY GIVE RISE TO LOSS BE PROVIDED BY TOOLIO ORALLY OR DAMAGEIN WRITING (WHETHER IN A SUPPLEMENTAL DOCUMENT OR OTHERWISE) ARE GIVEN USING COMMERCIALLY REASONABLE METHODS OF ESTIMATION AND ARE IN GOOD FAITH, AND LICENSOR BUT SHALL NOT BE CONSTRUED AS A WARRANTY OR GUARANTEE OF ANY TYPE. TOOLIO DOES NOT UNDERTAKE WARRANT AND IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY LIABILITY TO LICENSEE FOR DATA (INCLUDING ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, CUSTOMER DATA) AND/OR LOSSESINPUT OR REPRESENTATIONS BY THIRD PARTY SUPPLIERS.

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS ARTICLE X, THE SERVICES ARE PROVIDED ON AN “AS SET FORTH IN SECTION 5.1, LICENSOR MAKES IS” BASIS AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION THE RECEIPT AND USE OF THE AGREEMENT SERVICES BY CLIENT AND ITS 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 GUARANTEE ANY SPECIFIC RESULTS FROM CLIENT’S USE OF THE SERVICES OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIESCTS IP. CTS DOES NOT MAKE, AND LICENSOR SPECIFICALLY DISCLAIMS HEREBY DISCLAIMS, ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WHETHER EXPRESS OR IMPLIED (BY OPERATION OF LAW OR OTHERWISE) INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY PURPOSE, NON-INFRINGEMENT AND TITLE AND ANY WARRANTIES ARISING FROM ANY COURSE OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEDEALING, USAGE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSTRADE PRACTICE, 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 MEDIADATA, WHICH MAY GIVE RISE LOSS OF BUSINESS OR LOST PROFITS. NOTWITHSTANDING ANYTHING TO LOSS OR DAMAGETHE CONTRARY, AND LICENSOR DOES CTS SHALL NOT UNDERTAKE ANY LIABILITY TO LICENSEE BE LIABLE FOR ANY SUCH ERRORSTHIRD PARTY HOSTING OR OTHER SERVICE PROVIDER INCLUDING WITHOUT LIMITATION, OMISSIONS, INTERRUPTIONS, DELAYS, IN CONNECTION WITH THE PERFORMANCE OF MANAGEMENT OR LOSSESOTHER SERVICES BY CTS UNLESS CTS IS GROSSLY NEGLIGENT OR COMMITS AN ACT OF WILLFUL MISCONDUCT.

Disclaimer. EXCEPT AS FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS SECTION 5.18, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY EACH PARTY DISCLAIMS ANY AND ALL OTHER WARRANTIESREPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED, INCLUDINGORAL OR WRITTEN) WITH RESPECT TO THIS MSA AND THE SOLUTIONS, WITHOUT LIMITATIONWHETHER ALLEGED TO ARISE BY OPERATION OF LAW, ANY WARRANTY STATUTE, CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A ANY PARTICULAR PURPOSE (WHETHER OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREENOT SUCH PARTY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), ACCURACY, NON-INFRINGEMENT, CONDITION OF TITLE. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF ANY EXPRESS WARRANTY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. SENTINELONE DOES NOT GUARANTEE OR WARRANT THAT THEY IT WILL OPERATE WITHOUT INTERRUPTION FIND, LOCATE, DETECT, OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR IDENTIFY ALL THREATS, CONFIGURATION ERRORS, OMISSIONSVULNERABILITIES, 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, DELAYSMALWARE, AND LOSSESMALICIOUS SOFTWARE, INCLUDING INADVERTENT INTERRUPTION RESTORE CONTROL OF SYSTEMS WHERE UNAUTHORIZED ACCESS OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGECONTROL HAS OCCURRED, AND LICENSOR DOES CUSTOMER AND ITS AFFILIATES WILL NOT UNDERTAKE HOLD SENTINELONE RESPONSIBLE FOR SUCH OR ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESCONSEQUENCES THEREOF. REPORTS GENERATED THROUGH CUSTOMER’S USE OF THE SOLUTIONS ARE PROVIDED AS-IS.

Disclaimer. EXCEPT AS THE LIMITED WARRANTY SET FORTH IN THIS SECTION 5.1IS MADE FOR THE BENEFIT OF SUBSCRIBER ONLY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR THE SCRATCHD2 SERVICE, SCRATCHD2 SYSTEM AND DOCUMENTATION ARE PROVIDED "AS IS," AND SCRATCHD2 MAKES NO (AND LICENSEE RECEIVES NO HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR ACCURACY INABILITY TO USE THE SCRATCHD2 SERVICE, SCRATCHD2 SYSTEM OR DOCUMENTATION (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO SUBSCRIBER BY SCRATCHD2. SCRATCHD2 DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT SCRATCHD2 SERVICE AND SCRATCHD2 SYSTEM SHALL BE UNINTERRUPTED, SECURE, OR DATABASE LIBRARIES WILL BE ERROR-FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY SO SOME OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER THE ABOVE LIMITATIONS MAY NOT APPLY 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESSUBSCRIBER.

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.1, LICENSOR MAKES CONTRACTOR AND LICENSEE RECEIVES ITS LICENSORS PROVIDE NO WARRANTIESWARRANTY, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR ACCURACY NON-INFRINGEMENT OF DATATHIRD PARTY RIGHTS RELATED TO THE UPDATES, PATCHES, UPGRADES, WORKAROUNDS OR ANY SOFTWARE, SERVICES, MAINTENANCE SERVICES OR SUPPORT THAT MAY BE PROVIDED HEREUNDER. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT 11. LIMITATION OF LIABILITY. CONTRACTOR AND ITS LICENSORS SHALL NOT BE LIABLE TO CUSTOMER OR DATABASE LIBRARIES WILL BE ERROR-FREEANY THIRD PARTY FOR ANY LOSS OF PROFITS, REVENUE OR THAT THEY WILL OPERATE WITHOUT GOODWILL, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OR INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSBUSINESS, OMISSIONSLOSS OF ANTICIPATED SAVINGS, 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 DATA, OR DAMAGE ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATED TO MEDIATHIS AGREEMENT, WHICH MAY GIVE RISE TO LOSS HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY OTHER LEGAL OR EQUITABLE THEORY EVEN IF CONTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CONTRACTOR’S AGGREGATE CUMULATIVE LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, CLAIMS ARISING OUT OF OR LOSSESRELATED TO THIS AGREEMENT EXCEED THE FEES PAID TO CONTRACTOR BY CUSTOMER HEREUNDER FOR THE THEN-CURRENT SUPPORT TERM.

