Common use of Disclaimers and Limitation of Liability Clause in Contracts

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINFOR THE REPRESENTATIONS AND WARRANTIES IN SECTION 6.01, ALL SERVICES TO BE PROVIDED BY FLG LICENSES AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER RIGHTS GRANTED HEREIN ARE PROVIDED MADE ON AN “AS IS” WITHOUT BASIS, AND THE PARTIES EACH HEREBY DISCLAIM ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICESANY KIND, INCLUDING ANYWITHOUT LIMITATION, WARRANTIES OF THOSE REGARDING MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEWPURPOSE, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFNON-INFRINGEMENT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL CALYXT ACKNOWLEDGES AND AGREES THAT ALL RIGHTS GRANTED TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT CALYXT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION ARE SUBJECT IN ALL RESPECTS TO ANY AND ALL LICENSES OR OTHER RIGHTS GRANTED BY CELLECTIS OR ANY OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY AFFILIATES TO EITHER PARTY ANY THIRD PARTIES WITH RESPECT TO A BREACH ANY LICENSED CELLECTIS IP AS OF ITS CONFIDENTIALITY OBLIGATIONSOR PRIOR TO THE EFFECTIVE DATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR OTHERWISE RELATED TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY 8.1 THE WARRANTIES, IF ANY, SET FORTH HEREININ THE ATTACHMENTS ARE IN LIEU OF, ALL SERVICES AND WE, OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO BE PROVIDED THE MAXIMUM EXTENT PERMITTED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6LAW, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL OR STATUTORYWRITTEN, REGARDING THE PROFESSIONAL SERVICESINCLUDING, INCLUDING ANYWITHOUT LIMITATION, (i) ANY WARRANTY THAT LICENSED MATERIALS OR SERVICES ARE ERROR-FREE, SECURE, ACCURATE OR RELIABLE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED OR WILL COMPLY WITH ANY LAW, RULE OR REGULATION (ii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLEQUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND INFRINGEMENTNON-INFRINGEMENT AND (iii) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO REPRESENTATION ADVICE, STATEMENT OR INFORMATION GIVEN BY US, OUR AFFILIATES, OUR GROUP, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS HAVE NOT BEEN PREPARED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS DESCRIBED IN THE DOCUMENTATION MEET YOUR REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER AFFIRMATION OF FACT REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVERACHIEVE YOUR INTENDED RESULTS. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As 8.2 You assume sole responsibility and liability for any users’ compliance with the terms and conditions of the Agreement. We shall have no liability for any claims, losses or damages arising out of or in connection with Your or any of Your users’ use of the Licensed Materials, any third-party products, services, software or web sites that are accessed via links from within the Services. 8.3 Nothing in the Agreement shall in any way exclude or limit Our liability for death or personal injury caused by negligence, or liability for fraudulent misrepresentation, or for any other liability which by law it is not possible to exclude or limit. 8.4 Our liability for the loss or damage to tangible property whether or not the same are under warranty shall be limited in accordance with clause 8.5 below. 8.5 Subject to clause 8.1, Our total liability for direct losses in contract, tort, misrepresentation, breach of statutory duty or otherwise in connection with the Agreement or the provision of the Licensed Materials, Support, Hardware and/or any Services for any and all events and/or claims arising in any Year shall be limited to the total charges and resulting sums paid (excluding VAT and expenses) by You to Us in that Year; for the purposes of this clause, “Year” shall mean a condition period of 12 months (or shorter period in the period immediately prior to termination of the Agreement) commencing on the Effective Date of this Master Agreement or any anniversary of such Effective Date. 8.6 In no event will We be liable to You in contract, tort, misrepresentation or otherwise, for recovery any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, nor for any direct or indirect loss of profit, loss of anticipated profits, loss of revenue, loss of anticipated revenue, loss of savings or anticipated savings, loss of business opportunity, increases in cost of working whether anticipated or not, loss or corruption of data, loss of use or loss of operating time and any costs and expenses associated therewith, loss or damage to Software or data which it contains during repair or upgrade whether or not the same are under warranty, the cost of purchasing elsewhere, depletion of goodwill or reputation or otherwise which arise out of or in connection with the Agreement and whether or not foreseeable or made known to Us. 8.7 If You supply any hardware or equipment or Third Party Product and such items impair Your system, cause it to fail, not to operate or not to operate properly in conjunction with Your system, We have no liability hereunder for any such impairment, failure, non-operation or improper operation. 8.8 We will use reasonable endeavours to ensure that the Services are supplied promptly in accordance with any dates as agreed by the parties having regard to the availability of personnel but any delivery dates or times quoted for delivery, commencement or completion of any amount by Client against FLG, Client shall give FLG written notice part of the alleged basis for Services or deliverables will be estimates only and time will not be of the essence. 8.9 The parties have considered the exclusions and limitations of liability within ninety (90) days in the Agreement in the context of discovering all the circumstances giving rise thereto, in order that FLG will have of the opportunity transaction to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; orAgreement relates (including the parties' respective insurance cover) and all the factors referred to in Schedule 2 of the Unfair Contracts Terms Xxx 0000. The parties consider that such exclusions and limitations of liability are fair and reasonable and that, (iv) sixty (60) days after completion but for such exclusions and limitations, the parties would not have entered into the Agreement. For the purposes of the Unfair Contracts Terms Act 1977 each party acknowledges and agrees that every provision of the Agreement has been the subject of negotiations between the parties, even if the words used in any provision of the Agreement have been used by a financial or accounting audit for the period(s) to which a claim pertainsparty in other contractual arrangements and/or in standard form contract documentation used by that party.

