Common use of Disclaimer Clause in Contracts

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 1518, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY MONTYCLOUD PLATFORM IS PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS-AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. THE MONTYCLOUD PLATFORM IS PROVIDED WITHOUT WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR (v) CAPACITYUSAGE OF TRADE. CUSTOMER SHOULD TAKE APPROPRIATE STEPS TO SAFEGUARD IMPORTANT DATA USED IN CONNECTION WITH OR INPUT INTO THE MONTYCLOUD PLATFORM. CUSTOMER HEREBY WAIVES, RELEASES, AND DISCLAIMS, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MONTYCLOUD PLATFORM OR RESULT INCLUDING ANY WARRANTY THAT THE MONTYCLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM OR OTHER SERVICES, BE SECURE, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS ANY MATERIALS OR CUSTOMER DATA PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY BY CUSTOMER OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; A THIRD PARTY WILL BE SECURE OR (b) RESULTING FROM ANY ACTION NOT OTHERWISE LOST OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSDAMAGED.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15WARRANTIES ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAS APPLICABLE, THE SERVICES ARE PROVIDED “AS-IS” ALL EXPRESS, IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES (INCLUDING WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF (i) MERCHANTABILITY; (ii) , QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE; (iiiPURPOSE) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS PROVIDED ON THE BASIS THAT THE OPERATION END USER IS PURCHASING THE HARDWARE FOR THE PURPOSES OF THE SERVICES IS ERROR-FREEA BUSINESS, AND NOT FOR HOUSEHOLD OR CONSUMER USE. EXCEPT AS PROVIDED HEREVOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, THE ENTIRE RISK AND LIABILITY ARISING OUT IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER ITS PROVISIONS OR ANY THIRD PARTIES; RIGHTS HEREUNDER. IF ANY CONDITION OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA WARRANTY IMPLIED BY LAW IN RELATION TO THE SALE OR SUPPLY OF GOODS WHICH CANNOT CONTROL PERFORMANCE OF LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEAEXTENT PERMITTED BY LAW, END USER’S NETWORK OR OVER THE INTERNET, WHICH DEPEND REMEDY IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS RESPECT OF SUCH THIRD PARTIES CAN IMPAIR CONDITION OR DISRUPT SUBSCRIBERWARRANTY IS LIMITED, AT VOCERA’S CONNECTIONS OPTION, TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO SOLE AND EXCLUSIVE REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSSTATED IN THE APPLICABLE WARRANTY CLAUSE ABOVE.

Disclaimer. EXCEPT FOR AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15SUPPLY AGREEMENT OR THE APA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY EACH PARTY EXPRESSLY DISCLAIMS AND HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND OR CHARACTER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; NON-INFRINGEMENT WITH RESPECT TO THE TECHNOLOGY, IMPROVEMENTS, THE ▇▇▇▇ (iiiAS DEFINED IN SECTION 13.10 BELOW) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT AND THE OPERATION OF THE SERVICES IS ERROR-FREELICENSED PRODUCTS. EXCEPT AS PROVIDED HERE, TO ANY LIABILITY OR DAMAGES ARISING FROM THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE INDEMNITY OBLIGATIONS SET FORTH IN ARTICLE 10 OR BREACH OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETCONFIDENTIALITY OBLIGATIONS AS SET FORTH IN ARTICLE 7, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTSMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLYNEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, NWEA DISCLAIMS ANY LIABILITY RESULTING INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROPERTY OR CAPITAL, OR OTHER DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR THE OPERATION OR USE OF THE TECHNOLOGY, IMPROVEMENTS, ▇▇▇▇ AND THE LICENSED PRODUCTS, INCLUDING WITHOUT LIMITATION, THE INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS BY THE LICENSED PRODUCTS, DAMAGES ARISING FROM LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, THE USE OR INABILITY TO USE ANY TECHNOLOGY OR LICENSED PRODUCTS, REGARDLESS OF HOW SUCH EVENTSLOSS OR DAMAGE MAY HAVE OCCURRED AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE TECHNOLOGY AND THE ▇▇▇▇ ARE BEING DELIVERED TO LICENSEE AND LICENSEE IMPROVEMENTS ARE BEING PROVIDED TO HONEYWELL ON AN “AS IS” AND “WHERE IS” BASIS, SUBJECT TO ACTUAL AVAILABILITY, IN THE DATA FORMAT EXISTING AS OF THE EFFECTIVE DATE WHICH MAY INCLUDE, WITHOUT LIMITATION, PAPER AND ELECTRONIC FORMATS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWNEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES REPRESENTATION OR WARRANTY OF (iA) MERCHANTABILITY; , (iiB) FITNESS FOR A PARTICULAR PURPOSE USE OR USE; PURPOSE, (iiiC) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERRORNON-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED INFRINGEMENT BY THIRD PARTIES, (D) INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS, (E) VALIDITY OR ENFORCEABILITY OF THE ASKBIO PATENT RIGHTS; (F) COMMERCIAL UTILITY, (G) THAT ANY PATENT APPLICATION INCLUDED IN THE ASKBIO PATENT RIGHTS WILL ULTIMATELY ISSUE, (H) SAFETY, RELIABILITY, OR EFFICACY OF ANY LICENSED PRODUCT(S), OR (I) THAT ANY LICENSED PRODUCT(S) DEVELOPED FROM THE ASKBIO PATENT RIGHTS WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS THE FOREGOING SET FORTH IN SUBSECTIONS (A)-(I). AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS ****CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSOMITTED PORTIONS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED PRODUCT WARRANTY EXPRESSLY PROVIDED IN UNDER SECTION 155.11(a), UCB HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW ALL REPRESENTATIONS AND WARRANTIES, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS WHETHER WRITTEN OR ORAL OR EXPRESSED OR IMPLIED, INCLUDINGWITH RESPECT TO PRODUCT SUPPLIED IN CONNECTION WITH SECTION 5.11, BUT NOT LIMITED TOINCLUDING ANY REPRESENTATION OR WARRANTY OF QUALITY, ANY IMPLIED WARRANTIES OF (i) PERFORMANCE, MERCHANTABILITY; (ii) , OR FITNESS FOR A PARTICULAR PURPOSE USE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, OR THAT THE OPERATION 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 16.2 OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSAGREEMENT.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY PROVIDED IN SECTION 15THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSPONSOR UNDER THIS AGREEMENT “AS IS”, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, . NOTWITHSTANDING ANY IMPLIED OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF (i) MERCHANTABILITY; (ii) , OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR USE; PERFORMANCE OR USAGE OF TRADE, (iii2) QUALITY; UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (iv12) PRODUCTIVENESS; MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR (v) CAPACITYLIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR THAT THE OPERATION CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS POSSIBILITY OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSDAMAGES.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15GIVEN ONLY TO END USERS PURSUANT TO ENOVA'S END USER LICENSE AND WARRANTY, ENOVA GIVES NO WARRANTIES REGARDING ENOVA AND THIRD-PARTY PRODUCTS, PARTS, AND SERVICES THAT ENOVA PROVIDES HEREUNDER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDDISCLAIMS ALL EXPRESS, EITHER EXPRESS OR IMPLIEDIMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE APPLICATION OF THE FOREGOING DISCLAIMER, THE PARTIES RECOGNIZE AND AGREE THAT THE ENOVA PRODUCTS AND PARTS MAY ENCOUNTER OPERATIONAL DIFFICULTIES. ENOVA DOES NOT WARRANT (I) THAT THE ENOVA PRODUCTS AND PARTS WILL MEET PURCHASER'S OR THE END USER'S REQUIREMENTS, (II) THAT THE ENOVA PRODUCTS AND PARTS WILL OPERATE IN THE COMBINATIONS WHICH THE END USER MAY SELECT FOR USE; , (iiiIII) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ENOVA PRODUCTS AND PARTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR (IV) THAT MALFUNCTIONS IN THE ENOVA PRODUCTS AND PARTS CAN BE CORRECTED. EXCEPT AS PROVIDED HEREFOR ACTIONS FOR NONPAYMENT OR BREACH OF CONFIDENTIALITY OR IP RIGHTS, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION FOR AN ALLEGED BREACH OF ANY CONTRACT OF SALE OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR WARRANTY MUST BE COMMENCED WITHIN ONE (c1) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE AFTER THE DATE ON WHICH THE CAUSE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSACTION ACCRUES.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY CUSTOMER UNDERSTANDS AND AGREES THAT (i) FNB’S SOLE LIABILITY WITH RESPECT TO SERVICES PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREUNDER SHALL BE AS SET FORTH HEREIN; AND (ii) ALL CUSTOMER COMPLAINTS AND CLAIMS CONCERNING THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF TO BE MADE SOLELY AND EXCLUSIVELY AGAINST PROCESSOR. IN THE EVENT THAT FNB FAILS TO PERFORM SERVICES PROPERLY, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND FNB’S SOLE OBLIGATION SHALL BE FOR FNB TO REPERFORM THE SERVICES AT ITS OWN EXPENSE, AT PROCESSOR’S DIRECTION. FNB DISCLAIMS ANY KINDAND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL IN RESPECT OF THE SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. SERVICES ARE NOT WARRANTED TO BE FREE FROM ERROR OR USE; INTERRUPTION. FNB SHALL HAVE NO LIABILITY, WHETHER ARISING IN CONTRACT, TORT (iiiINCLUDING NEGLIGENCE AND STRICT LIABILITY) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYOTHERWISE, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY TO CUSTOMER ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSTHIS AGREEMENT OR FNB’S SERVICES. IN NO EVENT WILL FNB BE LIABLE TO CUSTOMER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER FNB WAS INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER ANY LIMITED REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE REASONABLE GIVEN THE FACT THAT NO COMPENSATION IS BEING PAID TO FNB BY CUSTOMER HEREUNDER. CUSTOMER’S REMEDIES HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES IN LAW OR EQUITY.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOTHERWISE SET FORTH IN THIS AGREEMENT, EACH PARTY ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ITS RESPECTIVE USE OF THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY ASSIGNED PATENTS, ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP AND DEMAND MEDIA LICENSED IP. NEITHER PARTY MAKES, AND EACH PARTY EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIEDKIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WARRANTIES OF TITLE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYNON-INFRINGEMENT, OR ANY WARRANTY THAT THE OPERATION OF THE SERVICES IS ERROR-ASSIGNED PATENTS, ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP OR DEMAND MEDIA LICENSED IP ARE “ERROR FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER ” OR ANY THIRD PARTIES; WARRANTY OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLYTHE ASSIGNED PATENTS, NWEA DISCLAIMS ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP OR DEMAND MEDIA LICENSED IP ARE FREE OF ANY LIABILITY RESULTING FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CORRUPTED FILES OR RELATED OTHER COMPUTER PROGRAMMING THAT IS INTENDED TO SUCH EVENTSDAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEMS, DATA, PERSONAL INFORMATION OR PROPERTY OF ANOTHER.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE EXTENT PERMITTED BY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), NEITHER MONKEY NOR ANY OF ITS THIRD PARTY VENDORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH OF MONKEY AND ITS THIRD PARTY VENDORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15A PARTICULAR PURPOSE, AND ACCURACY OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, AND ANY OTHER TECHNOLOGY OR FEATURES USED BY CUSTOMER IN CONNECTION WITH THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TREATMENTS, PROCEDURES, INFORMATION, IMAGES, THIRD-PARTY PRODUCTS, MEDICATIONS AND OTHER MATTERS REFERENCED BY THE PRODUCTS OR SERVICES, REMAINS WITH SUBSCRIBERCUSTOMER. THERE IS NO WARRANTY FOR DATA SECURITY ADDITIONALLY, NEITHER MONKEY NOR ITS THIRD PARTY VENDORS WARRANT OR PERFORMANCE ISSUES MAKE ANY REPRESENTATION REGARDING (aA) CAUSED BY FACTORS OUTSIDE THE USE OR THE RESULTS OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION THE USE OF SUBSCRIBER ITS MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, WEBSITES OR ANY THIRD PARTIES; PARTY PRODUCTS, SERVICES OR WEBSITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, OR (cB) RESULTING FROM SCHEDULED THE ACCURACY OF CODES, IMAGES, INFORMATION OR OTHER DATA PROVIDED BY THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE PERIODSSERVICES. NWEA CANNOT CONTROL THE CLINICAL INFORMATION PROVIDED BY THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES IS INTENDED AS A SUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL AND JUDGMENT OF DOCTORS, OR OTHER HEALTHCARE PROFESSIONALS IN PATIENT CARE. THE ABSENCE OF A WARNING FOR A GIVEN DRUG OR DRUG COMBINATION OR OTHER TREATMENT SHOULD NOT BE CONSTRUED TO INDICATE THAT THE DRUG OR DRUG COMBINATION OR OTHER TREATMENT IS SAFE, APPROPRIATE OR EFFECTIVE IN ANY GIVEN PATIENT. MONKEY AND ITS THIRD PARTY VENDORS ARE NOT A HEALTH PLAN, HEALTH CARE PROVIDER OR PRESCRIBER. NEITHER MONKEY NOR ITS THIRD PARTY VENDORS GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, WEBSITES AND THE CONTENTS THEREOF, SERVICE ELEMENTS OR RELATED SOFTWARE. CUSTOMER ASSUMES THE ENTIRE RISK WITH RESPECT TO THE PERFORMANCE AND RESULTS OBTAINED IN CONNECTION WITH THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES AND CUSTOMER’S USE OF THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES BASED ON IN CONNECTION WITH CUSTOMER’S HARDWARE. MONKEY AND ITS THIRD PARTY VENDORS SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY THE FLOW INTERACTION OF DATA TO THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES WITH ANY DEVICE OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE ANY INFORMATION TECHNOLOGY INFRASTRUCTURE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSCUSTOMER.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS EXPRESSLY SET OUT IN SECTION 15, 9.1: (A) THE SERVICE AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY THOUGHTFARMER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES CUSTOMER ARE PROVIDED “AS-AS IS” ”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND; (B) THOUGHTFARMER HEREBY DISCLAIMS ALL EXPRESS, EITHER EXPRESS OR IMPLIED, INCLUDINGCOLLATERAL OR STATUTORY WARRANTIES, BUT NOT LIMITED TOREPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE; (iiiC) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THOUGHTFARMER DOES NOT WARRANT THAT THE OPERATION SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE; AND (D) WITHOUT LIMITING THE GENERALITY OF ANY OF THE SERVICES IS ERROR-FREE. EXCEPT AS FOREGOING, THOUGHTFARMER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICE (INCLUDING ALERTS AND RECOMMENDATIONS) IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY PURPOSE WHATSOEVER.THOUGHTFARMER IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD PARTY PROVIDER OF ANY SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO INTERNET SERVICE PROVIDERS, HOSTING SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED UTILIZED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER THOUGHTFARMER, TELECOMMUNICATIONS PROVIDERS, OR ANY THIRD PARTIES; SOFTWARE OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES HARDWARE NOT PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSTHOUGHTFARMER.

Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, AND, EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES SET FORTH IN THIS SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW6, THE IRONNET HARDWARE, THE IRONNET OFFERINGS, IAND SERVICES ARE PROVIDED “ON AN AS-IS” WITHOUT WARRANTY IS BASIS. CUSTOMER’S USE OF THE IRONNET HARDWARE, THE IRONNET OFFERINGS, AND IRONNET SERVICES IS AT ITS OWN RISK. IRONNET DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY KIND, EITHER AND ALL OTHER EXPRESS AND/OR IMPLIEDIMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO AGENT OR RESELLER OF IRONNET IS AUTHORIZED TO ALTER OR EXPAND THE WARRANTIES OF IRONNET AS SET FORTH HEREIN. IRONNET DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES IS ERROR-IRONNET HARDWARE AND IRONNET OFFERINGS ARE OR WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT CUSTOMER ACKNOWLEDGES AND AGREES THAT AN IRONNET OFFERING (AS PROVIDED HEREWITH TECHNOLOGY GENERALLY), THE ENTIRE RISK MAY HAVE ERRORS (OR “BUGS”) AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCURMAY ENCOUNTER UNEXPECTED TECHNICAL PROBLEMS. ACCORDINGLY, NWEA DISCLAIMS FROM TIME TO TIME, CUSTOMER MAY EXPERIENCE DOWNTIME AND ERRORS IN THE OPERATION, FUNCTIONALITY OR PERFORMANCE OF AN IRONNET OFFERING. ACCORDINGLY, CUSTOMER SHALL PUT IN PLACE REASONABLE INTERNAL PROCEDURES AND PROCESSES TO ENABLE IT TO MINIMIZE ANY LIABILITY RESULTING FROM INCONVENIENCE AND ANY ADVERSE IMPACT OF ANY SUCH DOWNTIME OR RELATED TO SUCH EVENTSERROR.

Disclaimer. EXCEPT FOR AS EXPRESSLY SET FORTH IN ARTICLE 16, SRI DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, STATUTORY OR OTHERWISE, CONCERNING THE TECHNOLOGY OR ANY TECHNICAL INFORMATION COMMUNICATED TO EUROBIOTECH BY SRI. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, SRI MAKES NO EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT OR IMPLIED WARRANTY OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OTHERWISE), QUALITY OR (v) CAPACITY, USEFULNESS OF THE TECHNOLOGY. ALL PHYSICAL EMBODIMENTS OF THE TECHNOLOGY PROVIDED BY SRI HEREUNDER ARE PROVIDED ON AN "AS IS" BASIS. SRI DOES NOT WARRANT THE ACCURACY OF ANY INFORMATION INCLUDED WITHIN THE TECHNICAL INFORMATION NOR DOES SRI WARRANT THAT ANY SUCH INFORMATION CONSTITUTES TRADE SECRETS OR CONFIDENTIAL INFORMATION OR THAT THE OPERATION PATENTS WILL BE FREE FROM CLAIMS OF INFRINGEMENT BY THIRD PARTIES OR ANY OTHER RIGHTS OF THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OTHER PARTY OR ANY THIRD PARTIES; PARTY FOR ANY INCIDENTAL OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO CONSEQUENTIAL DAMAGES IN TORT, CONTRACT, STRICT LIABILITY OR FROM NWEA’S NETWORK OTHERWISE INCURRED BY OTHER PARTY OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY ANY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSPARTY.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPED OR ERROR-FREE SERVICE, ERROR CORRECTION, AVAILABIITY, ACCURACY, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES . G2 CONTENT AND SITE PROFILES ARE PROVIDED “AS-AS IS” WITHOUT WARRANTY AND AS AVAILABLE, EXCLUSIVE OF ANY KINDWARRANTY WHATSOEVER. FURTHERMORE, EITHER EXPRESS OR IMPLIEDTO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDINGG2 SPECIFICALLY DISCLAIMS ALL WARRANTIES AND GUARANTEES REGARDING (A) PERFORMANCE, BUT NOT LIMITED TOQUALITY, ANY IMPLIED WARRANTIES OF AND RESULTS, (iB) MERCHANTABILITY; CLICK RATES AND CONVERSIONS, AND (iiC) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION ACCURACY OF THE SERVICES IS ERRORINFORMATION THAT G2 PROVIDES IN CONNECTION WITH THE SITE AND/OR THE G2 CONTENT. G2 SHALL NOT BE LIABLE FOR NON-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S DUE TO CAUSES BEYOND ITS REASONABLE CONTROL; OR (b. With respect to the Application(s), You acknowledge that G2 does not control the transfer of data over telecommunications facilities, including the internet. G2 does not warrant secure operation of the Application(s) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (cor that it will be able to prevent third-party disruptions of the Application(s). You acknowledge further that the Application(s) RESULTING FROM SCHEDULED MAINTENANCE PERIODSmay be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETG2 is not responsible for any delays, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMESdelivery failures, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSor other damage resulting from such problems with the use of the internet or electronic communications.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY PROVIDED IN SECTION 15HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TTEC SERVICES AND DOCUMENTATION ARE PROVIDED DELIVERED “AS-AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KINDKIND BY EITHER TTEC OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, EITHER EXPRESS PRODUCTION, DISTRIBUTION OR IMPLIEDDELIVERY OF THE APPLICATION, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON-INFRINGEMENT. TTEC MAKES NO REPRESENTATIONS OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; WARRANTIES ABOUT THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY OR (v) CAPACITYSUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE TTEC SERVICES OR DOCUMENTATION. TTEC MAKES NO WARRANTY THAT THE TTEC SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR THAT WILL MEET CLIENT’S REQUIREMENTS. THE OPERATION OF THE TTEC SERVICES IS ERROR-FREEARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK TTEC DOES NOT AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEATTEC’S NETWORK OR OVER AND OTHER PORTIONS OF THE INTERNET, WHICH DEPEND . SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIESPARTIES (SUCH AS NETWORK CARRIERS). AT TIMES, ACTIONS, OR IN ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBERCLIENT’S CONNECTIONS TO THE INTERNETINTERNET (OR PORTIONS THEREOF). ALTHOUGH NWEA USES TTEC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND TO AVOID SUCH EVENTS, NWEA DOES NOT TTEC CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA TTEC DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. CLIENT IS SOLELY RESPONSIBLE FOR THE CONNECTION TO THE SERVICES, INCLUDING THE INTERNET CONNECTION.

Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT THE SERVICES ARE BEING PROVIDED “AS IS” AND “AS AVAILABLE,” AND EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES EXPRESSLY SET FORTH IN SECTION 15THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAIRCALL MAKES NO OTHER WARRANTIES, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY INCLUDING THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR (v) CAPACITYOTHERWISE. IN THE EVENT AIRCALL MAY NOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. AIRCALL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE OPERATION SITE OR ANY PORTION OF THE SERVICES IS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, CONTINUOUS, ERROR-FREE. EXCEPT AS PROVIDED HEREFREE OR WILL OPERATE WITHOUT PACKET LOSS, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM NOR DOES AIRCALL WARRANT ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA CONNECTION TO OR TRANSMISSION FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON OR ANY QUALITY OF CALLS MADE THROUGH THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIESSERVICES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY CUSTOMER ALSO ACKNOWLEDGES AND AVOID SUCH EVENTS, NWEA DOES NOT AGREES THAT AIRCALL CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLYIP BASED COMMUNICATIONS ARE COMPLETELY SECURE, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM ERROR OR RELATED TO SUCH EVENTSVIRUS-FREE.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY BANK’S REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES, AND CUSTOMER'S RIGHTS AND REMEDIES, SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. ANY SOFTWARE PROVIDED IN SECTION 15BY BANK AND ITS LICENSORS IS PROVIDED "AS IS". CUSTOMER HEREBY WAIVES AND RELEASES BANK AND ITS LICENSORS AND THEIR RESPECTIVE OWNERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOFFICERS, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY AND EMPLOYEES FROM, ALL OTHER REPRESENTATIONS, WARRANTIES OF ANY KINDNATURE, EITHER OBLIGATIONS, AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, INCLUDINGARISING BY LAW OR OTHERWISE, BUT NOT LIMITED TOWITH RESPECT TO THE SOFTWARE, DOCUMENTATION, AUTHORIZED EQUIPMENT AND ANY AND ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: 1. ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR USE, PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYAPPLICATION, 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 4. ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER BANK NOR OUR LICENSORS WARRANT THAT THE OPERATION OF THE SERVICES IS SOFTWARE OR THE AUTHORIZED EQUIPMENT WILL BE ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY FREE OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSUNINTERRUPTED.

Disclaimer. EXCEPT FOR UI ACKNOWLEDGES AND AGREES THAT CL&P IS LICENSING THE EXPRESS LIMITED WARRANTY PROVIDED LICENSED PREMISES "AS IS, WHERE IS" AS OF THE DATE HEREOF, AND IN SECTION 15ITS CONDITION AS OF THE DATE HEREOF, AND THAT PRIOR TO THE MAXIMUM EXTENT PERMITTED EXECUTION OF THIS AGREEMENT, UI HAS CONDUCTED TO ITS SATISFACTION ALL NECESSARY AND SUFFICIENT EXAMINATION OF THE LICENSED PREMISES, AND THAT UI IS RELYING ON ITS OWN EXAMINATION OF THE LICENSED PREMISES, AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY MADE BY APPLICABLE CL&P. CL&P EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY, USAGE, OR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE) AS TO THE LICENSED PREMISES, INCLUDING WHETHER THE GRANTING OF THE LICENSE HEREUNDER VIOLATES ANY INSTRUMENT, MORTGAGE, INDENTURE, DEED OF TRUST, AGREEMENT, CONTRACT AND/OR PERMIT RELATED TO THE LICENSED PREMISES, OR COMPLIANCE WITH ANY LAW, OR AS TO THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYTHE LICENSED PREMISES, OR THAT ANY PART THEREOF, INCLUDING WHETHER CL&P POSSESSES SUFFICIENT RIGHTS TO PERMIT THE PRESENCE AND OPERATION OF THE SERVICES IS ERROR-FREEGROUP OF PURCHASED UI ASSETS ON THE LICENSED PREMISES. EXCEPT AS PROVIDED HERECL&P FURTHER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING TITLE TO THE LICENSED PREMISES, THE ENTIRE RISK AND ABSENCE OF HAZARDOUS MATERIALS ON, IN AND/OR UNDER THE LICENSED PREMISES, OR LIABILITY OR POTENTIAL LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM UNDER ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSENVIRONMENTAL LAW.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY PROVIDED IN SECTION 158.2 (SERVICE, SOFTWARE, API/XML, REVEL POS PLATFORM WARRANTY) AND SECTION 8.3 (PROFESSIONAL SERVICES WARRANTY) AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REVEL POS PLATFORM, SERVICE, SOFTWARE, API/XML, SUPPORT SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED “AS-AS IS” WITHOUT WARRANTY AND REVEL, ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOAND DISCLAIM ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES, INCLUDING ANY WARRANTIES OF (i) MERCHANTABILITY; (ii) , SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. REVEL DOES NOT REPRESENT OR WARRANT THAT THE REVEL POS PLATFORM, SERVICE, SOFTWARE OR API/XML WILL BE ERROR FREE, UNINTERRUPTED OR FREE OF HARMFUL COMPONENTS OR THAT CUSTOMER DATA OR CUSTOMER MATERIALS, WILL BE SECURE OR NOT LOST OR DAMAGED. REVEL SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY INTERNET AND ELECTRONIC COMMUNICATIONS OR PERFORMANCE ISSUES (a) OTHER SYSTEMS OUTSIDE ITS REASONABLE CONTROL, INCLUDING ANY HARM OR DAMAGES CAUSED BY FACTORS OUTSIDE THIRD-PARTY HOSTING PROVIDERS. THE LIMITED WARRANTIES PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT. ▇▇▇▇▇ MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ON BEHALF OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSPARTY PROVIDER.

Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT THE SERVICES ARE BEING PROVIDED “AS IS” AND “AS AVAILABLE,” AND EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES EXPRESSLY SET FORTH IN SECTION 15THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAIRCALL MAKES NO OTHER WARRANTIES, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY TO THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR (v) CAPACITYOTHERWISE. IN THE EVENT AIRCALL MAY NOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. AIRCALL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE OPERATION SITE OR ANY PORTION OF THE SERVICES IS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, CONTINUOUS, ERROR-FREE. EXCEPT AS PROVIDED HEREFREE OR WILL OPERATE WITHOUT PACKET LOSS, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM NOR DOES AIRCALL WARRANT ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA CONNECTION TO OR TRANSMISSION FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON OR ANY QUALITY OF CALLS MADE THROUGH THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIESSERVICES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY CUSTOMER ALSO ACKKNOWLEDGES AND AVOID SUCH EVENTS, NWEA DOES NOT AGREES THAT AIRCALL CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLYIP BASED COMMUNICATIONS ARE COMPLETELY SECURE, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM ERROR OR RELATED TO SUCH EVENTSVIRUS-FREE.

Disclaimer. EXCEPT TimeXtender WARRANTS ONLY THAT THE MEDIA ON WHICH THE SOFTWARE IS FURNISHED SHALL BE FREE FROM MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR NINETY (90) DAYS FROM THE EXPRESS LIMITED DATE OF LICENSE ON THE SOFTWARE AGREEMENT. TimeXtender ALSO WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE PRODUCT, PROVIDED THAT THE SOFTWARE IS PROPERLY USED ON THE OPERATING SYSTEMS AND/OR NETWORK FOR WHICH IT IS DESIGNED AND IN ACCORDANCE WITH THE DOCUMENTATION. IF THE SOFTWARE IS DEFECTIVE SUCH THAT IT DOES NOT PERFORM SUBSTANTIALLY IN ACCORDANCE WITH SUCH DOCUMENTATION, TimeXtender MUST BE NOTIFIED IN WRITING WITHIN THE NINETY (90) DAY WARRANTY PROVIDED PERIOD. IN SECTION 15THE EVENT OF A FAILURE OF THE SOFTWARE TO SO PERFORM THAT IS MADE KNOWN TO TimeXtender WITHIN SAID NINETY (90) DAY PERIOD, TimeXtender’s SOLE AND EXCLUSIVE RESPONSIBILITY AND THE SOLE AND EXCLUSIVE REMEDY UNDER THE FOREGOING WARRANTY SHALL BE TO BRING THE SOFTWARE IN MATERIAL CONFORMANCE WITH THE DOCUMENTATION, OR, IN THE EVENT SUCH CORRECTIVE MEASURES ARE NOT POSSIBLE, TO PROVIDE A FULL REFUND OF THE MAXIMUM EXTENT PERMITTED SOFTWARE PRODUCT SALES REVENUE PAID BY APPLICABLE LAWTHE AFFECTED CUSTOMER. THIS WARRANTY SHALL BECOME VOID AND OF NO EFFECT IN THE EVENT OF, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF AND TimeXtender SHALL NOT BE LIABLE FOR, ANY KINDDAMAGE, EITHER EXPRESS LOSS, OR IMPLIED, LIABILITY (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (iCONSEQUENTIAL DAMAGES) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE RESULTING DIRECTLY OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYINDIRECTLY FROM ACCIDENT, MISAPPLICATION, ABUSE, MISUSE, NEGLIGENCE, FAILURE TO PROPERLY MAINTAIN, DAMAGE FROM EXTERNAL SOURCES, OR THAT THE OPERATION OF THE SERVICES REPAIR ATTEMPTS BY PERSONS NOT AUTHORIZED BY TimeXtender. THIS WARRANTY IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSTRANSFERABLE.

Disclaimer. 1. Pixta warrants that Pixta has obtained from the contributor of the Content a warranty that the Content available in the Service does not infringe copyright, portrait right or any other third party’s rights. 2. PIXTA MAKES NO WARRANTY OF CORRECTNESS, COMPLETENESS, OR LATESTNESS REGARDING KEYWORDS, TITLES AND OTHER INFORMATION RELATED AND INCIDENTAL TO THE CONTENT IN THE SERVICE. 3. EXCEPT FOR PIXTA’S WARRANTY EXPRESSLY SET FORTH IN THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15PARAGRAPH 1 OF THIS ARTICLE 7, THE SERVICE, AND ANY AND ALL CONTENT, KEYWORDS, TITLES AND OTHER INFORMATION RELATED AND INCIDENTAL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONTENT, THE SERVICES ARE SHALL BE PROVIDED “AS-AS IS.” WITHOUT PIXTA SHALL NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TOTO MERCHANTABILITY, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, OR THAT THE OPERATION FULFILLMENT OF THE SERVICES IS ERROR-FREEUSER’S REQUIREMENT OR CONTRACT NONCONFORMITY OF THE CONTENT. EXCEPT AS PROVIDED HERE, EVERY USER AGREES TO USE THE ENTIRE RISK CONTENT AND LIABILITY THE SERVICE BASED ON THEIR OWN RESPONSIBILITY AND JUDGMENT. 4. PIXTA SHALL NOT BE LIABLE IN ANY WAY FOR DAMAGE ARISING OUT OF OR IN RELATION TO ERROR OR TROUBLE OF TECHNICAL ENVIRONMENT RELATED TO THE SERVICE INCLUDING BUT NOT LIMITED TO COMPUTER SYSTEM TROUBLE AND FALSE DISPLAY INCIDENTAL THERETO. 5. PIXTA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF DATA OF THE CONTENT SUBMITTED TO PIXTA INCLUDING BUT NOT LIMITED TO THE DATA OF IMAGES, FOOTAGE, MUSIC, AND TEXT, AND DATA OF INFORMATION INCIDENTAL THERETO. EACH USER SHALL PREPARE AND MAINTAIN THE BACKUP OF SUCH DATA BY HIM OR HERSELF. 6. PIXTA SHALL NOT WARRANT THAT THE SERVICE, ITS SERVER, THE CONTENT AND ANY E-MAILS TRANSMITTED FROM THE SERVICE WILL NOT TRANSMIT ANY OF COMPUTER VIRUS, SPAMS OR ANY OTHER HARMFUL COMPUTER PROGRAMS ETC . 7. PIXTA’S LIABILITY FOR THE SERVICE SHALL BE AS FOLLOWS: i. IN NO EVENT SHALL PIXTA BE LIABLE FOR ANY DAMAGE INCURRED BY THE USER ARISING OUT OF OR IN RELATION TO THE SERVICE. ii. NOTWITHSTANDING THE PRECEDING ITEM (1), IN CASES WHERE PIXTA IS LIABLE FOR DAMAGES INCURRED BY THE USER, PIXTA SHALL BE LIABLE FOR ONLY DIRECT AND NORMAL DAMAGES (EXCEPT LOST PROFITS), AND THE AGGREGATE LIABILITY OF PIXTA SHALL BE LIMITED TO THE AMOUNT DESIGNATED AS THE AMOUNT OF INDEMNIFICATION IN THE LICENSE AGREEMENT OR THAT IN THE CONTRIBUTOR AGREEMENT AS THE CASE MAY BE, WHICHEVER LESSER. iii. IN CASES WHERE THE CONSUMER CONTRACT ACT OF JAPAN APPLIES TO USE OF THE SERVICES REMAINS SERVICE, THE PROVISION OF THE ABOVE ITEM (1) OF THIS PARAGRAPH DOES NOT APPLY, AND THE PRECEDING ITEM (2) SHALL APPLY ONLY TO THE CASES WHERE PIXTA CAUSES DAMAGE TO THE USER DUE TO PIXTA’S NEGLIGENCE (EXCEPT GROSS NEGLIGENCE). iv. PIXTA SHALL HAVE NO LIABILITY FOR THE DAMAGE INCURRED DUE TO THE USER’S BREACH OF THE TERMS OF USE ETC. OR ANY CONTENT AFTER THE USER’S ALTERATION. 8. PIXTA SHALL NOT BE LIABLE FOR ANY DISPUTE WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OTHER USER OR ANY THIRD PARTIES; PARTY ARISING OUT OF OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE IN RELATION TO THE USER’S USE OF THE SERVICES BASED ON MESSAGING FUNCTION AVAILABLE IN THE FLOW SERVICE, OR DAMAGE INCIDENTAL OR RELATED THERETO. THE USER AGREES THAT, IF ▇▇▇▇▇ RECOGNIZES OCCURRENCE OF DATA ANY TROUBLE OR THREAT TEHREOF, ONLY TO THE EXTENT THAT PIXTA CONSIDERS NECESSARY, PIXTA MAY ACCESS AND REVIEW THE MESSAGES WITHIN THE MESSAGING FUNCTION IN THE SERVISE IN ORDER TO PREVENT OR FROM NWEA’S NETWORK OR OVER CURE SUCH TROUBLE AND TAKE ANY OTHER NECESSARY MEASURES. 9. THERE MAY BE CASES IN WHICH PIXTA PROVIDES THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICE WITH ANY EXTERNAL SERVICES PROVIDED BY ANY OTHER COMPANY. IN SUCH CASE, THE USER AGREES TO USE SUCH EXTERNAL SERVICES ON HIS OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS HER OWN RESPONSIBILITY AND AGREES THAT PIXTA SHALL NOT BE LIABLE TO ANY DAMAGE ARISING OUT OF OR INACTIONS IN RELATION TO THE USER’S USE OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO EXTERNAL SERVICES. IN USING SUCH EXTERNAL SERVICES, THE INTERNETUSER SHALL COMPLY WITH ANY OF TERMS AND CONDITIONS PROVIDED BY SUCH EXTERNAL SERVICES. 10. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTSIf any provision of the Terms of Use etc. is held by a court of competent jurisdiction to be invalid or unenforceable, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCURthe remainder of the Terms of Use etc. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSshall remain in full force and shall not be impaired.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15AS EXPRESSLY STATED HEREIN, SELLER MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED PRODUCTS. SELLER DISCLAIMS AND DOES NOT OFFER ANY REPRESENTATION OR WARRANTY THAT PERFORMANCE OR USE OF THE PRODUCTS WILL NOT BE AFFECTED BY APPLICABLE LAWOTHER SYSTEMS, EQUIPMENT OR DEVICES OF THAT THE SERVICES PRODUCTS WILL NOT INTERFERE WITH THE USE OR PERFORMANCE OF OTHER SYSTEMS, EQUIPMENT OR DEVICES. THE FOREGOING WARRANTIES, TERMS OR CONDITIONS ARE PROVIDED “AS-IS” WITHOUT WARRANTY EXCLUSIVE AND ARE IN LIEU OF ANY KINDALL OTHER WARRANTIES, EITHER TERMS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDINGEITHER IN FACT OR BY OPERATION OF LAW, BUT NOT LIMITED TOSTATUTORY OF OTHERWISE, ANY IMPLIED WARRANTIES INCLUDING WARRANTIES, TERMS OR CONDITIONS OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. BUYER EXPRESSLY ACKNOWLEDGES THAT SELLER HAS DESIGNED THE PRODUCTS SOLELY TO MEET THE SPECIFICATIONS AND THAT BUYER OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR ITS CUSTOMERS SHALL BE RESPONSIBLE FOR TESTING THE PRODUCTS IN ORDER TO DETERMINE THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS PRODUCTS WILL NOT OCCURRECEIVE INTERFERENCE FROM OTHER SYSTEMS, EQUIPMENT OR DEVICES OR CAUSE INTERFERENCE WITH OTHER SYSTEMS, EQUIPMENT OR DEVICES. ACCORDINGLYTHE PRODUCTS ARE NOT WARRANTED AGAINST, NWEA DISCLAIMS AND BUYER SHALL NOT BE LIABLE FOR, INJURIES, DAMAGES OR LOSSES OF ANY LIABILITY RESULTING FROM KIND SUSTAINED AS A RESULT OF USES FOR WHICH THIS PRODUCT WAS NOT DESIGNED, INTENDED OR RELATED TESTED BY BUYER OR THE FAILURE TO SUCH EVENTSUSE THE PRODUCTS IN ACCORDANCE WITH ALL INSTRUCTIONS, AND ALL APPLICABLE SAFETY, REGULATORY AND INDUSTRY SAFETY STANDARDS OR THEIR EQUIVALENT.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW BUT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (1) THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY ”; (2) NEITHER PARTY MAKES ANY ADDITIONAL WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR GUARANTY OF ANY KINDKIND TO THE OTHER PARTY, EITHER EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY, OR IMPLIEDOTHERWISE, (3) EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, UNDERTAKINGS AND GUARANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) WITH RESPECT TO TITLE, MERCHANTABILITY; (ii) , NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND (4) JASPER’S LIABILITY UNDER ANY IMPLIED OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; STATUTORY WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR (v) CAPACITY, OR THAT THE OPERATION GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF TO SUPPLYING THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY AGAIN OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE PAYING THE COST OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF SUPPLYING THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETAGAIN. IN ADDITION, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA ▇▇▇▇▇▇ DOES NOT GUARANTEE THAT SUCH EVENTS THERE WILL NOT OCCURBE NO LOSS OR CORRUPTION OF CUSTOMER PROPERTY STORED BY ▇▇▇▇▇▇. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED CUSTOMER AGREES TO SUCH EVENTSMAINTAIN A COMPLETE AND ACCURATE COPY OF ALL CUSTOMER PROPERTY IN A LOCATION INDEPENDENT OF THE SERVICES.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY DOCUMENTATION AND/OR SERVICES MAY INCORPORATE OR RELY ON DATA AND INFORMATION PROVIDED IN SECTION 15TO FOURTH OR THE SUBSCRIBER BY THIRD PARTIES, INCLUDING SUPPLIERS OF NUTRITIONAL AND ALLERGEN DATA AND INFORMATION TO THE SUBSCRIBER. THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT FOURTH IS NOT RESPONSIBLE FOR, HAS NO CONTROL OVER, AND IS UNDER NO DUTY TO VERIFY THE ACCURACY OF ANY SUCH DATA OR INFORMATION. THE SUBSCRIBER’S USE OF ALL SUCH DATA AND INFORMATION IS AT ITS OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOURTH SHALL HAVE NO LIABILITY FOR ANY SUCH USE.EXCEPT FOR THE SERVICES ARE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION 7, EXCEPT AS PROVIDED “AS-IS” WITHOUT IN SECTION 7 OF THIS AGREEMENT FOURTH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER EXPRESS IN FACT OR IMPLIEDBY OPERATION OF LAW), INCLUDINGOR STATUTORY, BUT NOT LIMITED TO, AS TO ANY MATTER WHATSOEVER. FOURTH EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; TRADE PRACTICES. FOURTH DOES NOT WARRANT THAT ANY SERVICE OR (v) CAPACITYDOCUMENTATION IS ERROR-FREE OR VIRUS-FREE, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF OR USE OF THE SUBSCRIPTION SERVICE WILL BE SECURE OR UNINTERRUPTED. FOURTH EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT SUBSCRIBER’S USE OF ANY SERVICE WILL SATISFY ANY STATUTORY, ORDINANCE, OR REGULATORY OBLIGATIONS, OR GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS, ORDINANCES, OR REGULATIONS, INCLUDING WITHOUT LIMITATION LABOR WAGE LAWS. SERVICES REMAINS WITH SUBSCRIBERMAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THERE FOURTH IS NO WARRANTY NOT RESPONSIBLE FOR DATA SECURITY ANY DELAYS, DELIVERY FAILURES OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) OTHER DAMAGES RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSPROBLEMS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, CLIENT WILL LOOK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE OWNER AND NOT COLUMBUS FOR ANY PROBLEMS WITH THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF SOFTWARE. COLUMBUS DOES NOT MAKE ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, WITH RESPECT TO THE SOFTWARE OR THAT THE SOFTWARE WILL MEET ANY CLIENT REQUIREMENTS OR THAT ITS OPERATION OF THE SERVICES IS OR USE WILL BE ERROR-FREE, AND COLUMBUS MAKES NO WARRANTIES REGARDING THE VALIDITY, ACCURACY OR ENFORCEABILITY OF (I) ANY OUTCOME PURPORTED TO BE GENERATED OR ENTERED INTO USING THE SOFTWARE OR (II) ANY DATA OR OTHER INFORMATION TO BE TRANSFERRED OR PROCESSED USING THE SOFTWARE. EXCEPT AS PROVIDED HEREIN NO EVENT SHALL COLUMBUS BE HELD LIABLE FOR ANY LOST PROFITS, THE ENTIRE RISK AND LIABILITY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES, OR COST OF SUBSTITUTE GOODS OR SERVICE, ARISING OUT OF THIS ORDER FORM OR CLIENT’S USE OR MAINTENANCE OF THE SERVICES REMAINS SOFTWARE, EVEN IF COLUMBUS IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COLUMBUS BE HELD LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY PAID BY CLIENT TO COLUMBUS UNDER THIS ORDER FORM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM. COLUMBUS SHALL NOT BE HELD TO ANY LIABILITY WITH SUBSCRIBERRESPECT TO ANY CLAIM BY A THIRD PARTY ON ACCOUNT OF OR ARISING FROM THE USE OR MAINTENANCE OF THE SOFTWARE. THERE IS EXCEPT TO THE EXTENT COVERED BY A SEPARATE AGREEMENT WITH CLIENT WHEREBY COLUMBUS HAS BEEN RETAINED FOR SUCH SERVICES, COLUMBUS ASSUMES NO WARRANTY RESPONSIBILITY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE THE INTEROPERABILITY OF NWEATHE SOFTWARE WITH ANY OF CLIENT’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION EXISTING SOFTWARE, ALL OF SUBSCRIBER WHICH SHALL BE THE RESPONSIBILITY OF CLIENT OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED IMPLEMENTATION PARTNER RETAINED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSCLIENT.