Disclaimer. EXCEPT AS SET FORTH EXPRESSLY PROVIDED IN SECTION 5.113.2(b) BELOW, LICENSOR MAKES PROVIDES THE LICENSED PATENTS AND LICENSEE RECEIVES NO THE LICENSED KNOW-HOW STRICLY “AS IS” AND WITH ALL FAULTS. LICENSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, STATUTORY, OR IN OTHERWISE, CONCERNING THE VALIDITY, ENFORCEABILITY, AND SCOPE OF THE LICENSED PATENTS, THE ACCURACY, COMPLETENESS, SAFETY, USEFULNESS FOR ANY PURPOSE, OR LIKELIHOOD OF SUCCESS (COMMERCIAL, REGULATORY OR OTHER) OF THE LICENSED KNOW-HOW, AND ANY OTHER PROVISION OF THE AGREEMENT TECHNICAL INFORMATION, TECHNIQUES, MATERIALS, METHODS, PRODUCTS, PROCESSES, OR PRACTICES AT ANY OTHER COMMUNICATIONTIME MADE AVAILABLE BY LICENSOR, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND INCLUDING ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEDEALING, COURSE OF PERFORMANCE, USAGE, OR THAT THEY TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING AND EXCEPT AS EXPRESSLY PROVIDED IN SECTION 13.2(b) BELOW, LICENSOR WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS HAVE NO LIABILITY WHATSOEVER TO LICENSEE OR ANY OTHER PERSON FOR ERRORSOR ON ACCOUNT OF ANY INJURY, OMISSIONSLOSS, 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE OF ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORSKIND OR NATURE, OMISSIONS, INTERRUPTIONS, DELAYSSUSTAINED BY, OR LOSSESANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED ON LICENSEE OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (A) THE PRACTICE OF THE LICENSED PATENTS; (B) THE USE OF OR ANY ERRORS OF OMISSIONS IN ANY KNOW-HOW, TECHNICAL INFORMATION, TECHNIQUES, OR PRACTICES DISCLOSED BY LICENSOR; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES CONCERNING ANY OF THE FOREGOING.

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.1, LICENSOR GRAZITTI MAKES AND LICENSEE RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYOR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR ANY UPDATES OR UPGRADES THERETO, OR IN ANY OTHER PROVISION OF THE AGREEMENT MATERIALS OR ANY OTHER COMMUNICATIONSERVICES FURNISHED OR PROVIDED TO YOU UNDER THIS XXXX, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, INCLUDING MAINTENANCE AND LICENSOR SUPPORT. GRAZITTI EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY PURPOSE, RESULTS, WORKMANLIKE EFFORT, COURSE OF DATADEALING AND TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND SAID OTHER MATERIALS AND SERVICES, AND WITH RESPECT TO THE USE OF ANY OF THE FOREGOING. THERE IS NO WARRANTY GRAZITTI DOES NOT WARRANT THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES OPERATION OF THE SOFTWARE WILL BE ERROR-FREE, ERROR FREE OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION UNINTERRUPTED. GRAZITTI SHALL NOT BE HELD LIABLE OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE RESPONSIBLE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, REFUND IN THE BELOW MENTIONED CIRCUMSTANCES: ● ALTERYX OR LOSSESANY THIRD PARTY PLATFORM(S) (MENTIONED IN APPLICABLE ORDER FORM) STOPS THEIR SERVICES. ● IF GRAZITTI SOFTWARE STOPS WORKING BECAUSE OF ANY CHANGES MADE BY ALTERYX OR ANY THIRD PARTY PLATFORM(S) (MENTIONED IN APPLICABLE ORDER FORM) IN THEIR SERVICES OR BUSINESS MODEL OR DATA AVAILABILITY OR CONNECTIVITY.

Disclaimer. EXCEPT FOR THE FOREGOING WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TENFOLD SERVICES ARE PROVIDED "AS SET FORTH IN SECTION 5.1IS" AND “AS AVAILABLE”, LICENSOR MAKES WITH ALL FAULTS AND LICENSEE RECEIVES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY THE IMPLIED WARRANTIES AND/ OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY PURPOSE, OF DATAACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. THERE IS NO WARRANTY WE DO NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE TENFOLD SERVICES, THAT THE LICENSED PRODUCT FUNCTIONS CONTAINED IN OR DATABASE LIBRARIES PERFORMED OR PROVIDED BY THE TENFOLD SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE TENFOLD SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THEY DEFECTS IN THE TENFOLD SERVICES WILL OPERATE WITHOUT INTERRUPTION BE CORRECTED. NO ORAL OR WILL FULFILL ANY WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LICENSEE’S PARTICULAR PURPOSES IMPLIED WARRANTIES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSLIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED SO THE ABOVE EXCLUSION 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 LIMITATIONS MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESAPPLY.

Disclaimer. EXCEPT AS BANK’S REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES, AND CUSTOMER’S RIGHTS AND REMEDIES, SET FORTH IN SECTION 5.1THIS AGREEMENT ARE EXCLUSIVE. THE SOFTWARE IS PROVIDED BY BANK AND ITS LICENSORS “AS IS”. BANK AND ITS LICENSORS DISCLAIM, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIESCUSTOMER HEREBY WAIVES AND RELEASES BANK AND ITS LICENSORS AND THEIR RESPECTIVE OWNERS, EXPRESSOFFICERS, AND EMPLOYEES FROM, ALL OTHER REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS, AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, STATUTORYARISING BY LAW OR OTHERWISE, OR IN ANY OTHER PROVISION OF WITH RESPECT TO THE AGREEMENT OR ANY OTHER COMMUNICATIONSOFTWARE, REGARDING THE PRODUCT OR THE DATABASE LIBRARIESDOCUMENTATION, AUTHORIZED EQUIPMENT AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIESMATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, INCLUDING WITHOUT LIMITATION, : (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (iii) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (iv) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF DATA. THERE IS NO WARRANTY THE FOREGOING, NEITHER BANK NOR ITS LICENSORS WARRANT THAT OPERATION OF THE LICENSED PRODUCT SOFTWARE OR DATABASE LIBRARIES THE AUTHORIZED EQUIPMENT WILL BE ERROR-FREE, FREE OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESUNINTERRUPTED.