Disclaimers and Limitation of Liability. EXCEPT AS (a) YOU EXPRESSLY SET FORTH HEREINUNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6PARTICIPATION IN THE PROJECT IS AT YOUR SOLE RISK, COLLECTIVELY “FLG”) HEREUNDER ARE AND THAT THE SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE AND “AS ISAVAILABLE” CLAUSE WITHOUT WARRANTIES OF THIS AGREEMENT IS AN IMPORTANT ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, DISCORD AND/OR THE PROJECT AS A WHOLE, AND ANY PART OF THE BASIS OF THIS AGREEMENTEACH (INCLUDING, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESLIMITATION, TERMS OR CONDITIONSTHE SITE, WHETHER EXPRESS, IMPLIEDANY SMART CONTRACT, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICESANY EXTERNAL WEBSITES), INCLUDING ANY, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND INFRINGEMENT. NO REPRESENTATION LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (ii) YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (iii) USAGE DATA PROVIDED THROUGH THE SITE WILL BE ACCURATE, (iv) THE SITE OR ANY CONTENT OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE AND/OR THE DISCORD ARE FREE OF VIRUSES OR OTHER AFFIRMATION HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE AND/OR DISCORD WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF FACT REGARDING IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. (b) YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PURPOSE BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFUL MISCONDUCT. (c) WE WILL NOT BE RESPONSIBLE OR GIVE RISE LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK NOR DO WE HAVE ANY CONTROL OVER, AND MAKE NO GUARANTEES REGARDING, ANY SMART CONTRACTS, INCLUDING, WITHOUT LIMITATION, THE FUNCTIONALITY OF OUR SMART CONTRACT. (d) YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARYINCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESEXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY CIRCUMSTANCESTHEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR SAVINGS; WAIVER BY CLIENTINDIRECTLY), WHETHER INADVERTENT LOSS OF GOODWILL OR INTENTIONALBUSINESS REPUTATION, LOSS OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE DATA, COST OF LEGALLY PRIVILEGED INFORMATION TO FLG; PROCUREMENT OF SUBSTITUTE GOODS OR THE SERVICES, OR ANY OTHER INTANGIBLE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN OF SUCH DAMAGES. (e) YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDERSITE, WHETHER IN CONTRACT, TORT, NEGLIGENCESTRICT LIABILITY, MISREPRESENTATIONOR ANY OTHER LEGAL THEORY, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL IS LIMITED TO THE LAST TWO GREATER OF (2a) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION AMOUNTS YOU ACTUALLY PAID BY IT US UNDER THIS AGREEMENT REFLECTS IN THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (b) $500. (f) YOU ACKNOWLEDGE AND AGREE THAT FLG WOULD NOT ENTER WE HAVE MADE THE SITE AND DISCORD AVAILABLE TO YOU AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON YOUR REPRESENTATIONS AND WARRANTIES, THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE ABLE TO PROVIDE THE SITE AND DISCORD TO YOU WITHOUT THESE LIMITATIONS ON ITS LIABILITYLIMITATIONS. THIS PARAGRAPH SHALL WE WILL NOT APPLY BE RESPONSIBLE FOR THE LOSS OF ANY CRYPTOCURRENCY OR NFTS IN THE EVENT OUR SITE, DISCORD, OR ANY MESSAGING OR SOCIAL MEDIA PLATFORM UTILIZED BY LIL’ HEROES IS COMPROMISED. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR TAKING DILIGENT STEPS TO EITHER PARTY WITH RESPECT TO A BREACH INDEPENDENTLY VERIFY THE LEGITIMACY OF ITS CONFIDENTIALITY OBLIGATIONSHYPERLINKS OR OTHER COMMUNICATIONS BEFORE CLICKING OR LINKING YOUR CRYPTOCURRENCY WALLET. A. As a condition for recovery of any amount by Client against FLG(g) WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY FOR ERRORS OR FAILURES TO EXECUTE ANY PURCHASE OF YOUR LIL’ HEROES NFT, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise theretoINCLUDING, in order that FLG will have the opportunity to investigate in a timely manner andWITHOUT LIMITATION, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner ofERRORS OR FAILURES CAUSED BY: (iI) ninety (90) days after discoveryYOUR FAILURE TO FOLLOW OUR INSTRUCTIONS; (iiII) ninety (90) days after the termination of this AgreementANY LOSS OF CONNECTION TO OUR SITE UNLESS CAUSED BY OUR GROSS NEGLIGENCE; (iiiIII) ninety A FAILURE OF ANY SOFTWARE OR DEVICE USED BY YOU TO PURCHASE YOUR LIL’ HEROES NFT; OR (90IV) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsFOR ANY OTHER FAILURE TO EXECUTE YOUR LIL’ HEROES NFT PURCHASE OR FOR ERRORS OR OMISSIONS IN CONNECTION WITH THIS ACTIVITY UNLESS CAUSED BY OUR GROSS NEGLIGENCE. LIL’ HEROES MAKES NO REPRESENTATION THAT LIL’ HEROES NFTS ARE LEGAL OR APPROPRIATE FOR USE OUTSIDE OF THE UNITED STATES OR THAT LIL’ HEROES NFTS OR MAY BE EXPORTED FROM THE UNITED STATES OR FOR IMPORT INTO ANY FOREIGN COUNTRY. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL IMPORT AND EXPORT LAWS AND REGULATIONS AND ALL APPLICABLE LAWS OF ANY JURISDICTION INSIDE AND OUTSIDE OF THE UNITED STATES FROM WHICH YOU MAY ACCESS THE SITE.

Disclaimers and Limitation of Liability. EXCEPT AS (a) Subscriber expressly agrees that use of and access to the System is at Subscriber's sole risk. Neither SLM nor its affiliates, officers, directors, shareholders, employees or agents warrant that the System or any services rendered by SLM will be uninterrupted or error-free, nor do they make any warranty as to the results (including cost savings) that may be obtained from the use of the System or Services or as to the accuracy, reliability or currency of any data, information or content provided there from. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE WARRANTIES, LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN, ALL SERVICES IN THIS AGREEMENT (I) REPRESENT THE PARTIES' AGREEMENT AS TO BE PROVIDED BY FLG THE ALLOCATION OF RISK BETWEEN THE PARTIES AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF AMOUNTS PAYABLE BY SUBSCRIBER TO SLM PURSUANT TO THIS AGREEMENT IS AN IMPORTANT PART REFLECT SUCH ALLOCATION OF THE BASIS OF THIS AGREEMENTRISK, WITHOUT WHICH FLG NEITHER PARTY WOULD NOT HAVE AGREED BEEN WILLING TO ENTER INTO THIS AGREEMENT; AND (II) FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. (b) THE SYSTEM AND ANY SERVICES ARE PROVIDED BY SLM ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLG OTHER THAN AS EXPRESSLY PROVIDED FOR HEREIN, SLM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SYSTEM AND SERVICES OR THE DATA, INFORMATION, CONTENT, MATERIALS OR PRODUCTS OBTAINED THEREFROM. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RULE, OR REGULATION, SLM DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORYINCLUDING BUT NOT LIMITED TO, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENTPURPOSE. UNDER NO REPRESENTATION CIRCUMSTANCES SHALL SLM, ITS AFFILIATES OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE DEEMED A WARRANTY LIABLE TO SUBSCRIBER OR ANY THIRD-PARTY FOR ANY PURPOSE INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR GIVE RISE PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY LIABILITY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SLM SYSTEM, EVEN IF SLM IS EXPRESSLY ADVISED OF FLG WHATSOEVERTHE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FLG BE LIABLE SLM'S LIABILITY EXCEED THE PRICE PAID BY SUBSCRIBER FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, THE USE OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION AND ACCESS TO FLG; THE SYSTEM OR THE LOSSSERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SLM OR ITS AFFILIATES, THEFTNOR ANY OF THEIR OFFICERS, TRANSMISSION OR USEDIRECTORS, AUTHORIZED OR OTHERWISEEMPLOYEES, OF ANY DATAAGENTS, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEWPROVIDERS, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISELIKE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS CREATE A WARRANTY; NOR SHALL USER RELY ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSANY SUCH INFORMATION OR ADVICE. A. As a condition (c) Under no circumstances shall SLM be liable for recovery any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the System or any amount by Client against FLGdata, Client shall give FLG written notice information or content obtained from the System that results from mistakes, omissions, interruptions, deletion of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise theretofiles or e-mail, errors, defects, viruses, delays in order that FLG will have the opportunity to investigate in a timely manner andoperation or transmission, where possible, correct or rectify the alleged basis for liability; provided that the any failure of Client performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to give such notice will only affect SLM's records, programs, or services. Subscriber hereby acknowledges that this paragraph shall apply to all data, information content, reports, and services available through the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsSystem.