Disclaimer. EXCEPT FOR AS EXPRESSLY STATED IN THIS OEM AGREEMENT AND THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15STRATEGIC ALLIANCE AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPRODUCT ORIGINATING PARTY DISCLAIMS (AND PRODUCT SELLING PARTY WAIVES) ALL WARRANTIES, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGWRITTEN OR ORAL, BUT NOT LIMITED TOINCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, AND/OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYANY WARRANTY THAT PRODUCT SELLING PARTY WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. PRODUCT RESELLING PARTY IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE ORIGINATING PARTY PRODUCTS, OR INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, SECURITY AND ACCURACY OF ANY ITEM DESIGNED USING LICENSED PRODUCTS. PRODUCT ORIGINATING PARTY DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF OR OTHER USE OF THE SERVICES REMAINS WITH SUBSCRIBERORIGINATING PARTY PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO ANY SUBLICENSEE’S DATA, COMPUTERS OR NETWORKS. THERE IS WITHOUT LIMITING THE FOREGOING, PRODUCT ORIGINATING PARTY WILL HAVE NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING LIABILITY ARISING FROM ANY ACTION SECURITY INCIDENT OR INACTION OF SUBSCRIBER DATA LOSS THAT WOULD HAVE BEEN PREVENTED IF PRODUCT SELLING PARTY HAD IMPLEMENTED A SECURITY SOLUTIONS, DEVICES OR ANY THIRD PARTIES; OR FEATURES (cINCLUDING “PATCHES,” FIXES AND UPDATES) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF FOR THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES ORIGINATING PARTY PRODUCTS PROVIDED OR CONTROLLED MADE AVAILABLE BY THIRD PARTIESPRODUCT ORIGINATING PARTY TO PRODUCT SELLING PARTY. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.4.2

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY LICENSED PRODUCTS ARE PROVIDED IN SECTION 15TO LICENSEE “AS IS” AND “WITH ALL FAULTS.” SMPTE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDEXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXCEPT AS SET FORTH IN SECTION 6(a), EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY : (A) THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE; AND (B) ANY WARRANTY WITH RESPECT TO THE QUALITY, ACCURACY, CURRENCY OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYCOMPLETENESS OF THE LICENSED PRODUCTS, OR THAT THE OPERATION LICENSEE’S USE OF THE SERVICES IS LICENSED PRODUCTS WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET LICENSEE’S REQUIREMENTS. LICENSEE ACKNOWLEDGES AND AGREES THAT THE CONTENTS OF THE LICENSED PRODUCTS ARE SUBJECT TO CHANGE. LIMITATION OF LIABILITY. EXCEPT AS PROVIDED HEREFOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS IN SECTION 6(b), IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE ENTIRE RISK AND LIABILITY OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING OUT FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS OCCASIONED BY OR RESULTING FROM ANY USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY LICENSED PRODUCTS, SUCH AS ANY MALFUNCTION, DEFECT OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE FAILURE OF THE SERVICES BASED ON THE FLOW OF DATA TO LICENSED PRODUCTS OR FROM NWEA’S NETWORK OR OVER THEIR DELIVERY VIA THE INTERNET, WHICH DEPEND IN LARGE PART ON EVEN IF SUCH PARTY HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS POSSIBILITY OF SUCH THIRD PARTIES CAN IMPAIR DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. SMPTE UNDERTAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY ARISING FROM, ANY DEFECTS OR DISRUPT SUBSCRIBER’S CONNECTIONS FAILURES IN ANY COMMUNICATIONS LINES, THE INTERNET OR INTERNET SERVICE PROVIDER, LICENSEE'S COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE USED TO ACCESS THE INTERNETLICENSED PRODUCTS OR TO AUTHENTICATE ANY USER AS AN AUTHORIZED USER. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY LICENSEE ACKNOWLEDGES AND AVOID SUCH EVENTSAGREES THAT SMPTE IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION OR DATA CONTAINED IN THE LICENSED PRODUCTS, NWEA DOES AND SMPTE SHALL NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS BE LIABLE FOR ANY LIABILITY LOSSES OR DAMAGES RESULTING FROM RELIANCE ON ANY SUCH INFORMATION OR RELATED TO SUCH EVENTSDATA UNDER ANY CIRCUMSTANCES.

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED SET FORTH IN SECTION 157.1, UNITRENDS MAKES NO WARRANTY, CONDITION, REPRESENTATION, TERM, UNDERTAKING OR GUARANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT AND THE SERVICES, THE UNITENDS CLOUD AND DRAAS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT. UNITRENDS MAKES NO WARRANTY THAT THE SERVICES, UINTRENDS CLOUD OR DRAAS ARE COMPATIBLE WITH CUSTOMER’S CONTENT, DATA, HARDWARE, SOFTWARE OR OTHER EQUIPMENT OR SYSTEMS, WILL MEET THE NEEDS OR REQUIREMENTS OF CUSTOMER OR ITS USERS, WILL OPERATE IN THE COMBINATIONS THAT MAY BE SELECTED FOR USE BY CUSTOMER OR ITS USERS, WILL BE TIMELY, UNINTERRUPTED, SECURE, ACCURATE, RELIABLE OR ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED. THE SERVICES, UINTRENDS CLOUD AND DRAAS ARE NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. UNITRENDS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, UNITREND’S LIABILITY UNDER ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; STATUTORY WARRANTY, CONDITION, TERM, REPRESENTATION, UNDERTAKING OR (v) CAPACITY, OR THAT THE OPERATION GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF TO SUPPLYING THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY AGAIN OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE PAYING THE COST OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF SUPPLYING THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSAGAIN.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS OTHERWISE PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWHEREIN, THE SERVICES INTELLECTUAL PROPERTY RIGHTS LICENSED HEREUNDER ARE PROVIDED BY BIOVERIS “AS-AS IS WHERE IS” WITHOUT WARRANTY OF ANY KINDAND BIOVERIS MAKES NO, EITHER AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDINGCONCERNING: (a) LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) TITLE, DESIGN, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO LICENSED INTELLECTUAL PROPERTY RIGHTS OR USEANY ECL PRODUCT; (iiib) QUALITYTHE COMMERCIAL SUCCESS OF ANY ECL PRODUCT; (ivc) PRODUCTIVENESSTHE EXISTENCE, VALIDITY OR SCOPE OF LICENSED INTELLECTUAL PROPERTY RIGHTS; (d) ANY ECL PRODUCT BEING FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; (e) WHETHER ANY THIRD PARTIES ARE IN ANY WAY INFRINGING LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT; OR (vf) CAPACITYTHE ACCURACY, UTILITY OR SUFFICIENCY OF ANY TECHNICAL INFORMATION TRANSFERRED TO NEWCO HEREUNDER. THE PARTIES SPECIFICALLY AGREE THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK NEITHER PARTY SHALL BE SUBJECT TO AND LIABILITY THAT EACH DISCLAIMS: (A) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF USE BREACH OF WARRANTY, AND (B) ALL CONSEQUENTIAL, INCIDENTAL, CONTINGENT, PUNITIVE AND EXEMPLARY DAMAGES WHATSOEVER WITH RESPECT TO (i) ANY DISPUTES BETWEEN THE PARTIES UNDER THIS AGREEMENT OR (ii) CLAIMS MADE BY ONE PARTY AGAINST ANOTHER PARTY ARISING FROM THE COURSE OF CONDUCT WITHIN THE RELATIONSHIP OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY PARTIES UNDER THIS AGREEMENT (WHETHER SUCH CLAIMS ARISE UNDER CONTRACT, TORT, STRICT LIABILITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OTHERWISE), EVEN THOUGH A PARTY MAY HAVE BEEN ADVISED OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES IN CLAUSE (B) ABOVE SHALL NOT APPLY TO DAMAGES PAID TO UNRELATED THIRD PARTIES CAN IMPAIR (WHETHER PURSUANT TO JUDGMENT OR DISRUPT SUBSCRIBER’S CONNECTIONS SETTLEMENT) FOR WHICH A PARTY HAS AN OBLIGATION TO INDEMNIFY THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSOTHER PARTY HEREUNDER.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. 17. Limitation. NWEA’s liability to the Fiscal Agent (including the Subscriber and any other subscriber granted a license under the Fiscal Agent Agreement), for damages sustained by the Department, as the result of NWEA’s default, or acts, or omissions, in the performance of work under this Agreement, except for NWEA’s indemnification obligations under the Section 16 of the Fiscal Agent Agreement, whether such damages arise out of breach, negligence, misrepresentation, or otherwise, shall be two times the amounts actually paid by the Fiscal Agent under the Fiscal Agent Agreement.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAWLAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PLATFORM, MAINTENANCE AND SUPPORT, AND ANY ADDITIONAL SERVICES ARE PROVIDED “AS-AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KINDKIND AND IGNYTE HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM, MAINTENANCE AND SUPPORT, AND ANY ADDITIONAL SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, TITLE, NON-INFRINGEMENT, OR THAT ANY WARRANTY, GUARANTEE, OR REPRESENTATION REGARDING THE OPERATION USE OR THE RESULTS OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBERPLATFORM, MAINTENANCE AND SUPPORT, AND ANY ADDITIONAL SERVICES. THERE IGNYTE DOES NOT VERIFY, ERROR-CHECK OR WARRANT THE ACCURACY OR FITNESS OF ANY INFORMATION UPLOADED OR ENTERED INTO THE PLATFORM. IGNYTE IS NO WARRANTY NOT RESPONSIBLE FOR DATA SECURITY OR PERFORMANCE ISSUES (a) ANY DEFECT CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING THAT OTHERWISE RESULTS FROM ANY ACTION MODIFICATIONS, MISUSE OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS DAMAGE TO THE INTERNETPLATFORM MADE, PERMITTED OR OTHERWISE CAUSED BY CLIENT IN WHOLE OR IN PART. ALTHOUGH NWEA USES WHILE IGNYTE AND ITS CONTENT PROVIDERS USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY UPDATE THE PLATFORM WITH CONTINUALLY CHANGING LAWS, CODES, STANDARDS, REQUIREMENTS AND AVOID SUCH EVENTSREGULATIONS (COLLECTIVELY, NWEA “LAWS”), INFORMATION AND FORMS, CLIENT MUST ALWAYS EXAMINE THE MOST CURRENT LAWS, INFORMATION, AND FORMS AND MAKE DETERMINATIONS AS TO THEIR APPLICABILITY TO CLIENT’S SITUATION TO ENSURE THAT CLIENT IS IN FULL COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS. IGNYTE DOES NOT GUARANTEE WARRANT THAT SUCH EVENTS USE OF THE PLATFORM WILL NOT OCCUR. ACCORDINGLYRESULT IN CLIENT’S COMPLIANCE WITH ANY APPLICABLE LAWS, NWEA DISCLAIMS AND CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT CLIENT IS SOLELY RESPONSIBLE FOR ENSURING ITS COMPLIANCE WITH ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSAPPLICABLE LAWS.

Disclaimer. NO AMOUNTS PAID HEREUNDER ARE REFUNDABLE OR OFFSETABLE EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAS OTHERWISE EXPLICITLY SET FORTH HEREIN. EXCEPT AS EXPRESSLY SET FORTH HEREIN , THE PALANTIR TECHNOLOGY AND PROFESSIONAL SERVICES ARE PROVIDED “"AS-IS” " WITHOUT WARRANTY ANY OTHER WARRANTIES OF ANY KIND AND PALANTIR AND ITS SUPPLIERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL CONDITIONS, WARRANTIES AND OTHER TERMS OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGORAL OR WRITTEN, RELATING TO THE PALANTIR TECHNOLOGY AND PROFESSIONAL SERVICES PROVIDED HEREUNDER OR OTHERWISE THAT ARE NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES OF (i) NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY; (ii) , TITLE, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. WITHOUT LIMITING THE FOREGOING LIMITATION, PALANTIR DOES NOT WARRANT THAT THE PALANTIR TECHNOLOGY AND PROFESSIONAL SERVICES WILL MEET CUSTOMER REQUIREMENTS OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYGUARANTEE ANY RESULTS, OUTCOMES, OR CONCLUSIONS OR THAT THE OPERATION OF THE SERVICES IS ERROR-SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS PROVIDED HEREPALANTIR IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY SERVICES (INCLUDING WITHOUT LIMITATION, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY UPTIME GUARANTEES, OUTAGES, OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER FAILURES), CUSTOMER DATA, OR ANY THIRD PARTIES; PARTY CONTENT. PALANTIR DOES NOT CONTROL THE TRANSFER OF INFORMATION OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF CUSTOMER DATA TO OR FROM NWEA’S NETWORK OR OVER COMMUNICATIONS FACILITIES, THE INTERNET, WHICH DEPEND OR THIRD PARTY SERVICES, AND THE SERVICE MAY BE SUBJECT TO DELAYS AND OTHER PROBLEMS INHERENT IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS USE OF SUCH THIRD PARTIES CAN IMPAIR COMMUNICATIONS FACILITIES. PALANTIR IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES, OR DISRUPT SUBSCRIBER’S CONNECTIONS OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THIS SECTION APPLIES ONLY TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSEXTENT PERMITTED BY LAW.”

Disclaimer. (a) EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES EXPRESSLY MADE IN SECTION 15SECTIONS 6.1-6.2, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF NEITHER PARTY MAKES ANY KINDOTHER REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIEDIMPLIED (WHETHER WRITTEN OR ORAL), INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYTHE [***] MLCS. WITHOUT LIMITING THE FOREGOING AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, 3D Line DOES NOT WARRANT THAT THE DELIVERABLES, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY ANY COMPONENT OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEAELEMENT THEREOF ARE OR WILL BE ERROR FREE OR WILL MEET VIEWRAY’S REASONABLE CONTROL; OR ANY THIRD PARTY’S REQUIREMENTS. (b) RESULTING FROM THE REPRESENTATIONS AND WARRANTIES OF EACH OF 3D Line AND VIEWRAY EXTEND ONLY TO THE OTHER PARTY. NEITHER PARTY WILL BE LIABLE FOR ANY ACTION CLAIM OR INACTION OF SUBSCRIBER OR ANY DEMAND AGAINST SUCH OTHER PARTY BY A THIRD PARTIES; OR PARTY, EXCEPT TO THE EXTENT PROVIDED IN SECTIONS 7.2-7.3. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (c) RESULTING VIEWRAY ACKNOWLEDGES THAT 3D LINE MAY USE COMPONENTS FROM SCHEDULED MAINTENANCE PERIODSTHIRD PARTY MANUFACTURERS IN [***] MLCS FOR WHICH 3D Line HAS NEITHER DESIGN AUTHORITY OVER NOR RIGHTS TO MANUFACTURE AND THAT 3D LINE ITSELF [***]. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETTo the extent permitted by [***], WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES3D Line agrees to use Commercially Reasonable Efforts to [***] to ViewRay any and all [***]. AT TIMESWith respect to those [***], ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS3D Line agrees to use Commercially Reasonable Efforts to [***] in the event that ViewRay [***].