Disclaimer. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN SECTION 5.1HEREIN, LICENSOR MUTUAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE LICENSED PATENT RIGHTS, LICENSED PRODUCTS AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIESRIGHTS GRANTED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NONINFRINGEMENT, VALIDITY OF PATENT RIGHTS, OR ACCURACY THE ABSENCE OF DATALATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AND HEREBY DISCLAIMS THE SAME. THERE IS SPECIFICALLY, AND NOT TO LIMIT THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH HEREIN, MUTUAL MAKES NO WARRANTY OR REPRESENTATION (A) REGARDING THE VALIDITY OR SCOPE OF ANY OF THE CLAIM(S), WHETHER ISSUED OR PENDING, OF ANY OF THE LICENSED PATENT RIGHTS, AND (B) THAT THE EXPLOITATION OF THE LICENSED PATENT RIGHTS OR ANY LICENSED PRODUCT WILL NOT INFRINGE ANY PATENTS OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. PORTIONS OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT 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 THE COMPANY'S APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OR LOSS THE SECURITIES EXCHANGE ACT OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSES1934.

Disclaimer. (a) EXCEPT AS SET FORTH FOR THE REPRESENTATIONS AND WARRANTIES CONTAINED IN ARTICLE III, ARTICLE IV, SECTION 5.1, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, 10.14 OR IN ANY CERTIFICATE DELIVERED BY SELLER AT THE CLOSING, NEITHER SELLER NOR ANY OTHER PROVISION PERSON ON BEHALF OF SELLER MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WITH RESPECT TO SELLER, THE MEMBERS OF THE AGREEMENT COMPANY GROUP OR THE TRANSACTION AND ANY OTHER ASSETS, RIGHTS OR OBLIGATIONS TO BE CONTRIBUTED, CONVEYED, ASSIGNED, TRANSFERRED, AND DELIVERED HEREUNDER OR PURSUANT HERETO (INCLUDING THE SUBJECT INTERESTS), AND SELLER DISCLAIMS ANY SUCH OTHER REPRESENTATIONS OR WARRANTIES, WHETHER MADE BY SELLER, ANY OF ITS AFFILIATES OR REPRESENTATIVES, OR ANY OTHER COMMUNICATIONPERSON IN CONNECTION WITH THE TRANSACTION. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES CONTAINED IN ARTICLE III, REGARDING ARTICLE IV, SECTION 10.14 OR IN ANY CERTIFICATE DELIVERED BY SELLER AT THE PRODUCT CLOSING, SELLER HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY REPRESENTATION, WARRANTY, PROJECTION, FORECAST, STATEMENT, OR THE DATABASE LIBRARIESINFORMATION MADE, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIESCOMMUNICATED, INCLUDING, WITHOUT LIMITATIONOR FURNISHED (ORALLY OR IN WRITING) TO BUYER, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ITS AFFILIATES OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT REPRESENTATIVES OR ANY OTHER PERSON IN CONNECTION WITH THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESTRANSACTION.

Disclaimer. EXCEPT AS SET FORTH TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENDOR AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES (INCLUDING IMPLIED AND STATUTORY WARRANTIES) OTHER THAN THOSE EXPRESSLY PROVIDED IN SECTION 5.17.1 ABOVE, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN INCLUDING WITHOUT LIMITATION ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATAAND NON-INFRINGEMENT. THERE IS NO WARRANTY FURTHER, VENDOR AND ITS SUPPLIERS DO NOT WARRANT THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEANY SERVICE SHALL MEET CUSTOMER’S REQUIREMENTS, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ARE ERROR FREE. VENDOR DOES NOT PROVIDE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND ALL OBLIGATIONS OR LIABILITIES FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, MAINTENANCE OR PERFORMANCE THEREOF. ANY ESTIMATE REGARDING SCOPE, TIME OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSCOMPLETION, OMISSIONS, DELAYS, INTERRUPTIONSCOSTS, 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, OTHER MATTERS WHICH MAY GIVE RISE TO LOSS BE PROVIDED BY VENDOR ORALLY OR DAMAGEIN WRITING (WHETHER IN A STATEMENT OF WORK OR OTHERWISE) ARE GIVEN USING COMMERCIALLY REASONABLE METHODS OF ESTIMATION AND ARE IN GOOD FAITH, AND LICENSOR DOES BUT SHALL NOT UNDERTAKE BE CONSTRUED AS A WARRANTY OR GUARANTEE OF ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESTYPE.

Disclaimer. EXCEPT a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE KIDCABOO PROPERTIES IS AT YOUR SOLE RISK, AND THE KIDCABOO PROPERTIES ARE PROVIDED ON AN “AS SET FORTH IN SECTION 5.1IS” AND “AS AVAILABLE” BASIS, LICENSOR MAKES WITH ALL FAULTS. KIDCABOO AND LICENSEE RECEIVES NO ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “COVERED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIESREPRESENTATIONS, AND LICENSOR SPECIFICALLY DISCLAIMS CONDITIONS OF ANY AND ALL OTHER WARRANTIESKIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERRORAND NON-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 LOSSESINFRINGEMENT), INCLUDING INADVERTENT INTERRUPTION WITHOUT LIMITATION WITH RESPECT TO ANY CAR OR LOSS BOOSTER SEATS THAT MAY BE PROVIDED BY KIDCABOO OR DRIVING NANNIES OR THE INSTALLATION OF DATA SUCH CAR OR DAMAGE TO MEDIABOOSTER SEATS BY DRIVERS. THE COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE KIDCABOO PROPERTIES OR FOR THE CONDUCT OR PERFORMANCE OF THE DRIVING NANNIES, WHICH MAY GIVE RISE TO LOSS ARRANGERS, RIDERS, PARTICIPANTS, ENTERPRISE CUSTOMERS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESOTHER USERS.