Disclaimers and Limitation of Liability. 5.1 Disclaimer of Certain Types of Liability COMPANY REPRESENTS AND WARRANTS TO LICENSEE THAT THE SOFTWARE WILL PERFORMIN ACORDANCE WITH DOCUMENATATION DURING THE SUBSCRIPTION TERM AND THAT IT DOES NOT CONTAIN ANY HARMFULOR MALICIOUS CODE THAT COULD,IF USED IN ACCORDANCE WITH THIS AGREEMENT BY LICENSEE, MATERIALLY IMPAIR ORDAMAGE LICENCEE’S HARDWARE, SOFTWARE, NETWORK OR SYSTEMS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY ABOVE OR ELSEWHERE XXXXXX.XXXXXXX DISCLAIMS ALL OTHER WARRANTIESWARRANTIES OF ANY KIND, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING INCLUDING BUT NOT LIMITED TO THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING PURPOSE. 5.2 Disclaimer of Mutual Indemnity THE SERVICES PROVIDED HEREUNDER PARTIES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS, SALES, OR BUSINESS EXPENDITURES; LOST INVESTMENTS; COMMITMENTS IN CONNECTION WITH ANY INCIDENTAL, BUSINESS; LOSS OF ANY GOODWILL; OR FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE INCIDENTAL, OR CONSEQUENTIAL DAMAGESDAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT OR USE OF THE SOFTWARE, UNDER HOWEVER CAUSED AND ON ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENTTHEORY OF LIABILITY, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE NOT COMPANY HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH NOTWITHSTANDING ANY FAILURE OF ITS CONFIDENTIALITY OBLIGATIONSESSENTIAL PURPOSE OF ANY LIMITED REMEDY. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG COUNTY IS PROVIDING THE APPLICATION AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY INFORMATION ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT THERE IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES NO WARRANTY OF MERCHANTABILITY, TITLE, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND USE, NO WARRANTY OF NON-INFRINGEMENT. , NO REPRESENTATION OR OTHER AFFIRMATION OF FACT WARRANTY REGARDING THE SERVICES PROVIDED HEREUNDER SHALL USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE APPLICATION, THE CODE, COMPUTERS OR COMPUTER SYSTEMS RELATED TO THE APPLICATION, THE COMMUNICATION OR CONNECTION TO THE APPLICATION, THAT THE APPLICATION WILL BE DEEMED A WARRANTY FOR ANY PURPOSE UNINTERRUPTED OR GIVE RISE TO ANY LIABILITY ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION IS FREE OF FLG WHATSOEVERHARMFUL CODE. SUBSCRIBER fully understands and agrees that (i) the Application is subject to errors, omissions, delays or interruptions; and (ii) COUNTY may modify or change the Application or Information in a manner that may impact or restrict SUBSCRIBER’s access. In any such event, the COUNTY will not be liable for the cost of such changes or damages which may be sustained by SUBSCRIBER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS OR THE CORRECT SEQUENCING OF THE INFORMATION OR THAT DEFECTS WILL BE CORRECTED. SUBSCRIBER fully understands and agrees that, except for COUNTY’s proprietary documents (i) the Information is provided by third-parties; (ii) COUNTY merely records and stores the Information; and (iii) COUNTY is not responsible for the content of the Information. SUBSCRIBER fully understands and agrees that the Information is subject to errors, omissions, delay or interruptions, including but not limited to (i) delays, errors or omissions in the receipt of the Information, (ii) changes, adjustments, corrections or modifications of the Information and (iii) that COUNTY may make modifications, changes and/or adjustments to the Information at any time and without notice to SUBSCRIBER. IN NO EVENT SHALL FLG COUNTY BE LIABLE FOR ANY INCIDENTALACTUAL, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE INCIDENTAL, CONSEQUENTIAL DAMAGES OR CONSEQUENTIAL DAMAGESLOSS OF PROFIT, UNDER LOSS OF BUSINESS OR ANY CIRCUMSTANCESOTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN IF THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. COUNTY’S SOLE LIABILITY AND SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RELATED TO THIS AGREEMENT OR FOR ANY BREACH OF THIS AGREEMENT, INCLUDING, INCLUDING BUT NOT LIMITED TO: LOST PROFITS; REVENUE TO LIABILITY FOR APPLICATION OR SAVINGS; WAIVER BY CLIENTINFORMATION NONPERFORMANCE, WHETHER INADVERTENT ERRORS OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISEOMISSIONS, SHALL NOT EXCEED AN AMOUNT EQUAL BE LIMITED TO RESTORING OR CORRECTING THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT APPLICATION OR INFORMATION AS IS REASONABLY POSSIBLE UNDER PARAGRAPH 2(A) OF THIS AGREEMENTTHE PERTINENT CIRCUMSTANCES. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As SUBSCRIBER agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of SUBSCRIBER, a condition subcontractor, anyone directly or indirectly employed by them, and/or anyone for recovery of any amount by Client against FLG, Client shall give FLG written notice whose acts and/or omissions they may be liable in the performance of the alleged basis for liability within ninety (90) days services required by this Agreement, and against all loss by reason of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client SUBSCRIBER to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert perform any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of obligation under this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY 7.1. THE WARRANTIES, IF ANY, SET FORTH HEREININ THE ATTACHMENTS ARE IN LIEU OF, ALL SERVICES AND WE, OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO BE PROVIDED THE MAXIMUM EXTENT PERMITTED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6LAW, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL OR STATUTORYWRITTEN, REGARDING THE PROFESSIONAL SERVICESINCLUDING, INCLUDING ANYWITHOUT LIMITATION, (i) ANY WARRANTY THAT LICENSED MATERIALS OR SERVICES ARE ERROR-FREE, SECURE, ACCURATE OR RELIABLE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED OR WILL COMPLY WITH ANY LAW, RULE OR REGULATION (ii) ANY AND ALL IMPLIED WARRANTIES OF QUALITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND INFRINGEMENTNON-INFRINGEMENT AND (iii) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO REPRESENTATION ADVICE, STATEMENT OR INFORMATION GIVEN BY US, OUR AFFILIATES, OUR GROUP, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS HAVE NOT BEEN PREPARED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS DESCRIBED IN THE DOCUMENTATION MEET YOUR REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER AFFIRMATION OF FACT REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSACHIEVE YOUR INTENDED RESULTS. A. As a condition 7.2. You assume sole responsibility and liability for recovery of any amount by Client against FLG, Client shall give FLG written notice users’ compliance with the terms and conditions of the alleged basis Agreement. We shall have no liability for any claims, losses or damages arising out of or in connection with Your or any of Your users’ use of the Licensed Materials, any third-party products, services, software or web sites that are accessed via links from within the Services. 7.3. Nothing in the Agreement shall in any way exclude or limit Our liability within ninety (90for any head(s) days of discovering loss which by law it is not possible to exclude or limit. 7.4. Our liability for the circumstances giving rise theretoloss or damage to tangible property whether or not the same are under warranty shall be limited in accordance with clause 7.5 below. 7.5. Subject to clause 6.1, Our total liability for direct losses in order that FLG will have contract, tort, misrepresentation, breach of statutory duty or otherwise in connection with the opportunity to investigate Agreement or the provision of the Licensed Materials, Support, Hardware and/or any Services for any and all events and/or claims arising in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client any Year shall be limited to the extent total charges and resulting sums paid (excluding all applicable taxes and expenses) by You to Us in that FLG is actually prejudiced by such failure. Notwithstanding anything herein Year; for the purposes of this clause, “Year” shall mean a period of 12 months (or shorter period in the period immediately prior to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of the Agreement) commencing on the Effective Date of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion Master Agreement or any anniversary of a financial or accounting audit for the period(s) to which a claim pertainssuch Effective Date.