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY THIS SOFTWARE PACKAGE IS PROVIDED IN SECTION 15BY STMICROELECTRONICS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS IMPLIED OR IMPLIEDSTATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL STMICROELECTRONICS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE; (iii) QUALITY; (iv) PRODUCTIVENESS, DATA, OR PROFITS; OR (vBUSINESS INTERRUPTION) CAPACITYHOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR THAT THE OPERATION TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE SERVICES IS ERROR-FREEUSE OF THIS SOFTWARE PACKAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROVIDED HEREEXPRESSLY PERMITTED HEREUNDER AND SUBJECT TO ANY APPLICABLE THIRD-PARTY TERMS AND OPEN SOURCE TERMS, THE ENTIRE RISK AND LIABILITY ARISING OUT NO LICENSE OR OTHER RIGHTS, WHETHER EXPRESS OR IMPLIED, ARE GRANTED UNDER ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER STMICROELECTRONICS OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODSPARTY. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS04-Feb-2019 1 Initial release.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED SET FORTH IN SECTION 1510.1 AND 10.2 ABOVE SHALL BE EXCLUSIVE AND IN LIEU OF ALL OTHER LIABILITIES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOBLIGATIONS, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDCONDITIONS AND/OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , SUITABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; , NON-INFRINGEMENT AS WELL AS ANY IMPLIED AND/OR (v) CAPACITYSTATUTORY WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. LICENSOR MAKES NO WARRANTY AS TO THE RESULTS TO BE DERIVED FROM THE USE OF OR INTEGRATION WITH ANY PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT, OR THAT THE OPERATION OF THE ANY PRODUCTS OR SERVICES IS WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. EXCEPT AS THE PRODUCTS AND/OR SERVICES ARE PROVIDED HERETO THE CUSTOMER ON AN “AS-IS” BASIS. UNIPHORE DOES NOT REPRESENT THAT THE PRODUCT OR SERVICES MEET THE CUSTOMER’S REQUIREMENTS. CUSTOMER AGREES THAT IT IS NOT RELYING AND HAS NOT RELIED ON THE DELIVERY OF FUTURE FUNCTIONALITY IN OBTAINING A LICENSE FOR THE PRODUCT. THE CUSTOMER HAS INDEPENDENTLY EVALUATED THE PRODUCT AND/OR SERVICES AND DETERMINED THEIR SUITABILITY FOR ITS NEEDS. CUSTOMER AGREES THAT UNIPHORE SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, THE ENTIRE RISK AND LIABILITY ARISING OUT OF FAILURE OR PROBLEMS RESULTING FROM USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY INTERNET OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OF NWEAUNIPHORE’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY , INCLUDING THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSPARTY SYSTEMS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY PROVIDED IN SECTION 15HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TTEC SERVICES AND DOCUMENTATION ARE PROVIDED DELIVERED “AS-AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KINDKIND BY EITHER TTEC OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, EITHER EXPRESS PRODUCTION, DISTRIBUTION OR IMPLIEDDELIVERY OF THE APPLICATION, INCLUDING, INCLUDING BUT NOT LIMITED TOTOANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON- INFRINGEMENT. TTEC MAKES NO REPRESENTATIONS OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; WARRANTIES ABOUT THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY OR (v) CAPACITYSUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE TTEC SERVICES OR DOCUMENTATION. TTEC MAKES NO WARRANTY THAT THE TTEC SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR THAT WILL MEET CLIENT’S REQUIREMENTS. THE OPERATION OF THE TTEC SERVICES IS ERROR-FREEARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK TTEC DOES NOT AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON CANNOTCONTROL THE FLOW OF DATA TO OR FROM NWEATTEC’S NETWORK OR OVER AND OTHER PORTIONS OF THE INTERNET, WHICH DEPEND . SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIESPARTIES (SUCH AS NETWORK CARRIERS). AT TIMES, ACTIONS, OR IN ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBERCLIENT’S CONNECTIONS TO THE INTERNETINTERNET (OR PORTIONSTHEREOF). ALTHOUGH NWEA USES TTEC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND TO AVOID SUCH EVENTS, NWEA DOES NOT TTEC CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA TTEC DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. CLIENT IS SOLELY RESPONSIBLE FOR THE CONNECTION TO THE SERVICES, INCLUDING THE INTERNET CONNECTION. NEITHER PARTY NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, OWNERS AND SUPPLIERS, SHALL HAVE ANY LIABILITY TO THE OTHER PARTY WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE LOSS, DAMAGE, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, DATA, REVENUE, PROFITS, OR USE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY ARE FORESEEABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. EXCEPT FOR ANY LIABILITIES THAT CANNOT BE LIMITED BY LAW, IN NO EVENT SHALL THE CUMULATIVE AMOUNT OF TTEC’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) TO CLIENT ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE TTEC SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, AND RELATED CONTENT THROUGH THE TTEC SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE TTEC SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF TTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY AND ALL CLAIMS SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID BY CLIENT TO TTEC PURSUANT TO THE TERMS OF THIS EUA DURING THE PREVIOUS 12 MONTHS, WITH RESPECT TO THE TTEC SERVICES. Client will defend TTEC and its affiliates from and against any and all third party claims, actions, suits, proceedings arising from or related to Client’s or any authorized user’s violation of this EUA (a “Claims Against TTEC”), and will indemnify TTEC and its affiliates for all reasonable attorney’s fees incurred and damages and other costs finally awarded against TTEC or its affiliates in connection with or as a result of, and for amounts paid by TTEC or its affiliates under a settlement or final judgement that Client approves of in connection with a Claim Against TTEC. TTEC must provide Client with prompt written notice of any Claims Against TTEC and allow Client the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting Client’s defense and settlement of such matter. TTEC will defend Client from and against any and all third party claims, actions, suits, proceedings arising from or related to any claims that the TTEC Services violate a United States patent or copyright of a third party(a “Claims Against Client”), and will indemnify Client for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Client in connection with or as a result of, and for amounts paid by Client under a settlement or final judgement that TTEC approves of in connection with a Claim Against Client. Client must provide TTEC with prompt written notice of any Claims Against Client and allow TTEC the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting TTEC’s defense and settlement of such matter.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS EXPRESSLY SET FORTH IN THIS AGREEMENT INCLUDING WITHOUT LIMITATION SECTION 1510 (WARRANTY) OF EXHIBIT A, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPEOPLEPC AND ITS SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDEXPRESS, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE RELATING TO ANY OF THE GOODS, BUT NOT LIMITED TOSERVICES OR INFORMATION PROVIDED OR MADE AVAILABLE UNDER THIS AGREEMENT, ANY AND PEOPLEPC AND ITS SUPPLIERS HEREBY SPECIFICALLY DISCLAIM ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; PURPOSE, NON- INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY. ALL SOFTWARE IS LICENSED ON AN "AS IS" BASIS WITHOUT WARRANTY AND INTERNET SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEOPLEPC AND ITS SUPPLIERS DO NOT WARRANT THAT (iiiI) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF PEOPLEPC SOLUTIONS WILL BE UNINTERRUPTED OR ERROR FREE; (II) PEOPLEPC SOLUTIONS WILL MEET THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HEREELIGIBLE EMPLOYEES' REQUIREMENTS; (III) THE PEOPLEPC SOLUTIONS WILL OPERATE IN COMBINATIONS AND CONFIGURATIONS SELECTED BY THE END USER; (IV) THAT ALL SOFTWARE ERRORS WILL BE CORRECTED, OR (V) THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE UPTIME OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY INTERNET OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF TELEPHONIC CONNECTIONS NECESSARY TO ACCESS THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSBE AVAILABLE WITHOUT INTERRUPTION.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS SPECIFICALLY PROVIDED IN SECTION 15THIS AGREEMENT AND APPLICABLE ORDER FORM, JUNGO AND ITS LICENSORS MAKE NO OTHER WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PRODUCTS OR SERVICES. EXCEPT AS SPECIFIED IN THIS AGREEMENT AND APPLICABLE ORDER FORM, JUNGO AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PRODUCTS OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE PRODUCTS OR SERVICES OR THE SERVER(S) THAT MAKE THE PRODUCTS OR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ▇▇▇▇▇ MAKES NO WARRANTIES WITH RESPECT TO ANY THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT, INCLUDING FOR EXAMPLE ANY WARRANTIES REGARDING SYSTEM AVAILABILTIY OR UPTIME. 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 NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Disclaimer. EXCEPT FOR AS EXPRESSLY STATED IN THIS OEM AGREEMENT AND THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15STRATEGIC ALLIANCE AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPRODUCT ORIGINATING PARTY DISCLAIMS (AND PRODUCT SELLING PARTY WAIVES) ALL WARRANTIES, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGWRITTEN OR ORAL, BUT NOT LIMITED TOINCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, AND/OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYANY WARRANTY THAT PRODUCT SELLING PARTY WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. PRODUCT RESELLING PARTY IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE ORIGINATING PARTY PRODUCTS, OR INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, SECURITY AND ACCURACY OF ANY ITEM DESIGNED USING LICENSED PRODUCTS. PRODUCT ORIGINATING PARTY DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF OR OTHER USE OF THE SERVICES REMAINS WITH SUBSCRIBERORIGINATING PARTY PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO ANY SUBLICENSEE’S DATA, COMPUTERS OR NETWORKS. THERE IS WITHOUT LIMITING THE FOREGOING, PRODUCT ORIGINATING PARTY WILL HAVE NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING LIABILITY ARISING FROM ANY ACTION SECURITY INCIDENT OR INACTION OF SUBSCRIBER DATA LOSS THAT WOULD HAVE BEEN PREVENTED IF PRODUCT SELLING PARTY HAD IMPLEMENTED A SECURITY SOLUTIONS, DEVICES OR ANY THIRD PARTIES; OR FEATURES (cINCLUDING “PATCHES,” FIXES AND UPDATES) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF FOR THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES ORIGINATING PARTY PRODUCTS PROVIDED OR CONTROLLED MADE AVAILABLE BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS PRODUCT ORIGINATING PARTY TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSPRODUCT SELLING PARTY.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS EXPRESSLY SET FORTH IN THIS SECTION 155, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWALL SERVICES, THE SERVICES PROPRIETARY ITEMS, AND REPORTS ARE PROVIDED “AS-AS IS” WITHOUT WARRANTY OF ANY KINDAND INSELLIGENCE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, INCLUDINGSTATUTORY, BUT NOT LIMITED TOOR ARISING FROM COURSE OF DEALING, ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, NON-INTERFERENCE, OR USENON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INSELLIGENCE DOES NOT REPRESENT OR WARRANT THAT: (A) THE PROPRIETARY ITEMS OR REPORTS WILL MEET ANY FORECASTS, EXPECTATIONS OR SPECIFICATIONS OF SUBSCRIBER; (iiiB) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS PROVIDED HERE, ; (C) THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY WILL NOT RESULT IN A LOSS OF SUBSCRIBER CONTENT OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROLOTHER SUBSCRIBER DATA; OR (bD) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE THE USE OF THE SERVICES BASED ON WILL NOT EXPOSE THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS HARDWARE OR NETWORKS TO THE INTERNETADDITIONAL SECURITY RISK. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA INSELLIGENCE DOES NOT GUARANTEE THAT MAKE ANY GUARANTEES ABOUT THE ACCURACY, CURRENCY, SUITABILITY, OR QUALITY OF THE REPORTS, AND DOES NOT ASSUME RESPONSIBILITY FOR INACCURATE OR MISLEADING REPORTS. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ITS USE OF OR RELIANCE ON ANY SUCH EVENTS WILL NOT OCCURREPORTS OR OTHER INFORMATION OR DATA ACCESSED THROUGH THE SERVICES. ACCORDINGLYSUBSCRIBER IS SOLELY RESPONSIBLE FOR ARCHIVING AND RETAINING ANY AND ALL SUBSCRIBER CONTENT OR DATA UPLOADED TO, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM DOWNLOADED FROM, OR RELATED TO SUCH EVENTSPROCESSED IN OR THROUGH, THE SERVICES.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS EXPRESSLY STATED IN SECTION 15THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEACH PARTY DISCLAIMS ALL WARRANTIES, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGWRITTEN OR ORAL, BUT NOT LIMITED TOINCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, AND/OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYANY WARRANTY THAT PRODUCT THE OTHER PARTY WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. EACH PARTY AND ITS AFFILIATES ARE SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE PRODUCTS, OR INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, AND SECURITY AND ACTIVE/96105181.2 ACCURACY OF ANY ITEM DESIGNED USING THE PRODUCTS. NEITHER PARTY WARRANTS THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF OR OTHER USE OF THE SERVICES REMAINS WITH SUBSCRIBERPRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO ANY CUSTOMER’S DATA, COMPUTERS, OR NETWORKS. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING WITHOUT LIMITING THE FOREGOING, NEITHER PARTY WILL HAVE ANY LIABILITY ARISING FROM ANY ACTION SECURITY INCIDENT OR INACTION OF SUBSCRIBER DATA LOSS THAT WOULD HAVE BEEN PREVENTED IF THE OTHER PARTY OR ANY THIRD PARTIES; ITS AFFILIATE HAD IMPLEMENTED A SECURITY SOLUTION, DEVICE OR FEATURE (cINCLUDING “PATCHES,” FIXES AND UPDATES) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF PROVIDED BY A PARTY FOR THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PRODUCTS PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS MADE AVAILABLE TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OTHER PARTY OR RELATED TO SUCH EVENTSITS AFFILIATES.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW BUT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (1) THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY ”; (2) NEITHER PARTY MAKES ANY ADDITIONAL WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR GUARANTY OF ANY KINDKIND TO THE OTHER PARTY, EITHER EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY, OR IMPLIEDOTHERWISE, (3) EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, UNDERTAKINGS AND GUARANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) WITH RESPECT TO TITLE, MERCHANTABILITY; (ii) , NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND (4) ▇▇▇▇▇▇’S LIABILITY UNDER ANY IMPLIED OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; STATUTORY WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR (v) CAPACITY, OR THAT THE OPERATION GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF TO SUPPLYING THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY AGAIN OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE PAYING THE COST OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF SUPPLYING THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETAGAIN. IN ADDITION, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA ▇▇▇▇▇▇ DOES NOT GUARANTEE THAT SUCH EVENTS THERE WILL NOT OCCURBE NO LOSS OR CORRUPTION OF CUSTOMER PROPERTY STORED BY ▇▇▇▇▇▇. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED CUSTOMER AGREES TO SUCH EVENTSMAINTAIN A COMPLETE AND ACCURATE COPY OF ALL CUSTOMER PROPERTY IN A LOCATION INDEPENDENT OF THE SERVICES.

Disclaimer. By its nature, the Licensed Software may contain errors, bugs, and other problems that could cause system failure. In addition, the Licensed Software may not have adequate documentation, and any documentation in existence may be inaccurate or incomplete. SWIMLANE DOES NOT REPRESENT, WARRANT OR GUARANTY THAT (A) THE LICENSED SOFTWARE WILL BE 100% SECURE OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER APPLICATION, SOFTWARE, HARDWARE, SERVICE OR DATA; (B) THE LICENSED SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS; (C) ANY DATA STORED USING THE LICENSED SOFTWARE WILL BE ACCURATE, RELIABLE, OR SECURE; (D) ERRORS OR DEFECTS IN THE LICENSED SOFTWARE WILL BE CORRECTED; (E) THE LICENSED SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE LICENSED SOFTWARE WILL DETECT, ALERT LICENSEE TO, RESPOND TO, OR RESOLVE ANY GIVEN SECURITY THREAT OR BREACH. EXCEPT FOR AS SET FORTH HEREIN, SWIMLANE PROVIDES THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, LICENSED SOFTWARE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED LICENSEE ON AN “AS-IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS AND SWIMLANE MAKES NO WARRANTY REGARDING THE LICENSED SOFTWARE, ANY RELATED DOCUMENTATION, OR IMPLIEDTHE USE OR OPERATION OF THE LICENSED SOFTWARE, INCLUDINGAND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, BUT NOT LIMITED TOWHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AVAILABILITY, AND NON-INFRINGEMENT. LICENSEE MAKES NO WARRANTY REGARDING ANY FEEDBACK PROVIDED HEREUNDER AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR USE; OTHERWISE. Third-Party Services. Certain features and functionalities within the SaaS Software and Licensed Software may allow Licensee and its end users to interface or interact with, access and/or use compatible third-party services, products, technology and content (iii) QUALITY; (iv) PRODUCTIVENESS; collectively, “Third-Party Services”). SWIMLANE DOES NOT PROVIDE ANY ASPECT OF THE THIRD-PARTY SERVICES AND IS NOT RESPONSIBLE FOR ANY ERRORS, COMPATIBILITY ISSUES OR (v) CAPACITYBUGS IN THE SUBSCRIPTION SERVICES OR THIRD-PARTY SERVICES CAUSED IN WHOLE OR IN PART BY THE THIRD-PARTY SERVICES OR ANY UPDATE OR UPGRADE THERETO. FURTHER, SWIMLANE DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RES PONSIBILITY TO CUSTOMER OR ANY OTHER PERSON FOR ANY LOSS, LIABILITY, OR THAT THE OPERATION DAMAGES OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ANY KIND ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO ANY THIRD-PARTY SERVICES, EVEN IF SUCH EVENTSTHIRD-PARTY SERVICES ARE PURCHASED USING A SWIMLANE ORDER FORM. Licensee is solely responsible for entering into agreements to access and use the Third-Party Services, maintain the Third-Party Services and otherwise obtaining any associated licenses and consents necessary for Licensee to use the Third-Party Services. The Third-Party Services’ terms and conditions will govern the relationship between Licensee and the vendor of such the Third-Party Service, and as between Swimlane and Licensee, Licensee is solely responsible for complying therewith. LICENSEE ACKNOWLEDGES SOLE RESPONSIBILITY FOR AND ASSUMES ALL RISK ARISING FROM ITS USE OF ANY THIRD-PARTY SERVICES EVEN IF SUCH THIRD-PARTY SERVICES ARE PURCHASED THROUGH A SWIMLANE ORDER FORM.

Disclaimer. EXCEPT FOR AS OTHERWISE PROVIDED HEREIN THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES INTELLECTUAL PROPERTY RIGHTS LICENSED HEREUNDER ARE PROVIDED “AS-BY ROCHE "AS IS WHERE IS” WITHOUT WARRANTY OF ANY KIND" AND ROCHE MAKES NO, EITHER AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDINGCONCERNING: (a) LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) DESIGN, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO LICENSED INTELLECTUAL PROPERTY RIGHTS OR USEANY PRODUCT; (iiib) QUALITYTHE COMMERCIAL SUCCESS OF ANY LICENSED PRODUCT; (ivc) PRODUCTIVENESSTHE EXISTENCE, VALIDITY OR SCOPE OF LICENSED INTELLECTUAL PROPERTY RIGHTS; (d) ANY LICENSED PRODUCT BEING FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; (e) WHETHER ANY THIRD PARTIES ARE IN ANY WAY INFRINGING LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT; OR (vf) CAPACITYTHE ACCURACY, UTILITY OR SUFFICIENCY OF ANY TECHNICAL INFORMATION TRANSFERRED TO IGEN HEREUNDER. THE PARTIES SPECIFICALLY AGREE THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK NEITHER PARTY SHALL BE SUBJECT TO AND LIABILITY THAT EACH DISCLAIMS: (A) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF USE BREACH OF WARRANTY, AND (B) ALL CONSEQUENTIAL, INCIDENTAL, CONTINGENT, PUNITIVE AND EXEMPLARY DAMAGES WHATSOEVER WITH RESPECT TO (i) ANY DISPUTES BETWEEN THE PARTIES UNDER THIS AGREEMENT OR (ii) CLAIMS MADE BY ONE PARTY AGAINST ANOTHER PARTY ARISING FROM THE COURSE OF CONDUCT WITHIN THE RELATIONSHIP OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY PARTIES UNDER THIS AGREEMENT (WHETHER SUCH CLAIMS ARISE UNDER CONTRACT, TORT, STRICT LIABILITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OTHERWISE), EVEN THOUGH A PARTY MAY HAVE BEEN ADVISED OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES IN CLAUSE (B) ABOVE SHALL NOT APPLY TO DAMAGES PAID TO UNRELATED THIRD PARTIES CAN IMPAIR (WHETHER PURSUANT TO JUDGMENT OR DISRUPT SUBSCRIBER’S CONNECTIONS SETTLEMENT) FOR WHICH A PARTY HAS AN OBLIGATION TO INDEMNIFY THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSOTHER PARTY HEREUNDER.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PLATFORM, PLATFORM CONTENT, SERVICES, EVALUATION PRODUCTS, ANY REPORTS OR OUTPUT GENERATED BY THE PLATFORM, AS WELL AS ANY OTHER GOODS AND SERVICES PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED OR MADE AVAILABLE BY APPLICABLE LAWOR ON BEHALF OF COMPANY HEREUNDER (COLLECTIVELY, THE SERVICES “COMPANY MATERIALS“) ARE PROVIDED AND MADE AVAILABLE ON AN “AS-AS IS” AND “AS AVAILABLE” BASIS, WITH ALL DEFECTS, AND ALL EXPRESS, IMPLIED AND STATUTORY CONDITIONS AND WARRANTIES (INCLUDING WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, LIMITATION ANY IMPLIED CONDITIONS OR WARRANTIES OF (i) MERCHANTABILITY; (ii) , SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, QUIET POSSESSION, NON-INFRINGEMENT, OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYQUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE) ARE HEREBY DISCLAIMED BY COMPANY AND ITS LICENSORS. COMPANY DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, TIMELINESS, COMPLETENESS, OR QUALITY OF COMPANY MATERIALS; (B) THAT CUSTOMER’S USE OF COMPANY MATERIALS WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (C) REGARDING THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HEREANY CELLULAR NETWORKS, THE ENTIRE RISK AND LIABILITY ARISING OUT PASSING OR TRANSMISSION OF USE OF DATA VIA ANY NETWORKS OR THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER CLOUD, OR ANY THIRD PARTIESOTHER CELLULAR OR DATA CONNECTIVITY PROBLEMS; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.OR

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES SET FORTH IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTHIS AGREEMENT, THE SERVICES ARE POINT SOLUTION IS PROVIDED “AS-AS IS.” VERIFONE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY LIMITATION IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD- PARTY RIGHTS. VERIFONE DOES NOT WARRANT THAT THE POINT SOLUTION, OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYANY COMPONENT THEREOF, WILL MEET THE REQUIREMENTS OF MERCHANT OR THAT THE OPERATION OF THE SERVICES IS ERROR-POINT SOLUTION, OR ANY COMPONENT THEREOF, WILL BE UNINTERRUPTED OR ENTIRELY ERROR FREE. EXCEPT AS PROVIDED HEREMERCHANT ACKNOWLEDGES THAT UNDER NO CIRCUMSTANCES DOES VERIFONE REPRESENT OR WARRANT THAT ALL ERRORS IN ANY SOFTWARE CAN BE REMEDIED. VERIFONE MAY, FROM TIME TO TIME, PROVIDE ITS POINT SOLUTION ROADMAP OR PROJECTED IMPLEMENTATIONS FOR THE ENTIRE RISK POINT SOLUTION; SUCH INFORMATION IS NOT BINDING ON VERIFONE AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBERMERCHANT SHOULD NOT RELY ON SUCH INFORMATION. THERE IS NO WARRANTY FOR DATA SECURITY ADVICE OR PERFORMANCE ISSUES (a) CAUSED INFORMATION OBTAINED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; MERCHANT FROM VERIFONE OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER RESELLER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF OTHER PARTY ABOUT THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS POINT SOLUTION SHALL CREATE ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSWARRANTY.

Disclaimer. EACH PARTY AGREES THAT IN ENTERING INTO THIS AGREEMENT IT HAS NOT RELIED UPON ANY ADVICE, INFORMATION, OR REPRESENTATIONS, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE OTHER PARTY OR ELSEWHERE AND THAT NO WARRANTY OR WARRANTIES EXIST BEYOND THOSE EXPRESSLY STATED IN THIS AGREEMENT. ORGANIZATION ACKNOWLEDGES AND AGREES THAT NON-HUDL HARDWARE IS SUBJECT TO SEPARATE WARRANTIES PROVIDED BY ITS MANUFACTURER(S) AND THAT THE WARRANTIES IN SECTION 13.1 DO NOT APPLY, AND HUDL STRICTLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO NON-HUDL HARDWARE. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY AND SPECIFICALLY PROVIDED IN SECTION 15THIS AGREEMENT: (A) ORGANIZATION ASSUMES SOLE RESPONSIBILITY FOR RESULTS OBTAINED FROM THE USE OF THE PRODUCTS AND FOR CONCLUSIONS DRAWN FROM SUCH USE; (B) HUDL AND ITS AFFILIATES SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION OR CONTENT, ANY INSTRUCTIONS, SCRIPTS, OR ORGANIZATION MATERIALS PROVIDED TO HUDL OR ITS AFFILIATES BY ORGANIZATION IN CONNECTION WITH THE PRODUCTS, OR ANY ACTIONS TAKEN BY HUDL OR ITS AFFILIATES AT ORGANIZATION’S OR ITS AUTHORIZED USERS’ DIRECTION; (C) NO WARRANTY OF ANY KIND THAT THE PRODUCTS OR CONTENT WILL MEET ORGANIZATION’S REQUIREMENTS IS MADE OR GIVEN; (D) ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDED FROM THIS AGREEMENT; AND (E) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 13.1, THE SERVICES PRODUCTS AND CONTENT ARE PROVIDED TO ORGANIZATION ON AN “AS-AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSBASIS.

Disclaimer. EXCEPT FOR AV MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OTHER THAN THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES MADE BY AV IN THIS SECTION 1512, TO AND AV HEREBY SPECIFICALLY DISCLAIMS ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 12, ALL LICENSED PROGRAMS ARE LICENSED ON AN “AS IS” BASIS WITHOUT WARRANTY. AV DOES NOT WARRANT THAT (iiiI) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-PRODUCTS OR PASS THROUGH ITEMS WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS PROVIDED HERE, ; (II) THE ENTIRE RISK PRODUCTS OR PASS THROUGH ITEMS AND LIABILITY ARISING OUT OF USE OF DOCUMENTATION WILL MEET THE SERVICES REMAINS END USERS’ REQUIREMENTS; (III) THE PRODUCTS OR PASS THROUGH ITEMS WILL OPERATE IN COMBINATIONS AND CONFIGURATIONS SELECTED BY THE END USER; OTHER THAN COMBINATIONS AND CONFIGURATIONS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY PASS THROUGH ITEMS OR PERFORMANCE ISSUES (a) CAUSED OTHER PRODUCTS AUTHORIZED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; AV OR (bIV) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS ALL LICENSED PROGRAM ERRORS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSBE CORRECTED.