Disclaimer. EXCEPT YOU EXPRESSLY ACKNOWLEDGE THAT THE PROGRAM AND SUBSCRIPTIONS (OR FEATURES THEREOF) MAY BE EXPERIMENTAL IN NATURE AND/OR IN A BETA PHASE AND AGREE THAT ACCESS TO AND/OR USE OF THE PROGRAM AND SUBSCRIPTIONS IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM AND SUBSCRIPTIONS ARE PROVIDED “AS SET FORTH IN SECTION 5.1IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. X DISCLAIMS ALL WARRANTIES AND CONDITIONS, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERRORPURPOSE, NON-FREEINFRINGEMENT, OR THAT THEY ARISING FROM COURSE OF DEALING OR PERFORMANCE. X MAKES NO WARRANTIES OR REPRESENTATIONS AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE PROGRAM AND SUBSCRIPTIONS, AND (II) WHETHER THE PROGRAM OR SUBSCRIPTIONS WILL OPERATE WITHOUT INTERRUPTION MEET YOUR REQUIREMENTS OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSBE AVAILABLE ON AN UNINTERRUPTED, OMISSIONS, DELAYS, INTERRUPTIONSSECURE, OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCTERROR- FREE BASIS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR X DOES NOT UNDERTAKE CONTROL, ENDORSE OR ADOPT YOUR SUBSCRIPTIONS ACCOUNT (INCLUDING ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORSCONTENT, OMISSIONS, INTERRUPTIONS, DELAYS, FEATURES OR LOSSESBENEFITS THEREIN).

Disclaimer. EXCEPT THE MARKET DATA IS PROVIDED “AS SET FORTH IN SECTION 5.1IS” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF WITH RESPECT TO ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. NEITHER THE EXCHANGE, NOR THE DISTRIBUTOR, NOR ANY PROVIDER OF MARKET DATA TO THE EXCHANGE, NOR ANY OF THEIR RESPECTIVE AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL HAVE ANY LIABILITY OF ANY KIND FOR ANY LOSS, DAMAGES, COST OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEEXPENSE (INCLUDING, BUT NOT LIMITED TO, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION PUNITIVE DAMAGES OR WILL FULFILL ANYDAMAGES FOR LOST PROFITS, TRADING LOSSES, OR LOST OPPORTUNITIES AND WHETHER BASED UPON CONTRACT, TORT, WARRANTY, OR OTHERWISE) DUE TO ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSINACCURACIES, OMISSIONS, DELAYS, INTERRUPTIONS, HUMAN 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 OTHER IRREGULARITIES IN THE MARKET DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORSCESSATION, OMISSIONSDISCONTINUANCE, INTERRUPTIONSFAILURE, DELAYSMALFUNCTION, DELAY, SUSPENSION, INTERRUPTION, OR LOSSESTERMINATION OF, OR WITH RESPECT TO, THE PROVISION OF THE MARKET DATA TO SUBSCRIBER, OR IN THE TRANSMISSION OR DELIVERY THEREOF, WHETHER OR NOT DUE TO ANY NEGLIGENT ACT OR OMISSION ON THE PART OF THE EXCHANGE OR DISTRIBUTOR.

Disclaimer. EXCEPT AS SET FORTH IN THIS SECTION 5.18, LICENSOR NEITHER WHATCOUNTS NOR ITS CONTRACTORS, LICENSORS AND SUPPLIERS MAKES AND LICENSEE RECEIVES NO WARRANTIESANY EXPRESS OR IMPLIED WARRANTY, EXPRESSREPRESENTATION, IMPLIED, STATUTORYCONDITION, OR IN ANY OTHER PROVISION OF AGREEMENT WITH RESPECT TO THE AGREEMENT SOFTWARE, SUPPORT, SERVICES, HOSTING SERVICES, OR ANY OTHER COMMUNICATIONADDITIONAL SERVICES. WHATCOUNTS AND ITS CONTRACTORS, REGARDING LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM AND EXCLUDE TO THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ACCURACY ARISING FROM USAGE, CONDUCT, OR COURSE OF TRADE. WHATCOUNTS DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED. Limitation of Liability, Remedy Limitation of Remedy. EXCEPT AS PROHIBITED BY LAW OR FOR CLAIMS ARISING UNDER SECTION 7.3, WHATCOUNTS, ITS CONTRACTORS, LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE TO CUSTOMER, AUTHORIZED USERS, OR ANY OTHER THIRD PARTIES, FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES FOR ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ALL SUBSCRIPTION SCHEDULES SERVICE SCHEDULES, OR AMENDMENTS THERETO, WHETHER IN CONTRACT OR TORT OR BY WAY OF INDEMNITY OR OTHERWISE, INCLUDING A BREACH THEREOF OR INCLUDING DAMAGES OR LIABILITIES FOR LOST PROFIT, LOST REVENUE, LOSS OF USE, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF DATA. THERE IS NO WARRANTY THAT , COSTS OF RECREATING LOST DATA, THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREECOST OF ANY SUBSTITUTE EQUIPMENT, PROGRAM, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONSDATA, OR LOSSES UNLESS CAUSED CLAIMS BY LICENSOR’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED AND AGREED THAT DATA ENTRY, COMMUNICATION AND STORAGE ARE SUBJECT TO A ANY THIRD PARTY REGARDLESS OF WHETHER THE POSSIBILITY OF HUMAN SUCH DAMAGES OR LIABILITIES HAVE BEEN COMMUNICATED TO WHATCOUNTS AND MACHINE ERRORS, OMISSIONS, DELAYS, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION REGARDLESS OF WHETHER WHATCOUNTS HAS OR LOSS GAINS KNOWLEDGE OF DATA THE EXISTENCE OF SUCH DAMAGES OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESLIABILITIES.