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”a) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICESSTATUTORY AS TO ANY OTHER MATTER WHATSOEVER, INCLUDING ANY, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO REPRESENTATION THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET THE LICENSEE’S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED AND/OR ERROR FREE, THAT THE SOFTWARE WILL OPERATE IN COMBINATION WITH HARDWARE AND/OR SOFTWARE NOT SUPPLIED BY THE LICENSOR, OR THAT ANY OTHER AFFIRMATION SOFTWARE OR HARDWARE OF FACT REGARDING LICENSEE WILL OPERATE IN COMBINATION WITH THE SERVICES PROVIDED HEREUNDER SOFTWARE LICENSED HEREUNDER. b) THE LICENSOR SHALL BE DEEMED A WARRANTY NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTALINDIRECT, INDIRECTCONSEQUENTIAL, EXEMPLARY, SPECIALINCIDENTAL, SPECIAL OR PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: INCLUDING LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE THE LICENSOR HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO OF SUCH DAMAGES. c) UNDER NO CIRCUMSTANCES WILL THE CONTRARY, FLGLICENSOR’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT FOR DIRECT DAMAGES EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID TOTAL AMOUNTS RECEIVED BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSAGREEMENT. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINYOU UNDERSTAND AND AGREE THAT THE PLATFORM, ALL SERVICES TO BE PROVIDED BY FLG ITS COMPONENTS, INTERFACES, ANY RELATED EQUIPMENT, ANY DOCUMENTATION, DATA AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER OTHER MATERIALS AND THE EXISTING TECHNOLOGY ARE PROVIDED “AS IS” ”. THE STONEX PARTIESAND ANY THIRD-PARTY PROVIDERS SPECIFICALLY DISCLAIM,WITHOUT LIMITATION, ALL WARRANTIES OF ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTKIND TO YOU, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESLIMITATION, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT(EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN SECTION 16 “INDEMNIFICATION” HEREOF) OR THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. THE STONEX PARTIES AND INFRINGEMENTANY THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE PLATFORM OR AS TO THE RESULTS TO BE ATTAINED BY YOU FROM ACCESS TO OR USE OF THE PLATFORM.THE STONEX PARTIES AND ANYTHIRD PARTY PROVIDERS SHALL HAVE NOLIABILITY WHATSOEVER FOR ANY CLAIMS RELATING TO ANY SOFTWARE ,ANY TECHNOLOGY, ANY EQUIPMENT, THE PLATFORM, THE EXISTING TECHNOLOGY, DATA OR ANY OTHER INFORMATION, MATERIALS, OR THAT THE PLATFORM MEETS YOUR REQUIREMENTS OR SHALL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, ACCURATE OR FREE FROM ERRORS OR DEFECTS. THE STONEX PARTIES MAKE NO REPRESENTATION WARRANTIES AS TO THE LIFE OF ANY URL GENERATED OR PUBLISHED. YOU ACKNOWLEDGE THAT CERTAIN SOFTWARE AND EQUIPMENT USED BY YOU MAY NOT BE CAPABLE OF SUPPORTING CERTAIN FEATURES OF THE PLATFORM. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES MADE BY THE STONEX PARTIES AND ANY THIRD-PARTY PROVIDERS EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT. NONE OF THE STONEX PARTIES OR ANY THIRD-PARTY PROVIDERS RECOMMENDS, ENDORSES, ADVOCATES OR SPONSORS ANY OF THE TRANSACTIONS APPEARING ON OR MADE THROUGH THE PLATFORM. YOU ACKNOWLEDGE THE SUBSTANTIAL RISKS ASSOCIATED WITH TRADING TRANSACTIONS. UNLESS OTHERWISE NOTIFIED TO YOU, ANY PRICE INFORMATION, QUOTES, FORECASTS, RETURN ESTIMATES OR INDICATIONS OF PAST PERFORMANCE ARE FOR INFORMATION PURPOSES ONLY AND DO NOT GUARANTEE FUTURE PERFORMANCE AND DO NOT CONSTITUTE AN OFFER TO BUY OR SELL OR ANY SOLICITATION OF AN OFFER TO BUY OR SELL ANY CURRENCIES, CURRENCY PAIRS, METALS, METALS PAIR, COMMODITY, SWAP OR OTHER AFFIRMATION PROPERTY (OR OPTION RESPECTING ANY OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER FORGOING), NOR TO ENTER INTO ANY TRANSACTION. THE PLATFORM SHALL NOT SERVE AS THE PRIMARY BASIS FOR ANY OF YOUR INVESTMENT DECISIONS AND NONE OF THE STONEX PARTIES SHALL BE OR BE DEEMED A WARRANTY TO BE YOUR FINANCIAL ADVISOR OR FIDUCIARY. YOU HEREBY ACKNOWLEDGE THAT ANY RELIANCE UPON ANY CONTENT OF THE PLATFORM SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK. THE PARTIES HERETO ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE INTEGRAL TO THE AMOUNT OF FEES LEVIED BY THE PLATFORM OR IN RELATION TO ITS USE, AND THAT, WERE THE STONEX PARTIES TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS EXPRESSLY SET FOR TH HEREIN, SUCH FEES WOULD OF NECESSITY BE SET SUBSTANTIALLY HIGHER. YOU UNDERSTAND AND AGREE THAT THE STONEX PARTIES SHALL HAVE NO LIABILITY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INDIRECT, INCIDENTAL, INDIRECTPUNITIVE, EXEMPLARY, SPECIAL, PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, DAMAGES (INCLUDING, BUT NOT LIMITED TO: , LOSS OF PROFITS, LOST PROFITS; REVENUE DATA, LOSS OF USE OF THE PLATFORM, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR SAVINGS; WAIVER GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) SUFFERED BY CLIENTYOU, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF YOUR AFFILIATES AND ANY DATAOTHER PERSON, EVEN IF CLIENT ONE OR FLG MORE STONEXPARTY HAS OR HAVE BEEN PREVIOUSLY ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) ANY OTHER PROVISION OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT , EXCEPT TO THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK EXTENT SET FORTH IN SECTION 16(b) HEREOF, THE AGGREGATE LIABILITY OF THE STONEX PARTIES FOR DAMAGES FOR ANY CAUSE WHATSOEVER RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE PLATFORM, AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO $25,000. THE STONEX PARTIES SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH THE FAILURE B Y ANY OTHER PERSON TO PERFORM ANY TRANSACTION EXECUTED VIA THE PLATFORM OR THE FAILURE OF ANY OTHER PERSON TO COMPLY WITH THE TRADING POLICIES AND PROCEDURES OR ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY AGREEMENTS WITH STONEX REGARDING ACCESS TO EITHER PARTY WITH RESPECT TO A BREACH OR USE OF ITS CONFIDENTIALITY OBLIGATIONSTHE ACCESS METHOD OR THE PLATFORM. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINTesting and quality assurance of the Software may not be completed. As the Software is subject to change, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6SOTI reserves the right to alter the Software at any time, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED and any reliance on the Software is at the Licensee’s own risk. Provision of any Software under this Agreement is experimental and shall not create any obligation for SOTI to continue to develop, produce, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party. The Software provided by SOTI is provided “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE and “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTAVAILABLE”, WITHOUT WHICH FLG WOULD NOT HAVE AGREED WARRANTY OF ANY KIND TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS USER OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCESTHIRD PARTY, INCLUDING, BUT NOT LIMITED TO: LOST , ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OF THE SOFTWARE; FITNESS FOR LICENSEE’S PURPOSE OR SYSTEM INTEGRATION; ACCURACY OF INFORMATIONAL CONTENT; NON-INFRINGEMENT; QUIET ENJOYMENT; AND TITLE. LICENSEE AGREES THAT ANY EFFORTS BY SOTI TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY SOTI WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. LICENSEE FURTHER AGREES THAT SOTI SHALL NOT BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, LOSS OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN LICENSEE WAS ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT ANY CASE SOTI’S TOTAL LIABILITY SHALL BE LIMITED TO THE CONTRARYAMOUNT OF FIFTY UNITED STATES DOLLARS ($50.00 USD). Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDERand, WHETHER IN CONTRACTas such, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice some portion of the alleged basis for above limitation may not apply to Licensee. In such jurisdictions, Licensee’s liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client is limited to the greatest extent that FLG is actually prejudiced permitted by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainslaw.