Disclaimer. EXCEPT FOR Except as provided in this Section, Customer agrees that the Online Services are provided strictly on an "as is" and "as available" basis without any express or implied warranty, guarantee or other assurance of quality, conformity with specifications, reliability or functionality. Customer accepts all risk concerning suitability, use, performance or nonperformance of the Online Services. ESPED MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE ONLINE SERVICES OR ANY CONTENT INCLUDED THEREIN. ESPED DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE, SYSTEM OR DATA; (II) THE ONLINE SERVICES OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER OR ITS AUTHORIZED USERS THROUGH THE ONLINE SERVICES WILL MEET ITS REQUIREMENTS OR EXPECTATIONS; (III) ANY DATA STORED WILL BE ACCURATE, COMPLETE OR RELIABLE; (IV) THE ONLINE SERVICES OR THE SERVER(S) THAT MAKE THE ONLINE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ESPED MAKES NO REPRESENTATION, WARRANTY, EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15OR IMPLIED, AND DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY LAW ALL IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYAND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THAT SO THE OPERATION OF THE SERVICES IS ERROR-FREEABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBERTHIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETCUSTOMER MAY HAVE OTHER RIGHTS, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS VARY FROM STATE TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSSTATE.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY ZULTYS SERVICES AND EQUIPMENT PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES YOU ARE PROVIDED “AS-"AS IS” WITHOUT WARRANTY OF ANY KIND" AND "AS AVAILABLE" AND ZULTYS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR USE; ANY STATE THEREOF OR ANY COUNTRY. ZULTYS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (iii) QUALITY; (iv) PRODUCTIVENESS; INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES AND EQUIPMENT SHALL BE BORNE SOLELY BY YOU. ZULTYS MAKES NO WARRANTY ON UP-TIME, RESPONSE TIMES, LATENCY, MEAN- TIME BETWEEN FAILURES, QUALITY OF SERVICE, AND/OR (v) CAPACITYQUALITY OF VOICE OR FAX COMMUNICATIONS. ZULTYS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES ARE APPROPRIATE FOR HIGH-RISK OR OTHER ACTIVITIES WHERE FAILURE OF THE SERVICE COULD RESULT IN SERIOUS HARM TO PERSONS OR PROPERTY. ZULTYS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES ARE APPROPRIATE FOR USE AS A REPOSITORY OR MEANS BY WHICH TO STORE PHI ON A NON-TEMPORARY BASIS OR FOR USE BY A HIPAA-COVERED ENTITY TO TRANSMIT, RECEIVE, OR STORE PHI WITHOUT ACTIVATION OF THE ZULTYS HIPAA CONDUIT SETTING. ZULTYS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. ZULTYS IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL. ZULTYS IS NOT RESPONSIBLE FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD PARTY NETWORK USED IN CONNECTION WITH THE SERVICES. ZULTYS DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF RESULTS OBTAINED THROUGH USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; DATA OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODSINFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. NWEA CANNOT CONTROL PERFORMANCE YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES BASED ARE AT YOUR SOLE RISK AND DISCRETION AND ZULTYS WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZULTYS, ITS EMPLOYEES, DEALERS, RESELLERS, PARTNERS, OR AFFILIATES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT VOICEMAILS AND FAX TRANSMISSIONS ARE SECURE, ZULTYS MAKES NO GUARANTEES OF SECURITY. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ZULTYS CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. IN NO EVENT SHALL ZULTYS OR ITS OFFICERS, DIRECTORS, STOCKHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE EQUIPMENT OR THE SERVICES OBTAINED FROM ZULTYS, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON THE FLOW ANY INFORMA- TION OBTAINED FROM ZULTYS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF DATA FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ZULTYS’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL ZULTYS BE LIABLE TO YOU, YOUR REPRESENTATIVES OR AUTHORIZED ASSIGNS OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICES OF ZULTYS, THE USE OF OR INABILITY TO USE THE SERVICES, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICES, THE INABILITY TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE EQUIPTMENT OF ZULTYS FOR THE SERVICES, THE USE OF AND/OR INABILITY TO USE SUCH EQUIPMENT, THE INSTALLATION OF SUCH EQUIPMENT, AND/OR THESE TERMS AND CONDITIONS. NOR SHALL ZULTYS BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICES, INCLUDING 911 DIALING, AT ANY TIME OR FROM NWEA’S TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR OVER THE INTERNETFACILITY FAILURE, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE EQUIPMENT FAILURE, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS, BUT NOT LIMITED TO, ACTS OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMESGOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR INACTIONS TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO ZULTYS OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND ZULTYS’ CONTROL, INCLUDING, WITHOUT LIMITATION, THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE QUALITY. ZULTYS SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO ZULTYS OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH THIRD PARTIES CAN IMPAIR DAMAGE OCCURS AS A RESULT OF ZULTYS’ NEGLIGENCE OR DISRUPT SUBSCRIBER’S CONNECTIONS OTHER ACTS OR OMISSIONS. ZULTYS’ LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICES CHARGES WITH RESPECT TO THE INTERNETAFFECTED TIME PERIOD. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS THE LIMITATIONS SET FORTH HEREIN APPLY TO REMEDY ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND AVOID SUCH EVENTSANY AND ALL OTHER THEORIES OF LIABILITY, NWEA DOES AND APPLY WHETHER OR NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCURZULTYS WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. ACCORDINGLYFURTHER, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR YOU AGREE TO REIMBURSE ZULTYS FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH EVENTSCLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST ZULTYS TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. You agree that Zultys may identify you as a user of the Services in its business deals; press releases; marketing materials; electronic, printed, and broadcast advertising; newsletters; mailings; tradeshows; other promotional materials; on Zultys' Website; or any other third-party website where Zultys or its designated agents may promote the Services. You hereby grant Zultys and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.

Disclaimer. EXCEPT THE LIMITED WARRANTY SET FORTH IN SECTION 8.3 IS MADE FOR THE EXPRESS LIMITED WARRANTY BENEFIT OF CUSTOMER ONLY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 15, 8.3 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING THE DOCUMENTATION) ARE PROVIDED “AS-AS IS,” WITHOUT WARRANTY OF ANY KINDAND Sellify AI MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, EITHER EXPRESS REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY; (ii) , TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, WITH RESPECT TO THE USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, MISUSE, OR INABILITY TO USE THE SOFTWARE, DOCUMENTATION, OR SERVICES (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO CUSTOMER BY Sellify AI, AND ANY OFFERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Sellify AI DOES NOT WARRANT THAT THE OPERATION SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR OPERATE WITHOUT INTERRUPTION OR DOWNTIME OR 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, SO SOME OF THE SERVICES IS ERROR-FREEABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT LIMITATION OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.LIABILITY

Disclaimer. EXCEPT FOR AS SPECIFICALLY WARRANTED ABOVE, THE EXPRESS LIMITED WARRANTY TELOCITY SERVICES, RESIDENTIAL GATEWAYS AND TELOCITY EQUIPMENT ARE PROVIDED IN SECTION 15"AS IS," AND neither party MAKES ANY OTHER WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTELOCITY SERVICES, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS RESIDENTIAL GATEWAYS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY TELOCITY EQUIPMENT. Telocity SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Telocity DOES NOT WARRANT THAT THE TELOCITY SERVICES, RESIDENTIAL GATEWAYS OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; TELOCITY EQUIPMENT SHALL MEET GE'S OR (v) CAPACITYITS USERS' REQUIREMENTS, THAT ERRORS IN TRANSMISSION WILL NOT OCCUR, THAT THE TELOCITY SERVICES, RESIDENTIAL GATEWAYS OR TELOCITY EQUIPMENT SHALL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR ERRORS IN THE OPERATION OF TELOCITY SERVICES, RESIDENTIAL GATEWAYS OR TELOCITY EQUIPMENT SHALL BE CORRECTED; PROVIDED THAT THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FOREGOING DISCLAIMERS SHALL NOT BE CONSTRUED TO EXCUSE TELOCITY FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT.

Disclaimer. EXCEPT 4.12.1 IN ACCORDANCE WITH PARAGRAPH 3.1.2(B), WHERE APPLICABLE, CONTRACTOR WILL ONLY BE ABLE TO PROVIDE THE SERVICE TO THE CITY FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15BENEFIT OF AIRPORT AND AIRLINE USERS IF SUCH AIRPORT USERS AGREE TO AND COMPLY WITH CONTRACTOR’S THEN-CURRENT TERMS AND CONDITIONS FOR THE CERTIFICATION SERVICE. CITY ACKNOWLEDGES AND AGREES THAT, EXCEPT TO THE MAXIMUM EXTENT NOT PERMITTED BY APPLICABLE AT LAW, CONTRACTOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT IMPACT ON THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON IN RELATION TO ANY PARTICULAR AIRPORT USER WHERE A) SUCH AIRPORT USER REFUSES (IN WHOLE OR IN PART) TO ACCEPT SITA’S TERMS AND CONDITIONS FOR THE FLOW CERTIFICATION SERVICE; AND/OR B) AIRPORT USER’S CERTIFICATION SERVICE WITH SITA EXPIRES OR TERMINATES. 4.12.2 EXCEPT TO THE EXTENT NOT PERMITTED AT LAW, SITA SHALL NOT BE LIABLE FOR: (A) ANY LOSS TO CITY THAT IS ATTRIBUTABLE IN ANY WAY TO STORAGE OF, LOSS OF, OR DAMAGE TO RESTRICTED DATA; AND/OR (B) ANY SERVICES FAILURES, DELAYS OR LOSS TO CITY CAUSED BY CITY’S FAILURE TO PERFORM OR COMPLY WITH (AS APPLICABLE) THE SERVICE DEPENDENCIES SET OUT IN PARAGRAPH 3, SERVICE DEPENDENCIES OF DATA THIS SCHEDULE; AND/OR CITY OBLIGATIONS WITHIN THE SERVICE CONDITIONS SET OUT IN PARAGRAPH 4, SERVICE CONDITIONS OF THIS SCHEDULE. 4.12.3 CONTRACTOR WILL ONLY BE ABLE TO PROVIDE THE SERVICE TO THE CITY IF AIRPORT USERS PERMIT CITY TO USE AIRLINE USER PERSONAL DATA, AND CITY SHALL BE RESPONSIBLE FOR CONCLUDING SUCH WRITTEN INSTRUCTIONS DIRECTLY WITH EACH RELEVANT AIRPORT USER. CITY ACKNOWLEDGES AND AGREES THAT, EXCEPT TO THE EXTENT NOT PERMITTED AT LAW, CONTRACTOR ASSUMES NO LIABILITY OR FROM NWEA’S NETWORK OR OVER RESPONSIBILITY FOR THE INTERNET, WHICH DEPEND IN LARGE PART IMPACT ON THE PERFORMANCE OF INTERNET THE SERVICES PROVIDED WHERE i) AN AIRPORT USER REFUSES (IN WHOLE OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS IN PART) TO PROVIDE AIRLINE USER PERSONAL DATA TO CITY; AND ii) AN AIRPORT USER’S CONTRACT WITH SITA EXPIRES OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSTERMINATES.

Disclaimer. EXCEPT FOR THE EXPRESS AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSECTION, THE SERVICES SERVICES, INCLUDING THE WEBSITE AND ANY REPORTS, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS-AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY ANY WARRANTIES OF ANY KIND, EITHER AND YAYPAY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ERROR-FREE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR (v) CAPACITY, OR USAGE OF THE TRADE. LICENSEE ACKNOWLEDGES THAT YAYPAY DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES IS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. EXCEPT , NOR DOES IT MAKE ANY WARRANTY AS PROVIDED HERE, TO THE ENTIRE RISK AND LIABILITY ARISING OUT OF RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OBTAINED BY LICENSEE FROM YAYPAY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THROUGH THE SERVICES BASED ON SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. LICENSEE HEREBY ACKNOWLEDGES THAT INVOICING, REMINDER AND COLLECTION ACTIVITIES MAY NOT ACHIEVE THE FLOW OF DATA TO RESULT DESCRIBED, INTENDED, OR FROM NWEA’S NETWORK OR OVER THE INTERNETEXPECTED, WHICH DEPEND INCLUDING WITHOUT LIMITATION ANY INCREASE IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED AMOUNTS RECEIVED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSLICENSEE.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15FOREGOING WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TENFOLD SERVICES ARE PROVIDED "AS IS" AND “AS-IS” AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS EXPRESS, IMPLIED, OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES AND/ OR CONDITIONS OF (i) MERCHANTABILITY; (ii) , OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE TENFOLD SERVICES, THAT THE FUNCTIONS CONTAINED IN OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; PERFORMED OR (v) CAPACITYPROVIDED BY THE TENFOLD SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE OPERATION OF THE TENFOLD SERVICES IS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE TENFOLD SERVICES WILL BE CORRECTED. EXCEPT AS PROVIDED HERENO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ENTIRE RISK ABOVE EXCLUSION AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES LIMITATIONS MAY NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSAPPLY.

Disclaimer. YOUR USE OF THE SOFTWARE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED BY ITASCA ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS DESCRIBED IN SECTION 1510 (WARRANTY), THE ITASCA PARTIES DISCLAIM TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAWLAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE ITASCA PARTIES RELATING TO THE SOFTWARE OR THE CONTENT, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDEXPRESS, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY, BUT AND OTHERWISE IN CONNECTION WITH THE SOFTWARE, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE ITASCA PARTIES AND ANY AGREEMENT WITH A THIRD PARTY, THAT MAY BE IMPLIED BY THIS ▇▇▇▇, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT LIMITED TOEXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF (i) AVAILABILITY OF THE SOFTWARE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY; (ii) , TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR USEFUNCTIONALITY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE ITASCA PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SOFTWARE OR ON ANY LINKED WEBSITES IS ACCURATE, COMPLETE OR CURRENT; (iii) THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, SOFTWARE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES OR ADVERTISERS WILL MEET YOUR EXPECTATIONS; (iv) PRODUCTIVENESSTHAT THE SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY ITASCA; THAT SOFTWARE ERRORS WILL BE CORRECTED OR (v) CAPACITY, THAT SOFTWARE CONTENT WILL BE UPDATED; OR THAT THE OPERATION SOFTWARE IS PCI COMPLIANT. THE ITASCA PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERECONTENT, THE ENTIRE RISK (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY SOFTWARE, (3) UNAUTHORIZED ACCESS TO OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE USE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER THE ITASCA SERVERS AND/OR ANY THIRD PARTIES; AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (c4) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE INTERRUPTION OR CESSATION OF THE SERVICES BASED ON THE FLOW OF DATA TRANSMISSION TO OR FROM NWEA’S NETWORK THE SOFTWARE, (5) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR OVER THE INTERNETLIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE BY ANY THIRD PARTY, WHICH DEPEND IN LARGE PART ON AND/OR (6) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE PERFORMANCE USE OF INTERNET SERVICES PROVIDED ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO OTHERWISE MADE AVAILABLE VIA THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSSOFTWARE.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO CUSTOMER “AS-AS IS” WITHOUT WARRANTY OF ANY KINDAND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES IS WILL BE COMPLETELY ERROR-FREEFREE OR UNINTERRUPTED. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE COMPANY SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INOPERABILITY OF THE SERVICES REMAINS OR FOR ANY LOSS OF INFORMATION OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND. ANY USE BY CUSTOMER OF THE SERVICES IS AT CUSTOMER’S OWN RISK. ANY MODIFICATION OF THE SERVICES OR COMBINATION OF THE SERVICES WITH SUBSCRIBERANOTHER PRODUCT OR SERVICES, EXCEPT AS SPECIFICALLY AUTHORIZED BY COMPANY IN WRITING, SHALL VOID ANY WARRANTY. THERE IS COMPANY SHALL NOT BE LIABLE TO CUSTOMER FOR ANY ISSUES WITH THE SOLUTION THAT ARISE FROM ANY MATERIALS OR DATA PROVIDED BY CUSTOMER, THIRD-PARTY SERVICES OR THIRD-PARTY PROVIDERS (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY DATA PROVIDERS). IN THE EVENT CUSTOMER ELECTS TO UTILIZE THE MPC SOLUTION, EITHER AS A BUYER OR A SELLER, CUSTOMER UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT COMPANY MAKES NO WARRANTY FOR DATA SECURITY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING: (I) THE INVENTORY MADE AVAILABLE THROUGH THE MPC (INCLUDING THE QUALITY OF SUCH INVENTORY OR PERFORMANCE ISSUES THEREOF); (aII) CAUSED BY FACTORS OUTSIDE ANY DATA OR INFORMATION TRANSMITTED, COLLECTED, PROCESSED OR EXCHANGED AS PART OF NWEA’S REASONABLE CONTROLTHE SOLUTION; OR (bIII) RESULTING FROM THE CREDITWORTHINESS OR FINANCIAL STANDING OF ANY ACTION BUYER OR INACTION SELLER. IN THE EVENT CUSTOMER REQUIRES SPECIFIC ADDITIONAL TERMS OR CONDITIONS GOVERNING THE PURCHASE OR SALE OF SUBSCRIBER INVENTORY, CUSTOMER MAY NEGOTIATE AND ENTER INTO A SEPARATE AGREEMENT DIRECTLY WITH A PARTICULAR MPC BUYER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF SELLER, AS THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSCASE MAY BE.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED SET FORTH IN THIS SECTION 157 (WARRANTY) AND SECTION 11 (REPRESENTATIONS AND WARRANTIES), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLSIC DISCLAIMS ALL WARRANTIES, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGORAL OR WRITTEN, BUT NOT LIMITED TOWITH RESPECT TO THE PRODUCTS, ANY INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. LAWS FROM TIME TO TIME IN FORCE IN CERTAIN JURISDICTIONS MAY IMPLY WARRANTIES THAT CANNOT BE EXCLUDED OR CAN ONLY BE EXCLUDED TO A PARTICULAR PURPOSE LIMITED EXTENT, AND THIS AGREEMENT SHALL BE READ AND CONSTRUED SUBJECT TO ANY SUCH STATUTORY PROVISIONS. PURCHASER SHALL BE RESPONSIBLE FOR ANY WARRANTY IT EXTENDS, EITHER DIRECTLY OR USE; INDIRECTLY, EXPRESSLY OR BY OPERATION OF LAW, BEYOND THE WARRANTY EXPRESSLY GRANTED IN THIS SECTION 7 (iiiWARRANTY). LSIC IS NOT RESPONSIBLE FOR (I) QUALITY; (iv) PRODUCTIVENESS; DAMAGES CAUSED BY PURCHASER'S FAILURE TO PERFORM PURCHASER'S RESPONSIBILITIES OR (vII) CAPACITY, OR THAT DAMAGES DUE TO DETERIORATION DURING PERIODS OF STORAGE BY PURCHASER LONGER THAN THOSE PERIODS SET FORTH IN THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSPRODUCT DOCUMENTATION.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, CUSTOMER ACKNOWLEDGES THAT THE SERVICE IS PROVIDED “AS IS”, AND THAT VIDCRUITER MAKES NO OTHER REPRESENTATIONS AND PROVIDES NO OTHER WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, INCLUDING ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING. SPECIFICALLY, BUT WITHOUT LIMITATION, VIDCRUITER DOES NOT LIMITED TOREPRESENT, WARRANT OR OFFER ANY IMPLIED WARRANTIES OF CONDITIONS THAT: (iI) MERCHANTABILITYTHE INFORMATION OR MATERIALS ON THIS WEBSITE OR SERVICE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (iiII) FITNESS FOR A PARTICULAR PURPOSE THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR USE; (iii) QUALITY; (iv) PRODUCTIVENESSERROR-FREE; OR (vIII) CAPACITY, DEFECTS WILL BE CORRECTED. INFORMATION SENT OR THAT RECEIVED OVER THE OPERATION INTERNET IS GENERALLY UNSECURE AND VIDCRUITER CANNOT AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY CONCERNING SECURITY OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA COMMUNICATION TO OR FROM NWEA’S NETWORK THE WEBSITE OR OVER SERVICE OR ANY REPRESENTATION OR WARRANTY REGARDING THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED INTERCEPTION BY THIRD PARTIES. AT TIMES, ACTIONS PARTIES OF PERSONAL OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSOTHER INFORMATION.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ETOP MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, A PARTICULAR PURPOSE. THE SERVICES AND MATERIALS ARE PROVIDED BY ETOP ON AN “AS-IS” WITHOUT WARRANTY OF ANY KINDBASIS. ETOP DOES NOT REPRESENT, EITHER EXPRESS WARRANT, AND/OR IMPLIED, COVENANT THAT THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (iREPORTS, ADVICE AND RECOMMENDATIONS, IN ANY FORM) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE PROVIDED BY ETOP IN CONNECTION WITH THIS AGREEMENT AND/OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; SOW, ARE OR (v) CAPACITYWILL NECESSARILY ALWAYS BE COMPLETELY ACCURATE, CURRENT, COMPLETE AND/OR CONTINUOUSLY AVAILABLE. ETOP DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SERVICE WILL BE AVAILABLE WITHOUT INTERRUPTION OR TOTALLY ERROR-FREE, OR THAT ALL DEFECTS (INCLUDING, BUT NOT LIMITED TO, MINOR OR COSMETIC DEFECTS THAT DO NOT SIGNIFICANTLY AND ADVERSELY AFFECT FUNCTIONALITY) WILL BE CORRECTED. ETOP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES AND/OR OTHER LOSS AND/OR DAMAGE RESULTING FROM (A) TRANSFER OF DATA OVER COMMUNICATION NETWORKS SUCH AS THE OPERATION OF INTERNET AND/OR (B) INABILITY TO ACCESS AND/OR GET ACCURATE DATA FROM THIRD-PARTY SYSTEMS AND/OR APPLICATIONS THAT THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSARE DEPENDENT ON.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY PROVIDED IN SECTION 158.2 (SERVICE, SOFTWARE, API/XML, REVEL POS PLATFORM WARRANTY) AND SECTION 8.3 (PROFESSIONAL SERVICES WARRANTY) AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REVEL POS PLATFORM, SERVICE, SOFTWARE, API/XML, SUPPORT SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED “AS-AS IS” WITHOUT WARRANTY AND REVEL, ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOAND DISCLAIM ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES, INCLUDING ANY WARRANTIES OF (i) MERCHANTABILITY; (ii) , SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. REVEL DOES NOT REPRESENT OR WARRANT THAT THE REVEL POS PLATFORM, SERVICE, SOFTWARE OR API/XML WILL BE ERROR FREE, UNINTERRUPTED OR FREE OF HARMFUL COMPONENTS OR THAT CUSTOMER DATA OR CUSTOMER MATERIALS, WILL BE SECURE OR NOT LOST OR DAMAGED. REVEL SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY INTERNET AND ELECTRONIC COMMUNICATIONS OR PERFORMANCE ISSUES (a) OTHER SYSTEMS OUTSIDE ITS REASONABLE CONTROL, INCLUDING ANY HARM OR DAMAGES CAUSED BY FACTORS OUTSIDE THIRD-PARTY HOSTING PROVIDERS. THE LIMITED WARRANTIES PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT. REVEL MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ON BEHALF OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSPARTY PROVIDER.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY PROVIDED IN SECTION 15SECTIONS 11.1 AND 11.2 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “ASU-IS” WITHOUT WARRANTY VISIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOAND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES, SUPPORTED EQUIPMENT OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; RELATED DOCUMENTATION. U-VISIT DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, TIMELY, ERROR-FREE OR (v) CAPACITYUNINTERRUPTED, OR THAT THE OPERATION OF SERVICES ARE OR WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE SERVICES IS ERROR-FREEWILL MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS PROVIDED HEREIN SECTION 11.1 AND 11.2, THE ENTIRE RISK SERVICES AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED SUPPORTED EQUIPMENT ARE PROVIDED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AN “AS IS” AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS“AS AVAILABLE” BASIS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS EXPRESSLY REPRESENTED OR WARRANTED IN SECTION 157, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION SERVICES, THE DOCUMENTATION, AND ALL SERVICES PERFORMED BY PROVIDER ARE PROVIDED “AS-AS IS,” WITHOUT WARRANTY OF AND PROVIDER DISCLAIMS ANY KINDAND ALL OTHER PROMISES, EITHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; DATA ACCURACY. PROVIDER DOES NOT WARRANT THAT THE APPLICATION SERVICES OR (v) CAPACITY, ANY OTHER SERVICES PROVIDED BY PROVIDER WILL MEET CLIENT’S REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES IS APPLICATION SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. EXCEPT AS PROVIDED HEREPROVIDER’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBERINTERNET AND ELECTRONIC COMMUNICATIONS. THERE PROVIDER IS NO WARRANTY NOT RESPONSIBLE FOR DATA SECURITY ANY DELAYS, DELIVERY FAILURES, OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. NEITHER PROVIDER, NOR ITS THIRD-PARTY HOSTING SERVICE OR SOFTWARE PROVIDERS, SHALL HAVE ANY ACTION LIABILITY WHATSOEVER FOR THE ACCURACY, COMPLETENESS, OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE TIMELINESS OF THE SERVICES BASED ON THE FLOW OF DATA TO CLIENT DATA, OR FROM NWEA’S NETWORK FOR ANY DECISION MADE OR OVER THE INTERNET, WHICH DEPEND ACTION TAKEN BY CLIENT IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS RELIANCE UPON ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSCLIENT DATA.