Disclaimer. EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED ABOVE IN PARAGRAPH 7(A), THE GUIDANCE SERVICE IS PROVIDED ON AN "AS SET FORTH IN SECTION 5.1IS," “AS AVAILABLE” BASIS. XXXX DEERE, LICENSOR MAKES ITS AFFILIATES AND LICENSEE RECEIVES NO WARRANTIESTHIRD PARTY SUPPLIERS EXPRESSLY DISCLAIM AND YOU EXPRESSLY WAIVE, EXPRESSRELEASE AND RENOUNCE ALL WARRANTIES OF XXXX DEERE, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIESITS AFFILIATES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY THIRD PARTY SUPPLIERS ARISING BY LAW OR OTHERWISE WITH RESPECT TO AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO: ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE; ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE; ANY WARRANTY AS TO ACCURACY OR AVAILABILITY OF DATATHE GUIDANCE SERVICE; ANY WARRANTY OF TITLE OR NON-INFRINGEMENT; AND ANY OTHER WARRANTY ARISING UNDER ANY THEORY OF LAW, INCLUDING TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. THERE IS NO REPRESENTATION OR OTHER AFFIRMATION OF FACT INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, SHALL BE DEEMED TO BE A WARRANTY THAT THE LICENSED PRODUCT BY JOHN DEERE OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES ITS AFFILIATES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESTHIRD PARTY SUPPLIERS.

Disclaimer. EXCEPT AS SET FORTH EXPRESSLY PROVIDED IN SECTION 5.18.3 (LIMITED WARRANTY), LICENSOR MAKES THE PRODUCT, OTHER LICENSED MATERIALS AND LICENSEE RECEIVES NO WARRANTIESWYVERN PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WYVERN DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORYCOLLATERAL, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATIONSTATUTORY WARRANTIES, REGARDING THE PRODUCT OR THE DATABASE LIBRARIESREPRESENTATIONS, AND LICENSOR SPECIFICALLY DISCLAIMS CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, CUSTOM, TRADE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ACCURACY ANY WARRANTIES OR CONDITIONS ARISING OUT OF DATA. THERE COURSE OF DEALING OR USAGE OF TRADE, OR THAT ANY COMPONENT OF THE WYVERN PLATFORM IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, FREE OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION INTERRUPTION. WITHOUT LIMITING THE FOREGOING, WYVERN EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT THE PRODUCT OR INFORMATION PROVIDED TO CUSTOMER IN CONNECTION WITH THE LICENSED MATERIALS (OR ANY PART THEREOF) IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY YOU FOR ANY PURPOSE WHATSOEVER. CUSTOMER UNDERSTANDS AND AGREES THAT CUSTOMER’S AND LICENSED USERS’ USE OF THE LICENSED MATERIALS AND PRODUCT IS AT YOUR OWN DISCRETION AND RISK, AND THAT WYVERN IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTIONS TAKEN BY CUSTOMER OR LICENSED USER AS A RESULT OF CUSTOMER’S OR LICENSED USERS’ USE OF OUR LICENSED MATERIALS AND PRODUCT OR FOR ANY DAMAGE TO PROPERTY OR ANY LOSS OF DATA. CUSTOMER IS RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF CUSTOMER’S AND LICENSED USERS’ COMPUTER SYSTEM. WYVERN DOES NOT GUARANTEE OR WARRANT THAT ANY COMPONENT OF THE PRODUCT OR WYVERN PLATFORM IS COMPATIBLE WITH CUSTOMER’S OR LICENSED USERS’ COMPUTER SYSTEM OR THAT THE PRODUCT OR WYVERN PLATFORM, OR ANY LINKS FROM ANY COMPONENT OF THE PRODUCT OR WYVERN PLATFORM, WILL FULFILL BE FREE OF DISABLING DEVICES. NEITHER WYVERN NOR ITS AFFILIATES, OR SUPPLIERS WARRANT THAT THE OPERATION OF THE PRODUCT OR WYVERN PLATFORM WILL BE ERROR FREE OR UNINTERRUPTED. WYVERN RESERVES THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR OR TO TAKE ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS ACTION REGARDING DISPUTES BETWEEN CUSTOMER AND ANY OTHER USER AND SHALL HAVE NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, CUSTOMER’S 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 LICENSED USERS’ INTERACTIONS OR LOSS OF DATA ANY DISPUTES WITH OTHER USERS OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, USER’S ACTION OR LOSSESINACTION. CUSTOMER IS SOLELY RESPONSIBLE FOR ITS AND LICENSED USERS’ CONDUCT ON THE WYVERN PLATFORM AND CUSTOMER OR LICENSED USERS’ INTERACTIONS WITH OTHER USERS.

Disclaimer. EXCEPT AS FOR THE EXCLUSIVE WARRANTIES SET FORTH IN SECTION 5.1THIS ENTERPRISE AGREEMENT, LICENSOR MAKES CLOUDERA AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIESWARRANTIES (EXPRESS OR IMPLIED, INCLUDINGORAL OR WRITTEN) WITH RESPECT TO THE CLOUDERA PRODUCTS, WITHOUT LIMITATIONHORTONWORKS PRODUCTS, THE SUPPORT SERVICES AND/OR THE SERVICES, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT CLOUDERA KNOWS, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEHAS REASON TO KNOW, HAS BEEN ADVISED, OR THAT THEY IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. CLOUDERA AND ITS SUPPLIERS MAKE NO WARRANTIES WITH RESPECT TO THE CLOUDERA PRODUCTS OR HORTONWORKS PRODUCTS BEING FREE FROM BUGS, ERRORS, OR OMISSIONS. THIS DISCLAIMER AND EXCLUSION WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL APPLY EVEN IF ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 THE EXPRESS WARRANTIES SET FORTH ABOVE FAILS OF HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESITS ESSENTIAL PURPOSE.