Disclaimers and Limitation of Liability. A. THE COLLOCATION SPACE IS ACCEPTED "AS IS" BY CUSTOMER. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATION HAS BEEN MADE BY NETTAXI AS TO THE FITNESS OF THE COLLOCATION SPACE FOR CUSTOMER'S INTENDED PURPOSE. EXCEPT AS EXPRESSLY FOR THE WARRANTIES SET FORTH HEREININ THIS ARTICLE, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER THERE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER NO WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL, OR STATUTORYWRITTEN, REGARDING WITH RESPECT TO THE PROFESSIONAL SERVICESCOLLOCATION SPACE OR SERVICES COVERED OR FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING ANYBUT NOT LIMITED TO, WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. MOREOVER, THE REMEDIES PROVIDED IN THIS ARTICLE ARE EXCLUSIVE AND INFRINGEMENTIN LIEU OF ALL OTHER REMEDIES. B. CUSTOMER AND ITS REPRESENTATIVES VISIT THE Data Center AT THEIR OWN RISK AND NETTAXI ASSUMES NO LIABILITY FOR ANY HARM TO SUCH PERSONS RESULTING FROM ANY CAUSE OTHER THAN NETTAXI'S NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PERSONAL INJURY TO SUCH VISITIORS. C. NETTAXI ASSUMES NO LIABILITY FOR DAMAGE OR LOSS RELATING TO CUSTOMERS BUSINESS. NO REPRESENTATION TO THE EXTENT NETTAXI IS LIABLE FOR ANY DAMAGE TO OR OTHER AFFIRMATION LOSS OF FACT REGARDING CUSTOMER'S EQUIPMENT, SUCH LIABILITY SHALL BE LIMITED SOLELY TO THE THEN-CURRENT VALUE OF CUSTOMER'S EQUIPMENT. D. THE LIABILITY OF NETTAXI FOR DAMAGES ARISING OUT OF THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCESHEREIN, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE WITHOUT LIMITATION, MISTKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT OR SAVINGS; WAIVER BY CLIENTERRORS, OR FAILURE TO FURNISH SPACE, WHETHER INADVERTENT CAUSED BY ACTS OF COMMISSION OR INTENTIONALOMISSION, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION SHALL BE LIMITED TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, A PRORATED REFUND OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE CHARGES PAID BY CLIENT UNDER PARAGRAPH 2(A) FOR THE USE OF THIS AGREEMENTTHE SPACE. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS RECEIPT OF SUCH REFUNDS SHALL BE THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY SOLE REMEDY AFFORDED TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSCUSTOMER. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. 4.1 EXCEPT AS EXPRESSLY OTHERWISE SET FORTH HEREINHEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES TO BE PROVIDED BY FLG YOU ACKNOWLEDGE AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER AGREE THAT THE PRODUCTS ARE PROVIDED ON AN “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE AND “AS ISAVAILABLE” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF BASIS. THE BASIS OF THIS AGREEMENTWARRANTIES, WITHOUT WHICH FLG WOULD NOT HAVE AGREED IF ANY, SET FORTH HEREIN AND IN THE PRODUCT ATTACHMENTS ARE LIMITED TO ENTER INTO THIS AGREEMENT. FLG THEIR EXPRESS TERMS AND ARE IN LIEU OF, AND CLASSY, ITS LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIMS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL OR STATUTORY, REGARDING THE PROFESSIONAL SERVICESWRITTEN, INCLUDING ANYANY (a) WARRANTY THAT THE PRODUCTS ARE ERROR- FREE OR “BUG”-FREE, ACCURATE, SECURE, OR RELIABLE; (b) WARRANTY THAT THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTION; (c) WARRANTY THAT ALL ERRORS WILL BE CORRECTED OR THAT THE PRODUCTS WILL COMPLY WITH ANY LAW, RULE, OR REGULATION; (d) IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NON-INFRINGEMENT; (e) IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING (f) WARRANTY THAT THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG PRODUCTS WILL MEET CLIENT’S REQUIREMENTS. 4.2 CLASSY WILL NOT BE LIABLE FOR INDIRECT DAMAGES OR LOSSES (IN CONTRACT, STATUTE, TORT, OR OTHERWISE), INCLUDING DAMAGES FOR LOST PROFITS OR REVENUE, LOST SAVINGS, COST OF REPLACEMENT SERVICES, LOST DATA, LOSS OF USE OF INFORMATION OR SERVICES, OR ANY INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARY, SPECIALPUNITIVE, PUNITIVE OR CONSEQUENTIAL SPECIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT WHETHER OR NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE CLASSY HAS PREVIOUSLY BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN CLASSY’S TOTAL AGGREGATE LIABILITY FOR ALL MATTERS ARISING FROM OR RELATED TO THIS AGREEMENT IS LIMITED TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; THE AMOUNT OF FEES ACTUALLY PAID BY CLIENT AS CONSIDERATION FOR THE SPECIFIC PRODUCT UNDER THE APPLICABLE SCHEDULE GIVING RISE TO SUCH CLAIMS DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH THE FIRST CAUSE OF ACTION AROSE, OR (ii) ninety IF NO SUCH PAYMENTS HAVE BEEN MADE OR SUCH AMOUNTS CANNOT BE CALCULATED, USD$1,000 (90OR THE EQUIVALENT THERETO AS DETERMINED BY THE APPLICABLE COUNTRY’S CURRENCY), AS APPLICABLE. 4.3 THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH HEREIN (i) days after the termination of this AgreementONLY APPLY TO THE EXTENT PERMITTED BY LAW; AND (iiiii) ninety (90) days after the last date on which the Services were performed; orIF YOU RESIDE OUTSIDE OF THE U.S., (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsDO NOT AFFECT CLASSY’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 4.4 FOR THE PURPOSES OF THIS SECTION 4 AND ANY INDEMNIFICATION PROTECTING CLASSY UNDER THIS AGREEMENT, REFERENCE TO CLASSY WILL ALSO INCLUDE ITS SUPPLIERS AND LICENSORS.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, a) DISCLAIMERS HANWHA SOLARONE PROVIDES ALL SERVICES TO BE PROVIDED BY FLG DOCUMENTS AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “INFORMATION ON AN "AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE " BASIS.THE WARRANTIES PROVIDED HEREIN ARE IN LIEU OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS AND EXCLUDE ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING INCLUDING BUT NOT LIMITED TO THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE,USE OR, APPLICATION, UNLESS I) SUCH OTHER WARRANTIES ARE EXPRESSLY AGREED TO IN WRITING BY HANWHA SOLARONE UNDER THE RELEVANT SALES AGREEMENT EXECUTED BETWEEN HANWHA SOLARONE AND INFRINGEMENTTHE BUYER OR II) OTHER STATUTORY WARRANTY WHICH IS EXPRESSLY PROVIDED IN ANY APPLICABLE MANDATORY LAWS. NO REPRESENTATION HANWHA SOLARONE DOES NOT WARRANT THAT THE OPERATION OF THE PV MODULES WILL ACHIEVE THE RESULTS INTENDED BY THE BUYER. IN THE EVENT THAT ANY PROVISION HEREOF (OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY ANY PART THEREIN) SHOULD FOR ANY PURPOSE REASON BE HELD INEFFECTIVE UNDER APPLICABLE LAW, THE REMAINDER OF THE PROVISION SHALL REMAIN IN FULL FORCE AND EFFECT. THE WARRANTIES PROVIDED HEREIN ARE IN LIEU OF AND EXCLUDE ALL OTHER OBLIGATIONS ON THE PART OF HANWHA SOLARONE IN RELATION TO THE DEFECT OF THE PV MODULES UNLESS SUCH OTHER OBLIGATIONS ARE EXPRESSLY AGREED TO IN WRITING BY HANWHA SOLARONE UNDER THE RELEVANT SALES AGREEMENT. b) LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HANWHA SOLARONE HEREBY DISCLAIMS, AND SHALL HAVE NO RESPONSIBILITY OR GIVE RISE LIABILITY WHATSOEVER FOR DAMAGE TO PROPERTY, OR FOR OTHER LOSS FROM ANY LIABILITY CAUSE WHATSOEVER ARISING OUT OF FLG WHATSOEVEROR RELATED TO THE PERFORMANCE OR NONPERFORMANCE OF THE RELEVANT SALES AGREEMENT, ANY OF THE PV MODULES OR THEIR USE. IN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO EVENT CIRCUMSTANCES SHALL FLG HANWHA SOLARONE BE LIABLE TO THE BUYER, FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR EQUIPMENT DOWNTIME, OR FOR ANY INCIDENTAL, INDIRECTCONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, EXEMPLARYHOWSOEVER ARISING, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENTRELATED TO THE PV MODULES, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE NOT HANWHA SOLARONE HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLGHANWHA SOLARONE’S AGGREGATE CUMULATIVE LIABILITY HEREUNDERLIABILITY, WHETHER IN CONTRACTIF ANY, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY FOR DAMAGES OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE PURCHASE PRICE RECEIVED BY CLIENT HANWHA SOLARONE FROM THE BUYER. HANWHA SOLARONE’S LIABILITY FOR FRAUDULENT OR WILFUL INTENT, GROSS NEGLIGENCE OR PERSONAL INJURY, IN EACH CASE, UNDER PARAGRAPH 2(A) OF THIS AGREEMENTAPPLICALBE