Disclaimer. EXCEPT FOR THE SYSTEM AND ALL SERVICES RENDERED IN CONNECTION WITH IT ARE PROVIDED "AS IS." WELLPOINT DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15OR IMPLIED, RELATING TO THE MAXIMUM SYSTEM AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. TO THE GREATEST EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY WELLPOINT EXPRESSLY DISCLAIMS ALL LIABILITY OF ANY KINDKIND ARISING FROM OR IN CONNECTION WITH (i) TRADING PARTNER'S (AND ITS CLIENT PROVIDERS', EITHER EXPRESS AS APPLICABLE) ACTIONS IN USING AND/OR IMPLIEDOPERATING 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 LIMITED LIMTIED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREELOST PROFIT. EXCEPT AS PROVIDED HEREFOR INDEMNIFICATION CLAIMS UNDER SECTION 9.1 ABOVE, THE ENTIRE RISK AND LIABILITY IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OR RELATING TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS POSSIBILITY OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSDAMAGES.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROGRAM IS PROVIDED “AS-“ AS- IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i( i ) MERCHANTABILITY; (ii( i i ) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii( i i i ) QUALITY; (( iv) PRODUCTIVENESS; OR (( v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES PROGRAM INCLUDED WITHIN THE PROGRAM IS ERROR-ERROR- FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES PROGRAM REMAINS WITH SUBSCRIBERDISTRICT. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (( a) CAUSED BY FACTORS OUTSIDE OF NWEA’S ’ S REASONABLE CONTROL; OR (( b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER DISTRICT OR ANY THIRD PARTIES; OR (( c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES PROGRAM BASED ON THE FLOW OF DATA TO OR FROM NWEA’S ’ S NETWORK OR OVER AND OTHER PORTIONS OF THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S DISTRICT’ S CONNECTIONS TO THE INTERNETINTERNET ( OR PORTIONS THEREOF). ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Disclaimer. EXCEPT FOR THE SYSTEM AND ALL SERVICES RENDERED IN CONNECTION WITH IT ARE PROVIDED "AS IS." WELLPOINT DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15OR IMPLIED, RELATING TO THE MAXIMUM SYSTEM AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE GREATEST EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY WELLPOINT EXPRESSLY DISCLAIMS ALL LIABILITY OF ANY KINDKIND ARISING FROM OR IN CONNECTION WITH (i) TRADING PARTNER'S (AND ITS CLIENT PROVIDERS', EITHER EXPRESS AS APPLICABLE) ACTIONS IN USING AND/OR IMPLIEDOPERATING 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 LIMITED LIMTIED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREELOST PROFIT. EXCEPT AS PROVIDED HEREFOR INDEMNIFICATION CLAIMS UNDER SECTION 9.1 ABOVE, THE ENTIRE RISK AND LIABILITY IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OR RELATING TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS POSSIBILITY OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSDAMAGES.

Disclaimer. EXCEPT 8.1 Except as set forth above in Section 7, MITEL PROVIDES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR THE EXPRESS LIMITED A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY PROVIDED IN SECTION 15ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. 9 LIMITATION, EXCLUSION AND APPLICATION 9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT SHALL MITEL BE LIABLE FOR THE FOLLOWING DAMAGES DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THESE SERVICE TERMS, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY SERVICES, OR CUSTOMER DATA: (A) ALL INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL AND PUNITIVE DAMAGES; AND (B) ALL DAMAGES FOR LOST PROFITS, REVENUE OR EARNINGS, LOST, HACKED OR CORRUPTED DATA, UNAUTHORIZED ACCESS TO DATA OR THE IMPLEMENATION Services, DELAYS OR FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION, FAILURE TO REALIZE EXPECTED SAVINGS AND COST OF ANY KINDSUBSTITUTE SOFTWARE, EITHER EXPRESS HARDWARE OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITYSERVICES; (iiII) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF USE OF OR IN CONNECTION WITH THESE SERVICE TERMS, THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO OR CUSTOMER DATA, EXCEED THE AMOUNTS RECEIVED BY MITEL FROM YOU (OR FROM YOUR MITEL AUTHORIZED RESELLER) FOR THE SERVICSE; AND (III) THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET OUT IN THESE SERVICE TERMS SHALL APPLY: (A) WHETHER AN ACTION, CLAIM OR DEMAND ARISES FROM A BREACH OF WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES CONDITION, BREACH OF CONTRACT, TORT (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY LIABILITY OR ANY THIRD PARTIESOTHER THEORY OF LIABILITY; (B) WHETHER OR NOT SUCH DAMAGES COULD REASONABLY BE FORESEEN OR THEIR POSSIBILITY HAS BEEN DISCLOSED TO US; AND (cC) RESULTING FROM SCHEDULED MAINTENANCE PERIODSTO US, OUR AFFILIATES, AND THIER RESPECTIVE SERVICE PROVIDERS AND SUPPLIERS, SUCCESSORS AND ASSIGNS AND (D) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. 9.2 No action arising out of this Agreement may be brought by Customer more than eighteen (18) months after the cause of action has arisen. 9.3 It is Customer’s sole responsibility to determine based on the information provided by Mitel whether the Services and Deliverables meet the Customer’s needs. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETCustomer shall determine before ordering, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSif these Services and Deliverables meet Customer’s needs.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS OTHERWISE EXPRESSLY SET FORTH IN SECTION 15THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY (A) WALLFLOWER MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TO, ANY IMPLIED INCLUDING WITHOUT LIMITATION WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE; (iiiB) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF CUSTOMER’S USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY BRAND FEATURES, FAILCON MATERIALS AND CUSTOMER’S PRODUCTION AND ORGANIZATION OF EACH FAILCON CONFERENCE ARE AT PRODUCER’S OWN DISCRETION AND RISK, AND PRODUCER WILL BE SOLELY RESPONSIBLE FOR DATA SECURITY ANY DAMAGE THAT RESULTS FROM SUCH USE AND SUCH FAILCON CONFERENCE; (C) WALLFLOWER DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR PERFORMANCE ISSUES (a) ENTITY FOR LOSS OR DAMAGE CAUSED BY FACTORS OUTSIDE OR IN CONNECTION WITH (1) CUSTOMER’S USE OF NWEA’S REASONABLE CONTROL; THE BRAND FEATURES OR FAILCON MATERIALS OR (b2) RESULTING FROM PRODUCER’S PRODUCTION OR ORGANIZATION OF ANY ACTION OR INACTION FAILCON CONFERENCE, INCLUDING WITHOUT LIMITATION PRODUCER’S BREACH OF SUBSCRIBER OR ANY OBLIGATION TO ANY THIRD PARTIES; PARTY IN CONNECTION THEREWITH, AND (D) WALLFLOWER MAKES NO REPRESENTATIONS OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE SERVICES BASED ON USE OF THE FLOW BRAND FEATURES OR FAILCON MATERIALS OR THE PRODUCTION OR ORGANIZATION OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND ANY CONFERENCE IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSGEOGRAPHIC AREA.

Disclaimer. EACH PARTY AGREES THAT IN ENTERING INTO THIS AGREEMENT IT HAS NOT RELIED UPON ANY ADVICE, INFORMATION, OR REPRESENTATIONS, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE OTHER PARTY OR ELSEWHERE AND THAT NO WARRANTY OR WARRANTIES EXIST BEYOND THOSE EXPRESSLY STATED IN THIS AGREEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT NON-HUDL HARDWARE IS SUBJECT TO SEPARATE WARRANTIES PROVIDED BY ITS MANUFACTURER(S) AND THAT THE WARRANTIES IN SECTION 8 DO NOT APPLY, AND HUDL STRICTLY DISCLAIMS, ALL WARRANTIES WITH RESPECT TO NON-HUDL HARDWARE. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY AND SPECIFICALLY PROVIDED IN SECTION 15THIS AGREEMENT: (A) CUSTOMER ASSUMES SOLE RESPONSIBILITY FOR ITS RESULTS AND INFORMATION OBTAINED FROM ITS USE OF THE PRODUCTS OR CONTENT AND FOR CONCLUSIONS DRAWN FROM SUCH USE; (B) HUDL AND ITS AFFILIATES SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR (I) ANY DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION OR CONTENT, (II) ANY INSTRUCTIONS, SCRIPTS, OR CUSTOMER MATERIALS PROVIDED TO HUDL OR ITS AFFILIATES BY CUSTOMER IN CONNECTION WITH THE PRODUCTS, (III) OR ANY ACTIONS TAKEN BY HUDL OR ITS AFFILIATES AT CUSTOMER’S DIRECTION; (C) NOWARRANTY OF ANY KIND THAT THE DELIVERABLES, PRODUCTS OR CONTENT WILL MEET CUSTOMER’S REQUIREMENTS IS MADE OR GIVEN; (D) ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALLOTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDED FROM THIS AGREEMENT; AND (E) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8, THE SERVICES PRODUCTS, DELIVERABLES, AND CONTENT ARE PROVIDED TO CUSTOMER ON AN “AS-AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.BASIS.‌‌

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY GLOBAL OTC SYSTEM AND GLOBAL OTC CONNECTION ARE PROVIDED IN SECTION 15TO USER ON AN “AS IS” BASIS. ATS, NYSE TECHNOLOGIES CONNECTIVITY, INC., THE THIRD PARTY PROVIDERS AND EACH OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS ARE REFERRED TO AS THE “DISSEMINATING PARTIES.” WITH RESPECT TO THE GLOBAL OTC SYSTEM, GLOBAL OTC CONNECTION, AND THEIR RESPECTIVE CONTENTS, THE DISSEMINATING PARTIES DO NOT MAKE ANY REPRESENTATIONS AND, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KINDKIND TO USER, EITHER EXPRESS END USER OR IMPLIEDANY THIRD PARTY. THIS DISCLAIMER INCLUDES REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, INCLUDINGTIMELINESS, BUT NOT LIMITED TOCOMPLETENESS, ANY IMPLIED WARRANTIES OF (i) SEQUENCING, LATENCY, CURRENTNESS, NON- INFRINGEMENT, MERCHANTABILITY; (ii) , OR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE, AND ANY REPRESENTATIONS OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; WARRANTIES ARISING FROM USAGE OR (v) CAPACITY, CUSTOM OF TRADE OR THAT THE BY OPERATION OF LAW. THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HEREDISSEMINATING PARTIES ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS, DELAYS, INACCURACIES, SYSTEM FAILURES OR ANY OTHER FAILURES OR SHORTCOMINGS IN CONNECTION WITH THE ENTIRE RISK USER’S OR END USER’S RECEIPT AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR GLOBAL OTC SYSTEM OR GLOBAL OTC CONNECTION, AND DO NOT GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE PROVIDED AS PART OF THE SERVICES BASED ON THE FLOW OF DATA TO GLOBAL OTC SYSTEM OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSGLOBAL OTC CONNECTION.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW BUT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY (1) NEITHER PARTY MAKES ANY ADDITIONAL WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR GUARANTY OF ANY KINDKIND TO THE OTHER PARTY, EITHER EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY, OR IMPLIEDOTHERWISE, (2) EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, UNDERTAKINGS AND GUARANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) WITH RESPECT TO TITLE, MERCHANTABILITY; (ii) , NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND (3) LD’S LIABILITY UNDER ANY IMPLIED OR USESTATUTORY WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE SERVICES TO SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF SUPPLYING THE SERVICES AGAIN. LD DOES NOT REPRESENT OR WARRANT THAT: (I) THE SERVICES WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS; (iiiII) QUALITY; (iv) PRODUCTIVENESSTHE SUBSCRIPTION SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE RESULTS OBTAINED FROM ITS USE WILL BE ACCURATE OR RELIABLE; OR (vIII) CAPACITY, OR THAT THE OPERATION OF ALL DEFICIENCIES IN THE SERVICES IS ERROR-FREECAN BE FOUND OR CORRECTED. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES LD WILL NOT BE RESPONSIBLE FOR: (aA) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW LOSS OF DATA THAT IS NOT DUE TO A BREACH OF THIS AGREEMENT BY LD; (B) THE INABILITY OF CUSTOMER TO ACCESS OR FROM NWEA’S NETWORK OR OVER INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, WHICH DEPEND IN LARGE PART ON OTHER NETWORKS OR USERS THAT COMPRISE THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS THE INFORMATIONAL OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Disclaimer. USE OF THE APPLICATIONS IS NOT, AND IS NOT INTENDED TO BE, A SUBSTITUTE FOR THE PROFESSIONAL JUDGEMENT OF AUTHORIZED PARTIES, INCLUDING DISPATCHERS, LAW ENFORCEMENT OFFICERS, INVESTIGATORS OR FIRST RESPONDERS. THE APPLICATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND THE DATA PROVIDED BY MARK43 THEREIN (INCLUDING ANY THIRD-PARTY DATA) SHOULD NOT REPLACE OTHER EMERGENCY INFORMATION AND SHOULD NOT BE EXCLUSIVELY RELIED- UPON IN AN EMERGENCY SCENARIO. SUBSCRIBER SHALL BE RESPONSIBLE FOR ALL ITS OWN ACTIONS OR FAILURE TO ACT IN CONNECTION WITH THE APPLICATIONS, INCLUDING WITH RESPECT TO COMPLIANCE WITH APPLICABLE LAWS, AND MARK43 ASSUMES NO RESPONSIBILITY OR RISK FOR SUBSCRIBER’S USE OR MISUSE OF, OR FAILURE TO USE, THE INFORMATION PROVIDED THROUGH THE APPLICATIONS. SUBSCRIBER ACKNOWLEDGES THAT THE APPLICATIONS DO NOT PROVIDE LEGAL ADVICE. EXCEPT FOR THE EXPRESS LIMITED WARRANTY WARRANTIES PROVIDED BY MARK43 IN SECTION 15SECTIONS 8.1 AND 8.2, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY MARK43 MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOAND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE APPLICATION. MARK43 DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR FREE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, UNINTERRUPTED OR THAT SUBSCRIBER DATA WILL BE SECURE OR NOT LOST OR DAMAGED. THE OPERATION LIMITED WARRANTIES PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED TO SUBSCRIBER IN CONNECTION WITH THE PROVISION OF THE SERVICES IS ERROR-FREESERVICES. EXCEPT AS PROVIDED HEREMARK43 SHALL NOT BE LIABLE FOR DELAYS, THE ENTIRE RISK AND LIABILITY ARISING OUT OF INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY INTERNET AND ELECTRONIC COMMUNICATIONS OR PERFORMANCE ISSUES (a) OTHER SYSTEMS OUTSIDE ITS REASONABLE CONTROL, INCLUDING ANY HARM OR DAMAGES CAUSED BY FACTORS OUTSIDE ITS CLOUD PROVIDERS. MARK43 MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY THIRD- PARTY DATA, THIRD-PARTY COMPONENT, INTEGRATED APPLICATION, OR ON BEHALF OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSINTEGRATED APPLICATION PROVIDER.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS SET FORTH IN SECTION 157.2 ABOVE, THE SERVICES, DOCUMENTATION, AND ANY OTHER MATERIALS OR INFORMATION FURNISHED OR PROVIDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USER UNDER THE SERVICES AGREEMENT ARE PROVIDED “AS-AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR AND FELDERA AND ITS LICENSORS MAKE NO WARRANTIES, WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOREGARDING OR RELATING TO SAME. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY FELDERA AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYAND NON-INFRINGEMENT. FURTHER, OR THAT THE OPERATION FELDERA DOES NOT WARRANT ANY RESULTS OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USER’S USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF SERVICES, THAT THE SERVICES BASED ON WILL BE RELIABLE, ERROR FREE OR UNINTERRUPTED OR THAT ANY ERRORS OR DEFECTS IN THE FLOW SERVICES WILL BE CORRECTED. FELDERA USES A THIRD-PARTY DATA CENTER TO HOST THE SERVICES. THE USER ACKNOWLEDGES THAT FELDERA DOES NOT CONTROL THE TRANSFER OF DATA TO OR FROM NWEA’S NETWORK OR OVER SUCH THIRD-PARTY FACILITIES, INCLUDING THE INTERNET, WHICH DEPEND AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS USE OF SUCH THIRD PARTIES CAN IMPAIR THIRD-PARTY FACILITIES. FELDERA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY OTHER DAMAGE RESULTING FROM OR RELATED TO SUCH EVENTSTHEREFROM.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DOES NOT GUARANTEE THAT (A) THE SERVICES ARE PROVIDED “ASWILL BE PERFORMED ERROR-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS FREE OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYUNINTERRUPTED, OR THAT THE COMPANY WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH THE DATA OR CUSTOMER’S OTHER APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY THE COMPANY, AND (C) THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS OR ANY REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS OF CUSTOMER’S PATIENTS. THE CUSTOMER ACKNOWLEDGES THAT THE COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, THE CUSTOMER’S OWN DATA SYSTEMS AND IT NETWORKS, THE SIEMENS ECOSYSTEM, THE DATA HOSTING AND STORAGE FACILITIES OF MICROSOFT AZURE OR ANY HOSTING SERVICES PROVIDE, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THE COMPANY IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES IS ERROR-FREETHAT ARISE FROM THE DATA. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA COMPANY DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLYMAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, NWEA ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD-PARTY CONTENT, AND DISCLAIMS ANY LIABILITY RESULTING ALL LIABILITIES ARISING FROM OR RELATED TO SUCH EVENTSTHIRD PARTY CONTENT.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY PROVIDED IN SECTION 15HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TTEC SERVICES AND DOCUMENTATION ARE PROVIDED DELIVERED “AS-AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KINDKIND BY EITHER TTEC OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, EITHER EXPRESS PRODUCTION, DISTRIBUTION OR IMPLIEDDELIVERY OF THE APPLICATION, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON- INFRINGEMENT. TTEC MAKES NO REPRESENTATIONS OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; WARRANTIES ABOUT THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY OR (v) CAPACITYSUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE TTEC SERVICES OR DOCUMENTATION. TTEC MAKES NO WARRANTY THAT THE TTEC SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR THAT WILL MEET CLIENT’S REQUIREMENTS. THE OPERATION OF THE TTEC SERVICES IS ERROR-FREEARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK TTEC DOES NOT AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEATTEC’S NETWORK OR OVER AND OTHER PORTIONS OF THE INTERNET, WHICH DEPEND . SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIESPARTIES (SUCH AS NETWORK CARRIERS). AT TIMES, ACTIONS, OR IN ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBERCLIENT’S CONNECTIONS TO THE INTERNETINTERNET (OR PORTIONS THEREOF). ALTHOUGH NWEA USES TTEC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND TO AVOID SUCH EVENTS, NWEA DOES NOT TTEC CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA TTEC DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. CLIENT IS SOLELY RESPONSIBLE FOR THE CONNECTION TO THE SERVICES, INCLUDING THE INTERNET CONNECTION. NEITHER PARTY NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, OWNERS AND SUPPLIERS, SHALL HAVE ANY LIABILITY TO THE OTHER PARTY WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE LOSS, DAMAGE, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, DATA, REVENUE, PROFITS, OR USE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY ARE FORESEEABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. EXCEPT FOR ANY LIABILITIES THAT CANNOT BE LIMITED BY LAW, IN NO EVENT SHALL THE CUMULATIVE AMOUNT OF TTEC’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) TO CLIENT ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE TTEC SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, AND RELATED CONTENT THROUGH THE TTEC SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE TTEC SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF TTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY AND ALL CLAIMS SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID BY CLIENT TO TTEC PURSUANT TO THE TERMS OF THIS EUA DURING THE PREVIOUS 12 MONTHS, WITH RESPECT TO THE TTEC SERVICES. Client will defend TTEC and its affiliates from and against any and all third party claims, actions, suits, proceedings arising from or related to Client’s or any authorized user’s violation of this EUA (a “Claims Against TTEC”), and will indemnify TTEC and its affiliates for all reasonable attorney’s fees incurred and damages and other costs finally awarded against TTEC or its affiliates in connection with or as a result of, and for amounts paid by TTEC or its affiliates under a settlement or final judgement that Client approves of in connection with a Claim Against TTEC. TTEC must provide Client with prompt written notice of any Claims Against TTEC and allow Client the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting Client’s defense and settlement of such matter. TTEC will defend Client from and against any and all third party claims, actions, suits, proceedings arising from or related to any claims that the TTEC Services violate a United States patent or copyright of a third party(a “Claims Against Client”), and will indemnify Client for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Client in connection with or as a result of, and for amounts paid by Client under a settlement or final judgement that TTEC approves of in connection with a Claim Against Client. Client must provide TTEC with prompt written notice of any Claims Against Client and allow TTEC the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting TTEC’s defense and settlement of such matter.