Disclaimer. EXCEPT AS THE REMEDIES SET FORTH IN SECTIONS 7.2, 7.3, 7.6a AND 8.2 SHALL CONSTITUTE ZEBRA’S SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE WARRANTY MADE BY MANUFACTURER IN SECTION 5.17.2. EXCEPT TO THE EXTENT OF ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, LICENSOR MAKES EACH PARTY EXPRESSLY DISCLAIMS, AND LICENSEE RECEIVES NO WARRANTIESEXPRESSLY WAIVES, ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN ANY OTHER PROVISION OF THE AGREEMENT TRADE OR ANY OTHER COMMUNICATIONOTHERWISE, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATIONINCLUDING COMPLIANCE WITH MATERIALS DECLARATION REQUIREMENTS, ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY INFRINGEMENT OR MISAPPROPRIATION OF DATAANY RIGHT, TITLE OR INTEREST OF ANY THIRD PARTY. THERE IS NO WARRANTY ZEBRA UNDERSTANDS AND AGREES THAT, WITH RESPECT TO ANY PRODUCT, IT SHALL HAVE FULL AND EXCLUSIVE LIABILITY, WHETHER *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Securities and Exchange Commission. FOR PRODUCT DESIGN LIABILITY, PRODUCT LIABILITY, DAMAGE TO PERSON OR PROPERTY AND/OR INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTY RIGHTS, EXCEPT IN EACH CASE TO THE EXTENT THAT THE LICENSED PRODUCT SAME ARISES FROM MANUFACTURER’S FAILURE TO FOLLOW SPECIFICATIONS OR DATABASE LIBRARIES WILL BE ERROR-FREEIS COVERED BY AN EXPRESS MANUFACTURER WARRANTY OR INDEMNITY SET FORTH IN THIS AGREEMENT OR ARISES FROM MANUFACTURER’S FAILURE TO PERFORM OBLIGATIONS UNDER SECTIONS 3.8d, 3.8e, 3.15, 3.16 OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION 3.17. NO ORAL OR WILL FULFILL WRITTEN STATEMENT OR REPRESENTATION BY MANUFACTURER, ITS AGENTS OR EMPLOYEES SHALL CONSTITUTE OR CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESWARRANTY HEREUNDER.

Disclaimer. EXCEPT AS SET FORTH IN SECTION 5.110.1, LICENSOR TSRI MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, WARRANTIES OR IN ANY OTHER PROVISION OF THE AGREEMENT REPRESENTATIONS CONCERNING LICENSED PATENT RIGHTS OR ANY OTHER COMMUNICATIONMATTER WHATSOEVER, REGARDING THE PRODUCT INCLUDING WITHOUT LIMITATION ANY EXPRESS, IMPLIED OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OF THIRD PARTY [*] Confidential treatment requested; certain information omitted and filed separately with the SEC. RIGHTS, TITLE, ACCURACY OR ACCURACY ARISING OUT OF DATACOURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND DISCLAIMS ALL SUCH EXPRESS, IMPLIED OR STATUTORY WARRANTIES. THERE TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY, SCOPE OR ENFORCEABILITY OF ANY OF THE LICENSED PATENT RIGHTS OR THAT ANY LICENSED PRODUCT OR LICENSED PATENT RIGHTS WILL NOT INFRINGE ANY THIRD PARTY RIGHTS, OR THAT NO THIRD PARTY IS IN ANY WAY INFRINGING UPON OR MAY INFRINGE UPON ANY LICENSED PATENT RIGHTS OR LICENSED BIOLOGICAL MATERIALS COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION OR WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF PATENT RIGHTS ARE SUITABLE FOR LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESPURPOSES.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, ALL INFORMATION, SERVICES, AND DELIVERABLES PROVIDED BY IT-CNS, INCLUDING WITHOUT LIMITATION THOSE PROVIDED BY IT-CNS UNDER THE FREE TARIFF AS DESCRIBED IN SECTION 5.1THE TARIFF SCHEDULE, LICENSOR MAKES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IT-CNS DISCLAIMS AND LICENSEE RECEIVES NO SUBSCRIBER HEREBY WAIVES ALL WARRANTIES, EXPRESS, EXPRESSED OR IMPLIED, STATUTORYINCLUDING BUT NOT LIMITED TO, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATIONTITLE, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATIONNONINFRINGEMENT, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY INTENDED USE, ANY WARRANTY OF COMPATIBILITY BETWEEN THE SERVICE AND SUBSCRIBER OWNED EQUIPMENT OR SOFTWARE, OR ANY LIABILITY IN NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, WITH RESPECT TO THE SERVICE, DELIVERABLES, SOFTWARE, OR DATA. THERE IS NO WARRANTY SUBSCRIBER AGREES THAT IT-CNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, EVEN IF IT-CNS HAS BEEN ADVISED OF THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESDAMAGES.

Disclaimer. EXCEPT (1) THE INFORMATION, FORMS, AGREEMENTS, AND GOODS AND SERVICES, FROM OR THROUGH THE SITE ARE PROVIDED “AS SET FORTH IN SECTION 5.1IS”, LICENSOR MAKES “AS AVAILABLE” AND LICENSEE RECEIVES NO ALL WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR IN ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY OTHER PROVISION IMPLIED WARRANTIES OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, MERCHANTABILITY AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE). THE FORMS, AGREEMENTS AND DOCUMENTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR ACCURACY OF DATAOTHER LIMITATIONS. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS CPA AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSA USER’S USE OF ANY INFORMATION, OMISSIONSFORM, DELAYSDOCUMENTS OR GOODS AND SERVICES. IN PARTICULAR, INTERRUPTIONSBUT NOT AS A LIMITATION THEREOF, CPA AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED AND AGREED THAT DATA ENTRYCONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, COMMUNICATION AND STORAGE ARE SUBJECT TO A LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF HUMAN SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CPA AND MACHINE ERRORSUSER. THIS SITE AND THE INFORMATION, OMISSIONSFORMS, DELAYS, AGREEMENTS,DOCUMENTS AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, GOODS AND LICENSOR DOES SERVICES WOULD NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY BE PROVIDED WITHOUT SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESLIMITATIONS.

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 SET FORTH FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN SECTION 5.1THIS AGREEMENT OR THE CLOSING DOCUMENTS EXECUTED BY SELLER, LICENSOR SELLER MAKES AND LICENSEE RECEIVES NO WARRANTIESWARRANTY, EXPRESS, EXPRESS OR IMPLIED, STATUTORYAS TO THE PROJECT, THE CONDITION OR IN ANY OTHER PROVISION STATE OF REPAIR OF THE AGREEMENT PROJECT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIESPORTION THEREOF, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO 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 WARRANTY PORTION THEREOF, OR OF MERCHANTABILITYANY 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 WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE PROJECT OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESPORTION THEREOF.