MANDATORY LIABILITY LAW SHALL REMAIN UNAFFECTED. CLIENT THE BUYER ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT FOREGOING LIMITATIONS ON LIABILITY UNDER THIS PARAGRAPH b) ARE AN ESSENTIAL ELEMENT OF THE RELEVANT SALES AGREEMENT REFLECTS BETWEEN THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT PARTIES AND THAT FLG IN THE ABSENCE OF SUCH LIMITATIONS THE PURCHASE PRICE OF THE PV MODULES WOULD BE SUBSTANTIALLY HIGHER. SOME JURISDICTIONS LIMIT OR DO NOT ENTER INTO PERMIT DISCLAIMERS OF LIABILITY, SO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL PROVISION MAY NOT APPLY TO EITHER PARTY WITH RESPECT THE BUYER IN SAID JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR THE EXCLUSION OF DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSTHE BUYER IN SAID JURISDICTION. THE BUYER MAY HAVE SPECIFIC LEGAL RIGHTS OUTSIDE THIS LIMITED WARRANTY FOR PV MODULES, AND MAY ALSO HAVE OTHER MANDATORY RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION, WHICH SHALL REMAIN UNAFFECTED. A. As a condition c) The warranty provided under Chapter I “Twelve Years Limited Product Warranty” and Chapter II “Guaranteed Peak Power Output Limited Warranty” covers only the transportation cost for recovery reshipment of any amount by Client against FLGrepaired or replaced PV Modules to the destination port set forth in the relevant sales agreement, Client shall give FLG written notice and cover neither customs clearance, taxes, any other costs related to installation, removal, or reinstallation of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise theretoPV Modules, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert nor any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit transportation charges for the period(s) return of PV Modules to which a claim pertainsHanwha SolarOne.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL MERCHANT AGREES AND ACNOWLEDGES THAT USE OF GC SERVICES TO BE ARE AT MERCHANT’S SOLE RISK. ANY SERVICES PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) PPD HEREUNDER ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” WITHOUT BASIS. PPD GIVES NO OTHER EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES KIND (INCLUDING IN ANY ATTENDANT DOCUMENTATION), WHETHER STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF PPD SERVICES WILL BE COMPLETE, ACCURATE, SECURE, TIMELY, AVAILABLE, ACESSIBLE, UNINTERRUPTED OR ERROR-FREE. SAVE FOR THE BASIS OF THIS AGREEMENTLIMITED WARRANTY AT SECTION 6.07 IMMEDIATELY ABOVE, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY PPD DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITYMERCHANTIBILITY, TITLE, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THIS DISCLAIMER OF WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THIS MERCHANT AGREEMENT. MERCHANT UNDERSTANDS AND INFRINGEMENTACKNOWLEDGES THAT PPD SHALL NOT BE LIABLE FOR (A) ANY IMPROPERLY PROCESSED OR AUTHORIZED TRANSACTION, OR ILLEGAL OR FRAUDULENT ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY GC AND RELATED DATA THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY MERCHANT OR ANY THIRD PARTY; OR (B) ANY DAMAGES RESULTING FROM ANY CIRCUMSTANCES BEYOND PPD’S CONTROL (INCLUDING ANY ACT OR OMISSION OF MERCHANT OR ANY OF ITS EMPLOYEES OR AGENTS). NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PPD’S TOTAL LIABILITY IN CONNECTION TO GCs SHALL UNDER NO REPRESENTATION OR OTHER AFFIRMATION CIRCUMSTANCES EXCEED THE TOTAL FEES PAID BY MERCHANT FOR THE GC PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVERDISPUTE. IN NO EVENT SHALL FLG WILL PPD BE LIABLE HEREUNDER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR . THIS SECTION SHALL SURVIVE THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) TERMINATION OF THIS MERCHANT AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. a. INFORMATION PROVIDED BY ALLCLEAR ID IN CONNECTION WITH ANY OF ITS SERVICES IS NOT LEGAL ADVICE REGARDING RELEVANT STATUTES OR REGULATIONS PERTAINING TO DATA BREACH NOTIFICATION OR ANY OTHER DATA SECURITY MATTERS. COMPANY IS ADVISED TO CONSULT A LICENSED ATTORNEY TO ENSURE COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS. b. THE SERVICES SHALL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER. EXCEPT AS EXPRESSLY SET FORTH HEREINSTATED IN THE FOREGOING SENTENCE, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT AND ALLCLEAR ID MAKES NO WARRANTIES TO COMPANY OR ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONSTHIRD PARTY HEREUNDER, WHETHER EXPRESS, EXPRESSED OR IMPLIED, IN LAW OR STATUTORYIN FACT, REGARDING ORAL OR IN WRITING. WITHOUT LIMITING THE PROFESSIONAL SERVICESFOREGOING, INCLUDING ANY, ALLCLEAR ID DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF DATA. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER NOTHING HEREIN SHALL BE DEEMED A WARRANTY TO BE AN APPROVAL, ENDORSEMENT OR RECOMMENDATION OF COMPANY OR ITS PRODUCTS OR SERVICES BY ALLCLEAR ID AND COMPANY SHALL BE FULLY RESPONSIBLE AND LIABLE FOR ITS OWN PRODUCTS AND SERVICES. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY PURPOSE CONSEQUENTIAL (INCLUDING LOSS OF PROFITS), INCIDENTAL, PUNITIVE, EXEMPLARY OR GIVE RISE TO OTHER SPECIAL DAMAGES, HOWEVER CAUSED AND ON ANY LIABILITY THEORY OF FLG WHATSOEVERLIABILITY, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL FLG BE LIABLE ALLCLEAR ID’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF (I) $100,000 OR (II) AMOUNTS PAID OR OWED BY COMPANY FOR THE STATEMENT OF WORK GIVING RISE TO THE CLAIM IN THE ONE (1) YEAR PERIOD PRECEDING SUCH CLAIM. THIS LIMITATION OF LIABILITY APPLIES TO ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL CLAIM FOR DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, INCLUDING BUT NOT LIMITED TO: LOST PROFITS; REVENUE TO CLAIMS SOUNDING IN CONTRACT OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT AND SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH NOTWITHSTANDING ANY FAILURE OF ITS CONFIDENTIALITY OBLIGATIONSESSENTIAL PURPOSE. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY 8.1 THE WARRANTIES, IF ANY, SET FORTH HEREININ THE ATTACHMENTS ARE IN LIEU OF, ALL SERVICES AND WE, OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO BE PROVIDED THE MAXIMUM EXTENT PERMITTED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6LAW, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL OR STATUTORYWRITTEN, REGARDING THE PROFESSIONAL SERVICESINCLUDING, INCLUDING ANYWITHOUT LIMITATION, (i) ANY WARRANTY THAT LICENSED MATERIALS OR SERVICES ARE ERROR-FREE, SECURE, ACCURATE OR RELIABLE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED OR WILL COMPLY WITH ANY LAW, RULE OR REGULATION (ii) ANY AND ALL IMPLIED WARRANTIES OF QUALITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND INFRINGEMENTNON-INFRINGEMENT AND (iii) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO REPRESENTATION ADVICE, STATEMENT OR INFORMATION GIVEN BY US, OUR AFFILIATES, OUR GROUP, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS HAVE NOT BEEN PREPARED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS DESCRIBED IN THE DOCUMENTATION MEET YOUR REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER AFFIRMATION OF FACT REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSACHIEVE YOUR INTENDED RESULTS. A. As a condition 8.2 You assume sole responsibility and liability for recovery of any amount by Client against FLG, Client shall give FLG written notice users’ compliance with the terms and conditions of the alleged basis Agreement. We shall have no liability for any claims, losses or damages arising out of or in connection with Your or any of Your users’ use of the Licensed Materials, any third-party products, services, software or web sites that are accessed via links from within the Services. 8.3 Nothing in the Agreement shall in any way exclude or limit Our liability within ninety (90for any head(s) days of discovering loss which by law it is not possible to exclude or limit. 8.4 Our liability for the circumstances giving rise theretoloss or damage to tangible property whether or not the same are under warranty shall be limited in accordance with clause 8.5 below. 