Disclaimer. EXCEPT FOR 13.1 EACH PARTY ACKNOWLEDGES THAT THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, COMPOUNDS AND PROGRAM COMPOUND INFORMATION WHICH WILL BE PRODUCED PURSUANT TO THE MAXIMUM EXTENT PERMITTED BY RESEARCH PROGRAM ARE EXPERIMENTAL AND THEIR PROPERTIES ARE NOT COMPLETELY KNOWN. EACH PARTY SHALL BEAR FULL RESPONSIBILITY FOR SAFE HANDLING, STORAGE, TRANSFER AND USE OF ANY COMPOUNDS AND PROGRAM COMPOUND INFORMATION IN ITS POSSESSION. 13.2 EACH PARTY AGREES TO ACT IN ACCORDANCE WITH ALL IMPORT/EXPORT LAWS AND ENVIRONMENTAL AND DRUG LAWS AND REGULATIONS AND ALL OTHER LAWS AND REGULATIONS APPLICABLE LAWTO THE USE AND POSSESSION OF THE COMPOUNDS AND PROGRAM COMPOUND INFORMATION. 13.3 EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES COMPOUNDS AND PROGRAM COMPOUND INFORMATION PROVIDED HEREUNDER. ARE PROVIDED “AS-"AS IS” " AND WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) OR FITNESS FOR A PARTICULAR PURPOSE. 13.4 WITHOUT LIMITING THE PARTIES' RESPECTIVE INDEMNIFICATION OBLIGATIONS UNDER ARTICLE 11, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES INCURRED BY THE OTHER PARTY, INCLUDING LOST PROFITS OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS ANY LIMITED REMEDY PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSHEREIN.

Disclaimer. EXCEPT THE WARRANTIES SET FORTH SECTION 6.1 ARE MADE FOR THE EXPRESS LIMITED WARRANTY BENEFIT OF CLIENT ONLY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTHIS AGREEMENT OR AN ORDER, THE USER GUIDE AND PRODUCT AND OR SERVICES ARE PROVIDED “AS-AS IS,” WITHOUT WARRANTY OF ANY KINDAND POTENTIATE MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , TITLE, NONINFRINGEMENT, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; THE RESULTS CLIENT MAY OBTAIN BY USING THE PRODUCT AND OR (v) CAPACITYSERVICES. POTENTIATE DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT THE OPERATION OF THE PRODUCT AND OR SERVICES IS SHALL BE UNINTERRUPTED OR ERROR-FREEFREE OR THAT IT WILL CORRECT ALL DEFECTS OR PREVENT UNAUTHORIZED ACCESS. EXCEPT AS PROVIDED HERE, POTENTIATE DOES NOT WARRANT THAT THE ENTIRE RISK PRODUCT AND LIABILITY ARISING OUT OF USE OF THE OR SERVICES REMAINS WILL BE COMPATIBLE WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEACLIENT’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER COMPUTER SYSTEMS OR ANY THIRD PARTIES; INTERNET TECHNOLOGY. POTENTIATE DISCLAIMS ALL FAILURES, DELAYS AND OTHER PROBLEMS INHERENT WITH THE INTERNET AND IS NOT RESPONSIBLE FOR ANY CLIENT DATA DELAYED, LOST, ALTERED, INTERCEPTED OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF STORED DURING THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED TRANSMISSION ACROSS NETWORKS NOT OWNED OR CONTROLLED BY THIRD PARTIESPOTENTIATE. AT TIMESSOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, ACTIONS SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CLIENT. IN NO EVENT SHALL POTENTIATE BE REQUIRED TO PROVIDE, OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR BEAR ANY RESPONSIBILITY FOR, ANY TELECOMMUNICATIONS OR DISRUPT SUBSCRIBER’S CONNECTIONS COMPUTER NETWORK HARDWARE REQUIRED BY CLIENT OR ANY AUTHORIZED USER TO ACCESS THE PRODUCT AND OR SERVICES FROM THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAWLAW AND EXCEPT AS OTHERWISE EXPRESSLY SETFORTH IN THIS AGREEMENT, THE PLATFORM, MAINTENANCE AND SUPPORT, AND ANY ADDITIONAL SERVICES ARE PROVIDED “AS-AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KINDKIND AND IGNYTE HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM, MAINTENANCE AND SUPPORT, AND ANY ADDITIONAL SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, TITLE, NON-INFRINGEMENT, OR THAT ANY WARRANTY, GUARANTEE, OR REPRESENTATION REGARDING THE OPERATION USE OR THE RESULTS OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBERPLATFORM, MAINTENANCE AND SUPPORT, AND ANY ADDITIONAL SERVICES. THERE IGNYTE DOES NOT VERIFY, ERROR-CHECK ORWARRANT THE ACCURACY OR FITNESS OF ANY INFORMATION UPLOADED OR ENTERED INTO THE PLATFORM. IGNYTE IS NO WARRANTY NOT RESPONSIBLE FOR DATA SECURITY OR PERFORMANCE ISSUES (a) ANY DEFECT CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING THAT OTHERWISE RESULTS FROM ANY ACTION MODIFICATIONS, MISUSE OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS DAMAGE TO THE INTERNETPLATFORM MADE, PERMITTED OR OTHERWISE CAUSED BY CLIENT IN WHOLE OR IN PART. ALTHOUGH NWEA USES WHILE IGNYTE AND ITS CONTENT PROVIDERS USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY UPDATE THE PLATFORM WITH CONTINUALLY CHANGING LAWS, CODES, STANDARDS, REQUIREMENTS AND AVOID SUCH EVENTSREGULATIONS (COLLECTIVELY, NWEA DOES “LAWS”), INFORMATION AND FORMS, CLIENT MUST ALWAYS EXAMINE THE MOST CURRENT LAWS, INFORMATION, AND FORMS AND MAKE DETERMINATIONS AS TO THEIR APPLICABILITY TO CLIENT’S SITUATION TO ENSURE THAT CLIENT IS IN FULL COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS. IGNYTEDOES NOT GUARANTEE WARRANT THAT SUCH EVENTS USE OF THE PLATFORM WILL NOT OCCUR. ACCORDINGLYRESULT IN CLIENT’S COMPLIANCE WITH ANY APPLICABLE LAWS, NWEA DISCLAIMS AND CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT CLIENT IS SOLELY RESPONSIBLE FOR ENSURING ITS COMPLIANCE WITH ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSAPPLICABLE LAWS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 11 (“LIMITED WARRANTIES”) ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KINDEXCLUSIVE AND THERE ARE NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AND NUANCE HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE, AND/OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; NON-INFRINGEMENT AND TITLE. NUANCE DOES NOT GUARANTEE THAT THE SOFTWARE, EQUIPMENT OR (v) CAPACITYSERVICES WILL YIELD ANY PARTICULAR BUSINESS OR FINANCIAL RESULT, OR THAT THE OPERATION SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION. NUANCE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD-PARTY SOFTWARE OR ANY THIRD-PARTY EQUIPMENT. UNDER NO CIRCUMSTANCES SHALL NUANCE'S THIRD-PARTY SUPPLIERS OF ANY COMPONENT OF THE NUANCE SOFTWARE, HOSTED SERVICES IS ERROROR NUANCE EQUIPMENT BE RESPONSIBLE OR LIABLE TO COMPANY OR ITS AFFILIATES FOR ANY DAMAGES, DIRECT OR OTHERWISE, ARISING UNDER THIS AGREEMENT OR OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN. SUCH THIRD-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE PARTY SUPPLIERS ARE THIRD PARTY BENEFICIARIES OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSFOREGOING SENTENCE.

Disclaimer. 15.2.1 EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES SET OUT IN SECTION 1515.1.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE EACH VERIDIUM SOFTWARE PRODUCT IS PROVIDED “AS-AS IS” WITHOUT ANY WARRANTY OF ANY KINDKIND OR NATURE. EVERY OTHER REPRESENTATION, EITHER EXPRESS WARRANTY, AND CONDITION, WHETHER STATUTORY, COMMON LAW, OR IMPLIEDOTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AGAINST INFRINGEMENT OF ANY KIND OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYNATURE OF ANY KIND OF INTELLECTUAL PROPERTY, ARISING FROM A COURSE OF DEALING, USAGE, OR THAT TRADE PRACTICE, OR OF REASONABLE SKILL AND CARE, IS HEREBY DISCLAIMED BY THE LICENSOR, ITS AFFILIATES, AND THE REPRESENTATIVES OF EACH. THIS DISCLAIMER APPLIES EVEN IF ANY EXPRESS WARRANTY AND LIMITED REMEDY OFFERED BY THE LICENSOR FAILS AS TO ITS ESSENTIAL PURPOSE. 15.2.2 For the avoidance of doubt, except as otherwise expressly set out in Section 15.1 (Limited warranties), the Licensor does not warrant results of use, that use of any Veridium Software Product will be uninterrupted, or that such product (or any Veridium Software) is bug or error free. NO VERIDIUM SOFTWARE PRODUCT IS DESIGNED OR IN- TENDED FOR USE IN ENVIRONMENTS IN WHICH SOFTWARE MALFUNCTIONS WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO ANY PERSON, INCLUDING THE OPERATION OF A NUCLEAR FACILITY, AN AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEM, AN AIR TRAFFIC CONTROL SYSTEM, OR ANY OTHER COMPARABLE FAIL-SAFE DEVICE OR SYSTEM (“HAZARDOUS APPLI- CATIONS”). THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERELICENSEE ASSUMES ALL RISKS, THE ENTIRE RISK INJURIES, LOSSES, AND LIABILITY LIABILITIES ARISING OUT OF THE USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR VERIDIUM SOFTWARE PRODUCT IN ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSHAZARDOUS APPLICATIONS.

Disclaimer. 5.1.1 EXCEPT FOR THE AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY MAKES ANY WARRANTY, EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS UNDER OR IMPLIEDIN CONNECTION WITH THIS POLICY, INCLUDINGWHETHER OF TITLE, BUT NOT LIMITED TONON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYOTHERWISE, INCLUDING AS TO THE ALLIANCE DELIVERABLES, MEMBER CONTRIBUTIONS, OR THAT OTHER ITEMS FURNISHED HEREUNDER. ALL THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT FOREGOING ARE PROVIDED HEREUNDER STRICTLY ON AN “AS PROVIDED HEREIS” AND “AS AVAILABLE” BASIS AND EACH PARTY EXPRESSLY ASSUMES ALL RISKS ASSOCIATED THEREWITH. 5.1.2 NEITHER PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, THE ENTIRE RISK AND LIABILITY PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THIS POLICY OR THE USE OF THE SERVICES REMAINS ALLIANCE DELIVERABLES, MEMBER CONTRIBUTIONS, OR OTHERWISE IN CONNECTION WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER THIS POLICY, WHETHER IN A CONTRACT, TORT, OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OTHER CAUSE OF ACTION. 5.1.3 IN ANY EVENT, EACH PARTY’S TOTAL LIABILITY HEREUNDER FOR ANY REASON SHALL NOT EXCEED THE SERVICES BASED ON THE FLOW AGGREGATE AMOUNT OF DATA TO OR FROM NWEAMEMBER’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS PAYMENTS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS ALLIANCE PRIOR TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED THE EVENT GIVING RISE TO SUCH EVENTSLIABILITY 5.1.4 Each Party agrees and acknowledges that the disclaimers and liability limitations herein have been relied upon by the Parties in entering into this Policy and are fair and reasonable under the circumstances. ANY OR ALL OF SECTIONS 5.1.1, 5.1.2, AND 5.1.3: (i) MAY NOT APPLY IN CERTAIN JURISDICTIONS WHICH LIMIT OR PRECLUDE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY, OR THE DISCLAIMER OF WARRANTIES; AND (ii) SHALL APPLY ONLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 1521, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “"AS-IS” " WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) , QUALITY; (iv) PRODUCTIVENESS; , PRODUCTIVENESS OR (v) CAPACITY, OR THAT THE OPERATION OF THE SOFTWARE INCLUDED WITIIIN THE SERVICES IS SHALL BE ERROR-FREE. , EXCEPT AS PROVIDED HEREHEREIN, THE ENTIRE RISK AND LIABILITY ARISING OUT OF THE USE OF THE SERVICES REMAINS WITH SUBSCRIBER, INCLUDING BUT NOit LIMITED TO, WHEN SUBSCRIBER'S PRACTICES ARE INCONSISTENT WITH THE STANDARDS FOR' EDYCA:TIONAL AND PSYCHOLOGICAL TESTING (1999) BY THE AMERICAN EDUCATIONAL RESEARCH ASSO()]IATION. THERE IS NO T EREISNO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S NWE,l.'S,REASONABLE CONTROL; OR (b) RESULTING IBAT RJi;SULTED FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIESSl!▇.▇▇€RIBER'S TIIIRD PAR'fIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.,

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 1519 (LIMITED WARRANTY), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SOFTWARE INCLUDED WITHIN THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER AND OTHER PORTIONS OF THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNETINTERNET (OR PORTIONS THEREOF). ALTHOUGH NWEA USES SHALL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Disclaimer. 8.1 EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS EXPRESSLY SET FORTH IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTHIS AGREEMENT, THE PRODUCTS AND SERVICES ARE PROVIDED “AS-"AS IS” WITHOUT WARRANTY AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR (v) CAPACITY, COURSE OF PERFORMANCE. OCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE OPERATION PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, FREE OF THE SERVICES IS HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. EXCEPT AS PROVIDED HEREINSTITUTION MAY INTEGRATE OCLC’S PRODUCTS AND SERVICES WITH THIRD PARTY PRODUCTS AND SERVICES. HOWEVER, THE ENTIRE RISK AND LIABILITY SUBJECT ALWAYS TO SECTION 10.1, IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF USE FAILURE OF THE SUCH THIRD PARTY PRODUCTS OR SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OTHER EVENTS OUTSIDE OF NWEAOCLC’S REASONABLE CONTROL; . ADDITIONALLY, SUBJECT ALWAYS TO SECTION 10.1, UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF A DATA OR (b) RESULTING A SECURITY BREACH ORIGINATING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR PARTY SOFTWARE. THIS SECTION WILL NOT APPLY TO DAMAGES OR DISRUPT SUBSCRIBER’S CONNECTIONS OTHER REMEDIES OR GUARANTEES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSFULLEST EXTENT PERMITTED).

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY WARRANTIES PROVIDED IN THIS SECTION 15, 23 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES SOFTWARE, APPLICABLE, THE SUBSCRIPTION SERVICES, AS APPLICABLE, THE PROFESSIONAL SERVICES, IF ANY, AND THE PRODUCTS, IF ANY, ARE PROVIDED “AS-AS IS” WITHOUT WARRANTY OF ANY KINDAND “WITH ALL FAULTS,” AND SUPPLIER DISCLAIMS ALL OTHER WARRANTIES, EITHER REPRESENTATIONS, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDINGINCLUDING THE IMPLIED WARRANTY AND CONDITION OF MERCHANTABILITY, BUT NOT LIMITED TOSATISFACTORY QUALITY, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) THE USE OF REASONABLE SKILL AND CARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUPPLIER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE USE OF REASONABLE SKILL AND CARE, NON-INFRINGEMENT, SATISFACTORY QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, ACCURACY, FREEDOM FROM ERROR OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT SOFTWARE, AS PROVIDED HEREAPPLICABLE, THE ENTIRE RISK SUBSCRIPTION SERVICES, AS APPLICABLE, THE PROFESSIONAL SERVICES, IF ANY, AND LIABILITY ARISING OUT THE PRODUCTS, IF ANY, WILL MEET ALL OF USE CUSTOMER’S REQUIREMENTS. SUPPLIER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS WITH RESPECT TO ANY THIRD PARTY SOFTWARE, HARDWARE OR SERVICES PROVIDED IN CONNECTION WITH THE SOFTWARE OR THE SUBSCRIPTION SERVICES. SUPPLIER’S LIMITED WARRANTIES DO NOT APPLY TO ANY SOFTWARE WHICH HAS BEEN MODIFIED OR ALTERED IN ANY MANNER BY ANYONE OTHER THAN SUPPLIER OR ITS AUTHORIZED AGENT. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN OR ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, SO THE SERVICES REMAINS WITH SUBSCRIBERABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. THERE IS NO IN THAT EVENT, SUCH WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS ARE LIMITED IN DURATION TO THE WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES PERIOD TO THE EXTENT LEGALLY PERMISSIBLE. Nothing in this Agreement excludes, restricts, or modifies any right or remedy, or any guarantee, representation, warranty, condition or other term, implied or imposed by any applicable law which cannot lawfully be excluded or limited. This may include any consumer law which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, representation, warranty, condition or other term is implied or imposed concerning this Agreement under any consumer law or any other applicable law and cannot be excluded (a “Non-Excludable Provision”), and Supplier is able to limit Customer’s remedy for a breach of the Non- Excludable Provision, then the liability of Supplier for breach of the Non- Excludable Provision is limited to one or more of the following, at Supplier’s option: (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROLin the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; OR or (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODSin the case of services, the supplying of the Subscription Services again, or the payment of the cost of having the Subscription Services supplied again. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETCustomer may make such a guarantee claim by contacting the Supplier at the contact details set forth in the Order Form. The parties agree that it is Customer’s responsibility to determine whether the Software, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIESthe Subscription Services and the Hardware, in each case, as applicable, are suitable for Customer’s requirements. AT TIMESNo other terms, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTSconditions, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLYrepresentations, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSwarranties or guarantees, whether written or oral, express or implied, will form a part of this Agreement or have any legal effect whatsoever.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED PROVIDED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND SUPPORT SERVICES ARE PROVIDED IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND ACCURACY IS WITH YOU, AND AVIGILON AND ITS SUPPLIERS AND LICENSORS PROVIDE THE SOFTWARE AND SUPPORT SERVICES “AS-IS” WITHOUT WARRANTY OF ANY KINDAND WITH ALL FAULTS, EITHER EXPRESS AND HEREBY DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, INCLUDINGOR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF OF: (iA) MERCHANTABILITY; (ii) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USEPURPOSE; (iiiB) QUALITYACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, OR INFORMATIONAL CONTENT; (ivC) PRODUCTIVENESSWORKMANLIKE EFFORT; (D) CORRESPONDENCE TO DESCRIPTION; (E) TITLE OR NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; (F) CUSTOM OR TRADE; (G) QUIET ENJOYMENT; OR (vH) CAPACITYSYSTEM INTEGRATION. AVIGILON MAKES NO WARRANTY THAT ANY PORTION OF THE SOFTWARE WILL OPERATE ERRORFREE, FREE OF ANY SECURITY DEFECTS, OR THAT IN AN UNINTERRUPTED MANNER. AVIGILON SHALL NOT BE RESPONSIBLE FOR PROBLEMS CAUSED BY CHANGES IN THE OPERATION OPERATING CHARACTERISTICS OF THE SERVICES DEVICE(S) UPON WHICH THE SOFTWARE IS ERROR-FREE. EXCEPT AS PROVIDED HEREOPERATING, OR FOR PROBLEMS IN THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE INTERACTION OF THE SERVICES REMAINS SOFTWARE WITH SUBSCRIBERNON-AVIGILON SOFTWARE OR HARDWARE PRODUCTS. THERE IS NO AVIGILON NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON PURPORTING TO ACT ON ITS BEHALF TO MODIFY OR TO CHANGE THIS WARRANTY, NOR TO ASSUME FOR AVIGILON ANY OTHER WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING LIABILITY CONCERNING THE SOFTWARE. YOU MAY HAVE OTHER RIGHTS UNDER MANDATORY LAW THAT VARY FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA STATE TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS STATE AND COUNTRY TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSCOUNTRY.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW8, THE PRODUCTS, PROFESSIONAL SERVICES, DATA, SOFTWARE SERVICES AND SOFTWARE ARE PROVIDED “AS-AS IS” ”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, LIQUID ROBOTICS EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, OR THAT THE OPERATION OF THE SERVICES IS ERRORQUIET ENJOYMENT, NON-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK INFRINGEMENT AND LIABILITY ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LIQUID ROBOTICS MAKES NO WARRANTY THAT THE PRODUCTS, PROFESSIONAL SERVICES, DATA, SOFTWARE SERVICES OR SOFTWARE WILL (1) MEET THE REQUIREMENTS OF CUSTOMER, OR (2) BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LIQUID ROBOTICS MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY DATA. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LIQUID ROBOTICS OR THROUGH THE PRODUCTS, SOFTWARE SERVICES OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN AND LIQUID ROBOTICS MAKES NO WARRANTY THAT THE PRODUCTS, PROFESSIONAL SERVICES, SOFTWARE SERVICE AND SOFTWARE WILL OPERATE OR BE COMPATIBLE WITH ANY THIRD PARTY SOFTWARE OR HARDWARE. LIQUID ROBOTICS IS UNDER NO OBLIGATION TO RETAIN ANY DATA AND LIQUID ROBOTICS WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES RESULTING FROM THE USE OF THE SERVICES REMAINS WITH SUBSCRIBERDATA. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA CERTAIN WARRANTIES SO THIS DISCLAIMER MAY NOT APPLY TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND CUSTOMER IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSFULL.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXABLOX AND ITS SUPPLIERS PROVIDE THE SERVICES ARE PROVIDED ON AN “AS-AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. EXABLOX AND ITS SUPPLIERS DO NOT WARRANT THAT ANY OF THE SERVICES WILL BE UNINTERRUPTED, EITHER EXPRESS ERROR-­‐FREE OR COMPLETELY SECURE. CUSTOMER ACKNOWLEDGES AND AGREES THAT: (I) THE SERVICES MAY INCLUDE ACCESS TO AND USE OF A WEB-­‐DELIVERED PORTAL MADE AVAILABLE TO CUSTOMER BY EXABLOX FOR USE DURING THE TERM OF THIS AGREEMENT; (II) THE SERVICES MAY REQUIRE ACCESS TO AND USE OF THE INTERNET; (III) EXABLOX DOES NOT HAVE ANY RESPONSIBILITY FOR OPERATING OR MAINTAINING CUSTOMER SERVERS AND CUSTOMER’S CONNECTION TO THE INTERNET TO ACCESS AND UTILIZE THE SERVICES; AND (IV) THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER DATA AND CUSTOMER ACCEPTS ALL ASSOCIATED RISKS. EXABLOX AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS, IMPLIED, INCLUDINGORAL OR WRITTEN) WITH RESPECT TO THE SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BUT NOT LIMITED TOBY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY IMPLIED AND ALL: (A) WARRANTIES OF (i) MERCHANTABILITY; (iiB) WARRANTIES OF FITNESS OR SUITABILITY FOR A PARTICULAR ANY PURPOSE (WHETHER OR USENOT EXABLOX KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (iiiC) QUALITY; (iv) PRODUCTIVENESS; WARRANTIES OF NONINFRINGEMENT OR (v) CAPACITY, OR CONDITION OF TITLE. CUSTOMER ACKNOWLEDGES AND AGREES THAT IT HAS RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE OPERATION EXPRESS WARRANTY SET FORTH ABOVE FAILS OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSITS ESSENTIAL PURPOSE.

Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, AND, EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES SET FORTH IN THIS SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW6, THE IRONNET HARDWARE, THE IRONNET OFFERINGS, IAND SERVICES ARE PROVIDED “ON AN AS-IS” WITHOUT WARRANTY IS BASIS. CUSTOMER’S USE OF THE IRONNET HARDWARE, THE IRONNET OFFERINGS, ND IRONNET SERVICES IS AT ITS OWN RISK. IRONNET DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY KIND, EITHER AND ALL OTHER EXPRESS AND/OR IMPLIEDIMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO AGENT OR RESELLER OF IRONNET IS AUTHORIZED TO ALTER OR EXPAND THE WARRANTIES OF IRONNET AS SET FORTH HEREIN. IRONNET DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES IS ERROR-IRONNET HARDWARE AND IRONNET OFFERINGS ARE OR WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT CUSTOMER ACKNOWLEDGES AND AGREES THAT AN IRONNET OFFERING (AS PROVIDED HEREWITH TECHNOLOGY GENERALLY), THE ENTIRE RISK MAY HAVE ERRORS (OR “BUGS”) AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCURMAY ENCOUNTER UNEXPECTED TECHNICAL PROBLEMS. ACCORDINGLY, NWEA DISCLAIMS FROM TIME TO TIME, CUSTOMER MAY EXPERIENCE DOWNTIME AND ERRORS IN THE OPERATION, FUNCTIONALITY OR PERFORMANCE OF AN IRONNET OFFERING. ACCORDINGLY, CUSTOMER SHALL PUT IN PLACE REASONABLE INTERNAL PROCEDURES AND PROCESSES TO ENABLE IT TO MINIMIZE ANY LIABILITY RESULTING FROM INCONVENIENCE AND ANY ADVERSE IMPACT OF ANY SUCH DOWNTIME OR RELATED TO SUCH EVENTSERROR.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY WARRANTIES PROVIDED IN SECTION 158, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE SCHOOLOGY SYSTEM IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES WARRANTY OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) , QUALITY; (iv) PRODUCTIVENESS; , PRODUCTIVENESS OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-SOFTWARE INCLUDED WITHIN THE SCHOOLOGY SYSTEM WILL BE ERROR FREE. EXCEPT AS PROVIDED HEREHEREIN, THE ENTIRE RISK AND LIABILITY ARISING OUT OF THE USE OF THE SERVICES SCHOOLOGY SYSTEM REMAINS WITH SUBSCRIBERCUSTOMER, INCLUDING, BUT NOT LIMITED TO, WHEN CUSTOMER’S PRACTICES ARE INCONSISTENT WITH THE STANDARDS FOR EDUCATIONAL AND PSYCHOLOGICAL TESTING (1999) BY THE AMERICAN EDUCATIONAL RESEARCH ASSOCIATION. WITHOUT LIMITING THE FOREGOING, THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (aA) CAUSED BY FACTORS OUTSIDE OF NWEASCHOOLOGY’S REASONABLE CONTROL; OR (bB) RESULTING THAT RESULTED FROM ANY ACTION OR INACTION OF SUBSCRIBER CUSTOMER OR ANY CUSTOMER’S THIRD PARTIES; OR (cC) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER EYEFINITY NOR ANY OF ITS THIRD PARTY VENDORS MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH OF EYEFINITY AND ITS THIRD PARTY VENDORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15A PARTICULAR PURPOSE, AND ACCURACY OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCTS OR SERVICES, AND ANY OTHER TECHNOLOGY OR FEATURES IN CONNECTION WITH THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS PRODUCTS OR IMPLIEDSERVICES, INCLUDING, BUT NOT LIMITED WITHOUT LIMITATION, ANY TREATMENTS, PROCEDURES, INFORMATION, IMAGES, THIRD-PARTY PRODUCTS, MEDICATIONS AND OTHER MATTERS REFERENCED BY THE PRODUCTS OR SERVICES, REMAINS WITH CUSTOMER. ADDITIONALLY, NEITHER EYEFINITY NOR ITS THIRD PARTY VENDORS WARRANT OR MAKE ANY REPRESENTATION REGARDING (A) THE USE OR THE RESULTS OF THE USE OF ITS PRODUCTS OR SERVICES, WEBSITES OR ANY THIRD PARTY PRODUCTS, SERVICES OR WEBSITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, OR (B) THE ACCURACY OF CODES, IMAGES, INFORMATION OR OTHER DATA PROVIDED BY THE PRODUCTS OR SERVICES. THE CLINICAL INFORMATION PROVIDED BY THE PRODUCTS OR SERVICES IS INTENDED AS A SUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL AND JUDGMENT OF DOCTORS, OR OTHER HEALTHCARE PROFESSIONALS IN PATIENT CARE. THE ABSENCE OF A WARNING FOR A GIVEN DRUG OR DRUG COMBINATION OR OTHER TREATMENT SHOULD NOT BE CONSTRUED TO INDICATE THAT THE DRUG OR DRUG COMBINATION OR OTHER TREATMENT IS SAFE, APPROPRIATE OR EFFECTIVE IN ANY IMPLIED WARRANTIES GIVEN PATIENT. EYEFINITY AND ITS THIRD PARTY VENDORS ARE NOT A HEALTH PLAN, HEALTH CARE PROVIDER OR PRESCRIBER. NEITHER EYEFINITY NOR ITS THIRD PARTY VENDORS GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE PRODUCTS OR SERVICES, WEBSITES AND THE CONTENTS THEREOF, SERVICE ELEMENTS OR RELATED SOFTWARE. CUSTOMER ASSUMES THE ENTIRE RISK WITH RESPECT TO THE PERFORMANCE AND RESULTS IN CONNECTION WITH THE PRODUCTS AND SERVICES AND CUSTOMER’S USE OF THE PRODUCTS AND SERVICES IN CONNECTION WITH CUSTOMER’S HARDWARE. EYEFINITY AND ITS THIRD PARTY VENDORS SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY THE INTERACTION OF THE PRODUCTS OR SERVICES WITH ANY DEVICE OR ANY INFORMATION TECHNOLOGY INFRASTRUCTURE OF CUSTOMER. 5. MUTUAL INDEMNIFICATION 5.1 Indemnification by Eyefinity. Eyefinity shall defend Customer against any claim, demand, suit or proceeding made or brought against Customer by a third party alleging that the use of the Products or Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third party (a “Claim Against Customer”), and shall indemnify Customer for any damages, attorney’s fees and costs finally awarded against Customer as a result of, and for amounts paid by Customer under a court approved settlement of, a Claim Against Customer; provided that Customer (a) promptly provides Eyefinity with written notice of the Claim Against Customer, (b) gives Eyefinity sole control of the defense and settlement of the Claim Against Customer (provided that Eyefinity may not settle or defend any Claim Against Customer unless it unconditionally releases Customer of all liability), and (c) provides to Eyefinity all reasonable assistance, at Eyefinity’s expense. Eyefinity’s foregoing obligations do not apply with respect to Products or Services or portions or components thereof: (i) MERCHANTABILITYnot supplied by Eyefinity; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USEmade in whole or in part in accordance with Customer's specifications; (iii) QUALITYwhich are modified by Customer, if the alleged infringement relates to such modification; (iv) PRODUCTIVENESScombined with other technology (hardware or software), processes or materials where the alleged infringement relates to such combination; OR or (v) CAPACITYwhere Customer continues the allegedly infringing activity after being notified thereof. In the event of a Claim Against Customer, OR THAT THE OPERATION OF THE SERVICES IS ERRORor if Eyefinity reasonably believes the Products or Services may infringe or misappropriate, Eyefinity may in its discretion and at no cost to Customer (i) modify the Services so that they no longer infringe or misappropriate, without breaching Eyefinity’s warranties under “Eyefinity Warranties” section above, (ii) obtain a license for Customer’s continued use of the Products or Services in accordance with this Agreement, (iii) replace the Product or Service with non-FREE. EXCEPT AS PROVIDED HEREinfringing products or services which are substantially similar in functionality and performance, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES or (aiii) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETterminate Customer’s license of such Products or User subscriptions for such Services upon written notice, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSand refund Customer any prepaid fees covering the remainder of the term of such User subscriptions or Product license after the effective date of termination.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES MATERIALS ON PRIORITY ONE’S SITES ARE PROVIDED ON AN “AS-AS IS” WITHOUT WARRANTY OF ANY KINDAND “AS AVAILABLE”. PRIORITY ONE MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGREGARDING MERCHANTABILITY, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, OR THAT NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, PRIORITY ONE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE OPERATION ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE SERVICES USE OF THE MATERIALS ON ITS SITES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THESE SITES. THE INFORMATION AND CONTENT PROVIDED ON OUR SITES IS ERROR-FREEINTENDED FOR INFORMATIONAL PURPOSES ONLY. EXCEPT AS PROVIDED HEREPRIORITY ONE IS NOT RESPONSIBLE FOR ANY CONTENT POSTED BY USERS, THE ENTIRE RISK INCLUDING POSTS MADE BY EMPLOYEES OR AGENTS WHO ARE NOT AUTHORIZED ADMINISTRATORS OF OUR SITES. CONTENT POSTED BY OTHERS IS NOT EDITED BY PRIORITY ONE AND LIABILITY DOES NOT NECESSARILY REPRESENT ITS VIEWS OR OPINIONS. IN NO EVENT SHALL PRIORITY ONE, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON PRIORITY ONE’S SITES, OR FOR LOSS OR DAMAGE THAT RESULTS FROM YOUR FAILURE TO COMPLY WITH THESE TERMS OR OTHER APPLICABLE GUIDELINES, OR FROM ANY TECHNICAL, HUMAN OR SOFTWARE ERRORS OR FAILURES FOUND WITHIN OUR SITES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PRIORITY ONE, ITS OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY WITH RESPECT TO ANY CLAIMS FROM ANY THIRD PARTIES ARISING FROM YOUR USE OF THE SERVICES REMAINS WITH SUBSCRIBEROUR SITES OR VIOLATIONS OF THESE TERMS OR APPLICABLE LAWS AND GUIDELINES. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODSYour use of Priority One’s social media-based websites constitutes your consent to Priority One’s use of information obtained through your site visits. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNETWith respect to content collected through our Sites, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIESPriority One follows the applicable privacy policies of the third-party hosts of our Sites. AT TIMESPlease note that when visiting any Priority One site, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNETyou are also subject to the terms and conditions of Priority One’s privacy notices, as well as the terms of service and privacy policies of third-party hosts, when applicable. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSA copy of our Privacy Policies can be found at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇▇▇ .

Disclaimer. The warranties provided in this Article do not apply if the failure to meet the applicable warranty for the Licensed Software or SaaS is caused (i) by malfunction of non-Licensor hardware or software, (i i ) by modification of the Licensed Software and/or SaaS not made by Licensor, (i i i ) by operator error, or (iv) by use of the Licensed Software and/or SaaS that is not in accordance with any Licensor documentation. EXCEPT FOR THE WARRANTIES EXPRESSLY STATED HEREIN, ALL PRODUCTS ARE PROVIDED “AS-IS,” AND LICENSOR HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 15OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY USE OF ANY KINDSAAS OR LICENSED SOFTWARE WILL BE SECURE, EITHER EXPRESS TIMELY, UNINTERRUPTED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITYERROR-FREE; (iiB) FITNESS FOR A PARTICULAR PURPOSE THE SAAS OR USELICENSED SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (iiiC) QUALITYTHE SAAS OR LICENSED SOFTWARE (OR ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SAAS OR LICENSED SOFTWARE) WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS; (ivD) PRODUCTIVENESSANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (vF) CAPACITY, SAAS OR LICENSED SOFTWARE (OR ANY SERVER(S) THAT THE OPERATION OF MAKE THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT AVAILABLE) ARE FREE OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY VIRUSES OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSOTHER HARMFUL COMPONENTS.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SUBJECT TO SECTION 156 ABOVE, VERIZON AND ITS APPLICABLE AFFILIATES, LICENSORS AND SUPPLIERS PROVIDE SYSTEMS, EQUIPMENT, SOFTWARE, SERVICES AND DOCUMENTATION “AS IS” AND DISCLAIM ALL REPRESENTATIONS OR WARRANTIES TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, ANY WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, DEALING, OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYUSAGE OF TRADE, OR THAT THE OPERATION OF THE EQUIPMENT, SOFTWARE, SYSTEMS, SERVICES IS OR DOCUMENTATION SHALL BE ERROR-FREE. EXCEPT AS , OPERABLE WITHOUT PROBLEMS OR INTERRUPTIONS, COMPLETELY SECURE, MEET ANY CUSTOMER REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMESVERIZON SHALL NOT BE RESPONSIBLE FOR SOFTWARE, ACTIONS FIRMWARE, INFORMATION OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR DATA CONTAINED IN, STORED ON, OR DISRUPT SUBSCRIBER’S CONNECTIONS INTEGRATED WITH ANY EQUIPMENT OR SYSTEMS RETURNED TO VERIZON (FOR REPAIR OR OTHERWISE), WHETHER UNDER WARRANTY OR NOT, OR OTHERWISE PROVIDED TO VERIZON. ADDITIONALLY, OTHER THAN AS SET FORTH IN THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTSDOCUMENTATION, NWEA VERIZON DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCURWARRANT COMPATIBILITY BETWEEN THE EQUIPMENT AND/OR SOFTWARE AND ANY FUTURE VERSIONS OF EITHER. ACCORDINGLYIT IS CUSTOMER’S OBLIGATION TO TAKE ALL REASONABLE SECURITY MEASURES TO PROTECT ANY EQUIPMENT, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM SOFTWARE, AND/OR RELATED TO SUCH EVENTSSYSTEMS OWNED OR LICENSED BY CUSTOMER.

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES SET FORTH IN THIS SECTION 156, NEITHER IONIC NOR OUR LICENSORS OR SUBCONTRACTORS MAKES ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, TO THE OTHER OR ANY THIRD PARTY REGARDING THE PLATFORM, INCLUDING THE HOSTED SERVICES OR SOFTWARE, OR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY ALLOWED UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT IONIC AND OUR LICENSORS AND SUBCONTRACTORS EXPRESSLY EXCLUDE ANY IMPLIED WARRANTY OF ANY KINDNON- INFRINGEMENT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE PURPOSE, MERCHANTABILITY AND ANY OTHER WARRANTY THAT MIGHT ARISE FROM COURSE OF DEALING OR USE; USAGE OF TRADE REGARDING THE PLATFORM OR THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (iiiA) QUALITY; (iv) PRODUCTIVENESSYOUR USE OF THE PLATFORM, INCLUDING THE HOSTING SERVICES AND SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; OR (vB) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREEWILL MEET YOUR OR YOUR AUTHORIZED USER'S REQUIREMENTS OR EXPECTATIONS. EXCEPT AS PROVIDED HERETHE PLATFORM, INCLUDING THE ENTIRE RISK HOSTED SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND LIABILITY ARISING OUT OF OTHER PROBLEMS INHERENT IN THE USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY INTERNET AND ELECTRONIC COMMUNICATIONS THAT ARE PROVIDED BY THIRD PARTIES OTHER THAN US OR OUR SUBCONTRACTORS, AND WE ARE NOT RESPONSIBLE FOR DATA SECURITY ANY DELAYS, DELIVERY FAILURES, OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) OTHER DAMAGES RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODSSUCH PROBLEMS. NWEA CANNOT CONTROL PERFORMANCE THIS AGREEMENT IS A SERVICE AGREEMENT, AND THE PROVISIONS OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES UNIFORM COMMERCIAL CODE THEREFORE SHALL NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSAPPLY.

Disclaimer. EXCEPT FOR AS SPECIFIED IN THE EXPRESS LIMITED WARRANTY PROVIDED STATEMENT SPECIFIED IN SECTION 15PART B.12.1 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER ALL EXPRESS OR IMPLIEDIMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF (i) MERCHANTABILITY; (ii) MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF KNOWN TO CISCO), NONINFRINGEMENT, SATISFACTORY QUALITY OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYARISING FROM A COURSE OF DEALING, LAW, USAGE, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TRADE PRACTICE ARE HEREBY EXCLUDED TO THE INTERNETGREATEST EXTENT ALLOWED BY APPLICABLE LAW. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS, TO THE EXTENT PERMITTED BY LAW, LIMITED TO THE 90-DAY PERIOD PROVIDED IN THE LIMITED WARRANTY STATEMENT SPECIFIED IN PART B.12.1 ABOVE. THIS DISCLAIMER AND AVOID SUCH EVENTS, NWEA DOES EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. REGISTERED PARTNER SHALL NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS MAKE ANY LIABILITY RESULTING FROM WARRANTY COMMITMENT BEYOND THE LIMITED WARRANTY REFERENCED IN PART B.12.1 OR RELATED TO SUCH EVENTS.AS OTHERWISE SPECIFIED IN PART

Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED WARRANTIES IN THIS SECTION 159, CROWDSTRIKE AND ITS AFFILIATES DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY CROWDSTRIKE AND ITS AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF (i) MERCHANTABILITY; (ii) , FITNESS FOR A PARTICULAR PURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITYPURPOSE, OR THAT TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS PROVIDED HERE, THE ENTIRE RISK OFFERINGS AND LIABILITY ARISING OUT OF USE OF THE SERVICES REMAINS WITH SUBSCRIBERCROWDSTRIKE TOOLS. THERE IS NO WARRANTY THAT THE OFFERINGS OR CROWDSTRIKE TOOLS WILL BE ERROR FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF CUSTOMER’S PARTICULAR PURPOSES OR NEEDS. THE OFFERINGS AND CROWDSTRIKE TOOLS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR DATA SECURITY USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OPERATION. NEITHER THE OFFERINGS NOR CROWDSTRIKE TOOLS ARE FOR USE IN THE OPERATION OF NWEA’S REASONABLE AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE- SUPPORT SYSTEMS, AIR TRAFFIC CONTROL; OR (b) RESULTING FROM ANY ACTION OR INACTION OF SUBSCRIBER , OR ANY THIRD PARTIES; APPLICATION OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODSINSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY, OR PROPERTY DAMAGE. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTSCustomer agrees that it is Customer’s responsibility to ensure safe use of an Offering and CrowdStrike Tool in such applications and installations.