Disclaimer. IT IS EXPRESSLY AGREED THAT THE WARRANTY SET FORTH HEREIN AND ON EXHIBIT D SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF DOT VN, ITS CUSTOMERS AND END USERS. UNDER NO CIRCUMSTANCES SHALL EMS 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 HEREIN, THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. THE WARRANTY AND LIMITS OF LIABILITY CONTAINED HEREIN ARE IN SECTION 5.1, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION LIEU OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIESWARRANTIES AND LIABILITIES, INCLUDINGEXPRESSED OR IMPLIED ARISING BY LAW, WITHOUT LIMITATIONCUSTOM, ANY WARRANTY BY ORAL OR WRITTEN STATEMENTS. ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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, DELAYSNONINFRINGEMENT, AND LOSSESWARRANTIES ARISING FROM COURSE OF DEALING, INCLUDING INADVERTENT INTERRUPTION USAGE OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGETRADE PRACTICE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORSDUTIES OF LACK OF NEGLIGENCE OR WORKMANLIKE EFFORT ARE HEREBY DISCLAIMED BY EMS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSES.ITS LICENSORS AND REPRESENTATIVES. ARTICLE 8

Disclaimer. EXCEPT AS CREDIT UNION’S REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES, AND MEMBER’S RIGHTS AND REMEDIES, SET FORTH IN SECTION 5.1THIS AGREEMENT ARE EXCLUSIVE. CREDIT UNION AND ITS LICENSORS HEREBY DISCLAIM, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIESMEMBER HEREBY WAIVES AND RELEASES CREDIT UNION, EXPRESSITS LICENSORS AND THEIR RESPECTIVE OWNERS, OFFICERS AND EMPLOYEES FROM ALL OTHER REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, STATUTORYARISING BY LAW OR OTHERWISE, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS WITH RESPECT TO ANY AND ALL DOCUMENTS, SERVICES, INFORMATION, ASSISTANCE, SOFTWARE PROGRAMS, OR OTHER WARRANTIESMATTERS PROVIDED UNDER THIS AGREEMENT, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR SPECIFIC USE, PURPOSE OR APPLICATION, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (iii) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (iv) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. NOTWITHSTANDING THE GENERALITY OF DATA. THERE IS NO WARRANTY THE FOREGOING, NEITHER CREDIT UNION NOR ITS LICENSORS WARRANT THAT OPERATION OF THE LICENSED PRODUCT OR DATABASE LIBRARIES PROGRAM WILL BE ERROR-FREE, FREE OR THAT THEY ITS OPERATION WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESBE UNINTERRUPTED.

Disclaimer. EXCEPT AS FOR THE WARRANTIES SET FORTH IN SECTION 5.16.1 AND 6.2, LICENSOR MAKES CLOUDERA AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIESWARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, INCLUDINGORAL OR WRITTEN) WITH RESPECT TO THE CLOUDERA PRODUCTS, WITHOUT LIMITATIONTHE THIRD PARTY SOFTWARE, AND/OR THE SUPPORT SERVICES, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT CLOUDERA KNOWS, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEHAS REASON TO KNOW, HAS BEEN ADVISED, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NONINFRINGEMENT OR WILL FULFILL ANY CONDITION OF LICENSEE’S PARTICULAR PURPOSES OR NEEDSTITLE. LICENSOR UNDERTAKES OR ACCEPTS CLOUDERA AND ITS SUPPLIERS MAKE NO LIABILITY WHATSOEVER WARRANTIES WITH RESPECT TO LICENSEE FOR THE CLOUDERA PRODUCTS AND THE THIRD PARTY SOFTWARE BEING FREE FROM BUGS, ERRORS, OR OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES UNLESS CAUSED BY LICENSOR’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED THIS DISCLAIMER AND AGREED THAT DATA ENTRY, COMMUNICATION AND STORAGE ARE SUBJECT TO A POSSIBILITY EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESITS ESSENTIAL PURPOSE.

Disclaimer. EXCEPT AS FOR ANY EXPRESS WARRANTIES SET FORTH IN UNDER SECTION 5.17.1, LICENSOR MAKES GRYPHON AND LICENSEE RECEIVES NO WARRANTIESITS SUPPLIERS HEREBY DISCLAIM ALL (AND HAVE NOT AUTHORIZED ANYONE TO MAKE ANY) WARRANTIES RELATING TO THE SERVICE, EXPRESSPROFESSIONAL SERVICES OR OTHER SUBJECT MATTER OF THIS AGREEMENT, EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE PARTIES ARE NOT RELYING AND HAVE NOT RELIED ON ANY REPRESENTATIONS OR ACCURACY WARRANTIES WHATSOEVER REGARDING THE SUBJECT MATTER OF DATATHIS AGREEMENT, EXPRESS OR IMPLIED, EXCEPT FOR THE WARRANTIES SET FORTH UNDER SECTION 7.1. THERE IS XXXXXXX MAKES NO WARRANTY REGARDING ANY NON-GRYPHON APPLICATION WITH WHICH THE SERVICE MAY INTEROPERATE. GRYPHON SHALL HAVE NO OBLIGATION TO THE EXTENT THAT THE LICENSED PRODUCT ANY DEFICIENCY OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY FAILURE OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES UNLESS A SERVICE IS CAUSED BY LICENSOR(i) IMPROPER USE OR OPERATION OF THE SERVICE BY CUSTOMER; (ii) CUSTOMER’S WILLFUL MISCONDUCT. IT IS MUTUALLY ACKNOWLEDGED AND AGREED THAT DATA ENTRYREFUSAL OR DELAY TO IMPLEMENT UPGRADES TO THE SERVICES AS PROVIDED BY GRYPHON; (iii) FAILURE OR MALFUNCTION OF ANY ELECTRONIC, COMMUNICATION AND STORAGE ARE SUBJECT TECHNOLOGY OR TELECOMUNICATIONS EQUIPMENT OR RESOURCE NOT UNDER GRYPHON’S SOLE CONTROL; OR (iv) CUSTOMER REQUESTED MODIFICATION, CHANGE TO A POSSIBILITY OR ALTERATION OF HUMAN AND MACHINE ERRORSANY GRYPHON SERVICE DEFAULT CONFIGURATION, OMISSIONSSETTING, DELAYS, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION PROCESS OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESFUNCTIONALITY.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.16.1 AND 6.2 ABOVE, LICENSOR TASKTOP MAKES AND LICENSEE RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYOR STATUTORY REGARDING OR RELATING TO THE SERVICES, OR IN ANY OTHER PROVISION OF SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE AGREEMENT DOCUMEN- TATION OR ANY OTHER COMMUNICATIONMATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. TASKTOP DOES NOT WARRANT THAT THE SERVICES, REGARDING SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE PRODUCT DOCUMEN- TATION OR ANY MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR THAT THEY WILL BE FREE FROM DEFECTS OR THAT THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY PRODUCTS ARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. TASKTOP HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SERVICES, SUPPORT SERVICES, DELIVERABLES, WORK PRODUCT, PRODUCTS, THE DOCUMENTATION OR ACCURACY OF DATA. THERE IS NO WARRANTY ANY MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EXCEPT TO THE EXTENT THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL THESE DISCLAIMERS ARE HELD TO BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESLEGALLY INVALID.

Disclaimer. EXCEPT AS SET FORTH PROVIDED IN SECTION 5.12.4 AND SECTION 2.6, LICENSOR NEHANET MAKES AND LICENSEE RECEIVES NO WARRANTIESREPRESENTATION, WARRANTY, OR GUARANTY, WHETHER EXPRESS, IMPLIED, STATUTORYOR STATUTORY AS TO THE, TIMELINESS, , SUITABILITY, OR ACCURACY OF THE SERVICE. NEHANET DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER PROVISION HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET COMPANY'S REQUIREMENTS OR EXPECTATIONS, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY COMPANY THROUGH THE AGREEMENT SERVICE WILL MEET COMPANY'S REQUIREMENTS OR ANY OTHER COMMUNICATIONEXPECTATIONS, REGARDING OR (D) THE PRODUCT SERVICE OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL OTHER CONTENT IS PROVIDED TO COMPANY STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT OR DATABASE LIBRARIES WILL BE ERROR-FREEPURPOSE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY NON-INFRINGEMENT OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO LICENSEE FOR ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES UNLESS CAUSED THE MAXIMUM EXTENT PERMITTED 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESAPPLICABLE LAW BY NEHANET.

Disclaimer. EXCEPT AS FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5.16, LICENSOR NEITHER IONIC NOR OUR LICENSORS OR SUBCONTRACTORS MAKES AND LICENSEE RECEIVES NO WARRANTIESANY WARRANTY, EXPRESS, IMPLIED, IMPLIED OR STATUTORY, TO THE OTHER OR IN ANY OTHER PROVISION THIRD PARTY REGARDING THE PLATFORM, INCLUDING THE HOSTED SERVICES OR SOFTWARE, OR USE OF THE AGREEMENT OR SERVICES. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, IONIC AND OUR LICENSORS AND SUBCONTRACTORS EXPRESSLY EXCLUDE ANY OTHER COMMUNICATION, REGARDING THE PRODUCT OR THE DATABASE LIBRARIES, AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITYNON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF DATA. THERE IS NO PURPOSE, MERCHANTABILITY AND ANY OTHER WARRANTY THAT MIGHT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE REGARDING THE LICENSED PRODUCT PLATFORM OR DATABASE LIBRARIES THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (A) YOUR USE OF THE PLATFORM, INCLUDING THE HOSTING SERVICES AND SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREEFREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR THAT THEY DATA; OR (B) THE SERVICES WILL OPERATE WITHOUT INTERRUPTION MEET YOUR OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES YOUR AUTHORIZED USER'S REQUIREMENTS OR NEEDSEXPECTATIONS. LICENSOR UNDERTAKES OR ACCEPTS NO LIABILITY WHATSOEVER TO LICENSEE FOR ERRORSTHE PLATFORM, 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 INCLUDING THE HOSTED SERVICES MAY BE SUBJECT TO A POSSIBILITY OF HUMAN AND MACHINE ERRORS, OMISSIONSLIMITATIONS, DELAYS, AND LOSSES, INCLUDING INADVERTENT INTERRUPTION OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS THAT ARE PROVIDED BY THIRD PARTIES OTHER THAN US OR LOSS OF DATA OR DAMAGE TO MEDIA, WHICH MAY GIVE RISE TO LOSS OR DAMAGEOUR SUBCONTRACTORS, AND LICENSOR DOES WE ARE NOT UNDERTAKE ANY LIABILITY TO LICENSEE RESPONSIBLE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, DELIVERY FAILURES, OR LOSSESOTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THIS AGREEMENT IS A SERVICE AGREEMENT, AND THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE THEREFORE SHALL NOT APPLY.

Disclaimer. EXCEPT AS SET FORTH OTHERWISE EXPRESSLY PROVIDED IN SECTION 5.1, LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THE THIS AGREEMENT OR THE MASTER COLLABORATION AGREEMENT, NEITHER PARTY MAKES ANY OTHER COMMUNICATIONREPRESENTATIONS OR EXTENDS ANY WARRANTY OF ANY KIND, REGARDING THE PRODUCT EITHER EXPRESS OR THE DATABASE LIBRARIES, IMPLIED (AND LICENSOR SPECIFICALLY EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIESREPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT), INCLUDINGINCLUDING WITH RESPECT TO ANY PATENTS OR KNOW-HOW, WITHOUT LIMITATIONOR MATERIALS, INCLUDING WARRANTIES OF VALIDITY OR ENFORCEABILITY OF ANY WARRANTY OF PATENTS, TITLE, QUALITY, COMPLETENESS, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE, AND NONINFRINGEMENT OF ANY THIRD PARTY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR THE MASTER COLLABORATION AGREEMENT, EACH PARTY DISCLAIMS ANY WARRANTIES WITH REGARDS TO: (A) THE SUCCESS OF ANY LICENSED ANTIBODIES OR LICENSED PRODUCTS; OR (B) THE SAFETY OR USEFULNESS FOR ANY PURPOSE OR ACCURACY OF DATA. THERE IS NO WARRANTY THAT THE LICENSED PRODUCT ANTIBODIES, LICENSED PRODUCTS, TECHNOLOGY OR DATABASE LIBRARIES WILL BE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. 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 GIVE RISE TO LOSS OR DAMAGE, AND LICENSOR DOES NOT UNDERTAKE ANY LIABILITY TO LICENSEE FOR ANY SUCH ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR LOSSESMATERIALS.