8.5 Subject to clause 8.1, Our total liability for direct losses in order that FLG will have contract, tort, misrepresentation, breach of statutory duty or otherwise in connection with the opportunity to investigate Agreement or the provision of the Licensed Materials, Support, Hardware and/or any Services for any and all events and/or claims arising in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client any Year shall be limited to the extent total charges and resulting sums paid (excluding all applicable taxes and expenses) by You to Us in that FLG is actually prejudiced by such failure. Notwithstanding anything herein Year; for the purposes of this clause, “Year” shall mean a period of 12 months (or shorter period in the period immediately prior to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of the Agreement) commencing on the Effective Date of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion Master Agreement or any anniversary of a financial or accounting audit for the period(s) to which a claim pertainssuch Effective Date.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE 5.1 Disclaimer of Certain Types of Liability SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY WARRANTY WHATSOEVERKIND. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY COMPANY DISCLAIMS ALL OTHER WARRANTIESWARRANTIES OF ANY KIND, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING INCLUDING BUT NOT LIMITED TO THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENTPURPOSE. NO REPRESENTATION COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR OTHER AFFIRMATION THAT THE OPERATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG NOT BE LIABLE TO LICENSEE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, DAMAGES INCLUDING, BUT NOT LIMITED TO: TO DATA LOSS, SECURITY BREACHES, OR PERFORMANCE ISSUES. LICENSEE ASSUMES ALL RISKS AND LIABILITIES ASSOCIATED WITH ANY CONTINUED UNSUPPORTED AND UNAUTHORIZED USE. 5.2 Disclaimer of Indemnity COMPANY SHALL NOT BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS, SALES, OR BUSINESS EXPENDITURES; REVENUE LOST INVESTMENTS; COMMITMENTS IN CONNECTION WITH ANY BUSINESS; LOSS OF ANY GOODWILL; OR SAVINGS; WAIVER BY CLIENTFOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT OR USE OF THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE NOT COMPANY HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH NOTWITHSTANDING ANY FAILURE OF ITS CONFIDENTIALITY OBLIGATIONSESSENTIAL PURPOSE OF ANY LIMITED REMEDY. A. As 5.3 Third Party Infringement Indemnity Company, at its sole expense, agrees to indemnify, defend, and hold Licensee harmless from and against any claim, suit, or action brought against Licensee to the extent it is based upon a condition for recovery of third party claim that the Software or documentation used by Licensee in a manner as authorized hereunder infringes any amount by Client against FLGcopyright, Client trade secret, or patent. Licensee shall give FLG Company timely and reasonable written notice of any action, sole control over the alleged basis defense or settlement, and reasonable assistance regarding the defense or settlement. 5.4 Post-Termination Use Disclaimer Licensee agrees that in the event of termination, whether by Licensee or Company, the Company shall bear no responsibility or liability for liability within ninety (90) days any claims, damages, losses, or other liabilities arising from Licensee’s continued use of discovering the circumstances giving rise theretosoftware after termination. Including, in order that FLG will have the opportunity but not limited to investigate in a timely manner anddata loss, where possiblesecurity breaches, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failureperformance issues. Notwithstanding anything herein to the contrary, Client must assert Licensee assumes all risks and liabilities associated with any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainscontinued unsupported and unauthorized use.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINUSER UNDERSTANDS AND AGREES THAT THE PLATFORM, ALL SERVICES TO BE PROVIDED BY FLG ITS COMPONENTS, INTERFACES, ANY RELATED EQUIPMENT, ANY DOCUMENTATION, DATA AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER OTHER MATERIALS AND THE EXISTING TECHNOLOGY ARE PROVIDED “AS IS” WITHOUT ”. THE BLOCKFILLS PARTIES AND ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTTHRIRD-PARTY PROVIDERS SPECIFICALLY DISCLAIM, WITHOUT WHICH FLG WOULD NOT HAVE AGREED LIMITATION, ALL WARRANTIES OF ANY KIND TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONSUSER, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING, REGARDING WITHOUT LIMITATION, THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON- INFRINGEMENT (EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN SECTION 22 “INDEMNIFICATION” HEREOF) OR THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. THE BLOCKFILLS PARTIES AND INFRINGEMENTANY THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE PLATFORM OR AS TO THE RESULTS TO BE ATTAINED BY USER FROM ACCESS TO OR USE OF THE PLATFORM. THE BLOCKFILLS PARTIES AND ANY THIRD-PARTY PROVIDERS SHALL HAVE NO REPRESENTATION LIABILITY WHATSOEVER FOR ANY CLAIMS RELATING TO ANY SOFTWARE, ANY TECHNOLOGY, ANY EQUIPMENT, THE PLATFORM, THE EXISTING TECHNOLOGY, DATA OR ANY OTHER AFFIRMATION OF FACT REGARDING INFORMATION, MATERIALS, CURRENCY OR THAT THE SERVICES PROVIDED HEREUNDER PLATFORM MEETS USER’S REQUIREMENTS OR SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, ACCURATE OR GIVE RISE FREE FROM ERRORS OR DEFECTS. THE BLOCKFILLS PARTIES MAKE NO WARRANTIES AS TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, LIFE OF ANY DATA, EVEN IF CLIENT URL GENERATED OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, PUBLISHED. USER ACKNOWLEDGES THAT CERTAIN SOFTWARE AND EQUIPMENT USED BY USER MAY NOT BE CAPABLE OF SUPPORTING CERTAIN FEATURES OF THE POSSIBILITY THEREOFPLATFORM. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT USER HEREBY ACKNOWLEDGES THAT USER HAS NOT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES MADE BY THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK BLOCKFILLS PARTIES AND ANY THIRD- PARTY PROVIDERS EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT AGREEMENT. NONE OF THE BLOCKFILLS PARTIES OR ANY THIRD-PARTY PROVIDERS RECOMMENDS, ENDORSES, ADVOCATES OR SPONSORS ANY OF THE DIGITAL CURRENCY PAIRS OR DIGITAL CURRENCY TRANSACTIONS APPEARING ON OR MADE THROUGH THE PLATFORM. USER ACKNOWLEDGES THE SUBSTANTIAL RISKS ASSOCIATED WITH DIGITAL CURRENCY MARKETS AND THAT FLG WOULD TRADING TRANSACTIONS. BLOCKFILLS IS NOT AN AUTHORISED FINANCIAL ADVISOR OR REPRESENTATIVE AND DOES NOT GIVE FINANCIAL, TAX, EMPLOYMENT, LEGAL OR INVESTMENT ADVICE. ANY PRICE INFORMATION, QUOTES, FORECASTS, RETURN ESTIMATES OR INDICATIONS OF PAST PERFORMANCE ARE FOR INFORMATION PURPOSES ONLY AND DO NOT GUARANTEE FUTURE PERFORMANCE AND DO NOT CONSTITUTE AN OFFER TO BUY OR SELL OR ANY SOLICITATION OF AN OFFER TO BUY OR SELL ANY CURRENCIES, CURRENCY PAIRS OR OTHER PROPERTY, NOR TO ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITYANY DIGITAL CURRENCY TRANSACTION. THIS PARAGRAPH THE PLATFORM SHALL NOT APPLY SERVE AS THE PRIMARY BASIS FOR ANY OF THE USER’S INVESTMENT DECISIONS AND NONE OF THE BLOCKFILLS PARTIES SHALL BE DEEMED TO EITHER PARTY WITH RESPECT TO A BREACH BE USER’SFINANCIAL ADVISOR OR FIDUCIARY. USER HEREBY ACKNOWLEDGES THAT ANY RELIANCE UPON ANY CONTENT OF ITS CONFIDENTIALITY OBLIGATIONSTHE PLATFORM SHALL BE AT USER’S SOLE AND EXCLUSIVE RISK. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL COMPASS MAKES NO WARRANTIES OR GUARANTEES RELATED TO THE AVAILABILITY OF PREPAID CREDIT ACCOUNT. THE SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE COMPASS IS PROVIDED “AS IS” WITHOUT ANY AND “AS AVAILABLE”. COMPASS MAKES NO WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES ANY (I) WARRANTY OF MERCHANTABILITY, TITLE, ; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENTPURPOSE; (III) WARRANTY AGAINST INTERFERENCE; OR (IV) PRICE OR LIQUIDITY OF ANY DIGITAL ASSET. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING COMPASS DO NOT WARRANT THAT (A) THE SERVICES PROVIDED HEREUNDER PREPAID CREDIT ACCOUNT SHALL BE DEEMED A WARRANTY FOR AVAILABLE 24/7 OR FREE FROM INTERRUPTIONS; (B) THE PREPAID CREDIT ACCOUNT OR PREPAID CREDITS SHALL MEET CUSTOMER’S REQUIREMENTS OTHER THAN AS SET OUT IN WRITTEN AGREEMENT BETWEEN THE PARTIES; OR (C) THE PREPAID CREDIT ACCOUNT OR PREPAID CREDITS SHALL PROVIDE ANY PURPOSE OR GIVE RISE FUNCTION NOT DESIGNATED IN WRITTEN AGREEMENT BETWEEN THE PARTIES. NOTWITHSTANDING ANYTHING TO ANY LIABILITY OF FLG WHATSOEVER. THE CONTRARY IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, IN NO EVENT SHALL FLG WILL COMPASS BE LIABLE FOR TO CUSTOMER FOR (I) LOST PROFITS, LOSS OF BUSINESS OR LOST REVENUE; (II) ANY INTERNET FAILURE OR OUTAGE; (III) DAMAGES RESULTING FROM ANY ACTIONS OR INACTIONS OF CUSTOMER OR ANY THIRD PARTY; (IV) LOSS, INTERRUPTION OR USE OF DATA OR ANY LOSS, DELETION, OR CORRUPTION OF CUSTOMER’S DATA OR FILES WHATSOEVER; (V) DAMAGES RESULTING FROM CUSTOMER HARDWARE OR EQUIPMENT OR ANY THIRD PARTY EQUIPMENT; (VI) ANY INTERRUPTION OR DEFECTS IN CUSTOMER HARDWARE FUNCTIONALITY; OR (VII) ANY CONSEQUENTIAL, INDIRECT COST OF COVER, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATADAMAGES (IF APPLICABLE), EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT THE LIMITATIONS SET FORTH HEREUNDER WILL APPLY TO THE CONTRARYALL CLAIMS AND CAUSES OF ACTION, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, REGARDLESS OF WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISEOTHER THEORY. MOREOVER, IN NO EVENT SHALL NOT THE AGGREGATE LIABILITY OF COMPASS TO CUSTOMER, FOR ALL LOSSES, COSTS, AND DAMAGES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED AN THE LESSER OF (I) ACTUAL DIRECT DAMAGES SUFFERED BY CUSTOMER AND (II) THE TOTAL AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT CUSTOMER TO COMPASS FOR PREPAID CREDITS UNDER THIS AGREEMENT REFLECTS DURING THE ALLOCATION OF RISK SET FORTH PRECEDING TWELVE-MONTH PERIOD. ALL REFERENCES TO PARTIES IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSINCLUDE THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, ADVISORS AND AGENTS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. 4.1 EXCEPT AS EXPRESSLY OTHERWISE SET FORTH HEREINHEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES TO BE PROVIDED BY FLG YOU ACKNOWLEDGE AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER AGREE THAT THE PRODUCTS ARE PROVIDED ON AN “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE AND “AS ISAVAILABLE” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF BASIS. THE BASIS OF THIS AGREEMENTWARRANTIES, WITHOUT WHICH FLG WOULD NOT HAVE AGREED IF ANY, SET FORTH HEREIN AND IN THE PRODUCT ATTACHMENTS ARE LIMITED TO ENTER INTO THIS AGREEMENT. FLG THEIR EXPRESS TERMS AND ARE IN LIEU OF, AND ACTIVE, ITS LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIMS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL OR STATUTORY, REGARDING THE PROFESSIONAL SERVICESWRITTEN, INCLUDING ANYANY (a) WARRANTY THAT THE PRODUCTS ARE ERROR-FREE OR “BUG”-FREE, ACCURATE, SECURE, OR RELIABLE; (b) WARRANTY THAT THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTION; (c) WARRANTY THAT ALL ERRORS WILL BE CORRECTED OR THAT THE PRODUCTS WILL COMPLY WITH ANY LAW, RULE, OR REGULATION; (d) IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NON-INFRINGEMENT; (e) IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND INFRINGEMENT(f) WARRANTY THAT THE PRODUCTS WILL MEET CLIENT’S REQUIREMENTS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG ACTIVE WILL NOT BE LIABLE FOR INDIRECT DAMAGES OR LOSSES (IN CONTRACT, STATUTE, TORT, OR OTHERWISE), INCLUDING DAMAGES FOR LOST PROFITS, LOST SAVINGS, COST OF REPLACEMENT SERVICES, LOST DATA, LOSS OF USE OF INFORMATION OR SERVICES, OR ANY INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARY, SPECIALPUNITIVE, PUNITIVE OR CONSEQUENTIAL SPECIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT WHETHER OR NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE ACTIVE HAS PREVIOUSLY BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION ONLY APPLIES WHERE ALLOWED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACTIVE’S TOTAL AGGREGATE LIABILITY FOR ALL MATTERS ARISING FROM OR RELATED TO THIS AGREEMENT IS LIMITED TO (I)THE AMOUNT OF FEES ACTUALLY PAID BY CLIENT AS CONSIDERATION FOR THE SPECIFIC PRODUCT UNDER THE APPLICABLE SCHEDULE GIVING RISE TO SUCH CLAIMS DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH THE FIRST CAUSE OF ACTION AROSE, OR (II) IF NO SUCH PAYMENTS HAVE BEEN MADE OR SUCH AMOUNTS CANNOT BE CALCULATED, 10,000 U.S. DOLLARS (OR THE EQUIVALENT THERETO AS DETERMINED BY THE APPLICABLE COUNTRY’S CURRENCY), AS APPLICABLE. NOTWITHSTANDING ANYTHING IN THE ABOVE, IF YOU RESIDE OUTSIDE OF THE U.S., THIS DOES NOT AFFECT ACTIVE’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 4.2 TO THE EXTENT THIS AGREEMENT IS GOVERNED BY ENGLISH LAW, THE FOLLOWING APPLIES: ACTIVE IS LIABLE UNDER APPLICABLE STATUTORY PROVISIONS FOR INTENT AND GROSS NEGLIGENCE. THE SAME APPLIES TO ASSUMPTIONS OF GUARANTEES, STRICT LIABILITY, OR INJURY TO LIFE, LIMB, OR HEALTH. ACTIVE IS LIABLE FOR ANY NEGLIGENT BREACHES OF ESSENTIAL CONTRACTUAL OBLIGATIONS BY ACTIVE BUT THE AMOUNT SHALL BE LIMITED TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE TYPICALLY OCCURRING FORESEEABLE DAMAGE. ANY ADDITIONAL LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL OF ACTIVE IS EXCLUDED. 4.3 TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER EXTENT THIS AGREEMENT REFLECTS IS GOVERNED BY AUSTRALIAN LAW, THE ALLOCATION OF RISK SET FORTH FOLLOWING APPLIES: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND EXCEPT FOR ANY CONDITION OR WARRANTY THE EXCLUSION OF WHICH COULD BE VOID OR OTHERWISE CONTRAVENE THE TRADE PRACTICES XXX 0000 (CTH) OR ANY OTHER APPLICABLE LAW (“NON EXCLUDABLE CONDITION”), ALL SOFTWARE AND SERVICES OF ACTIVE ARE PROVIDED TO YOU ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR ANY NON-EXCLUDABLE CONDITION OR OTHERWISE AS CONTAINED IN THIS AGREEMENT, ACTIVE EXPRESSLY DISCLAIMS ANY WARRANTY THAT FLG WOULD NOT ENTER THE USE OF ITS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SPECIFICATIONS WILL MEET YOUR REQUIREMENTS. WHERE LEGISLATION IMPLIES INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A ANY NON-EXCLUDABLE CONDITION, ACTIVE’S LIABILITY FOR ANY BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner ofSUCH NON-EXCLUDABLE CONDITION WILL BE LIMITED AT ACTIVE’S SOLE DISCRETION TO ONE OR MORE OF THE FOLLOWING: (i1) ninety IN THE CASE OF GOODS, ANY ONE OR MORE OF THE FOLLOWING: (90I) days after discoveryTHE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (iiII) ninety (90) days after the termination of this AgreementTHE REPAIR OF THE GOODS; (iiiIII) ninety THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (90IV) days after the last date on which the Services were performedTHE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; or, (iv2) sixty IN THE CASE OF SERVICES: (60I) days after completion of a financial or accounting audit for the period(sTHE SUPPLYING OF THE SERVICES AGAIN; OR (II) to which a claim pertainsTHE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

Disclaimers and Limitation of Liability. 8.1 CUSTOMER IS SOLELY RESPONSIBLE FOR ITS USE OF THE SOFTWARE AND SHALL AT ALL TIMES USE THE SOFTWARE IN COMPLIANCE WITH ALL APPLICABLE LAWS. THE PRODUCTS, SERVICES, AND DOCUMENTATION ARE PROVIDED TO CUSTOMER ON AN "AS IS" AND “AS AVAILABLE” BASIS ONLY, AND BOMGAR MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, REGARDING OR RELATING TO THE SAME, OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO CUSTOMER PURSUANT TO THIS XXXX OR OTHERWISE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, BOMGAR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO PRODUCTS AND SERVICES OR THE USE THEREOF. BOMGAR DOES NOT WARRANT OR REPRESENT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE PRODUCTS OR DOCUMENTATION ARE CORRECTABLE OR WILL BE CORRECTED. BOMGAR SHALL HAVE NO RESPONSIBILITIES OR LIABILITY FOR INCORRECT DATA OR INFORMATION INPUT INTO THE SOFTWARE OR FOR ERRORS IN OUTPUT, CALCULATIONS, OR RESULTS CAUSED BY THE SAME OR THE HARDWARE OR THIRD PARTY SOFTWARE. BOMGAR DOES NOT WARRANT THAT THERE ARE NO DISCREPANCIES BETWEEN THE SOFTWARE AND DOCUMENTATION. BOMGAR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE. CUSTOMER ACKNOWLEDGES THAT THE RECORDING FEATURES OF THE SOFTWARE MAY SUBJECT CUSTOMER TO LAWS AND/OR REGULATIONS REGARDING THE RECORDING OF COMMUNICATIONS, AND CUSTOMER ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH SUCH LAWS AND/OR REGULATIONS. 8.2 IN NO EVENT SHALL BOMGAR, AND/OR BOMGAR’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, RESELLERS, PARENT, AFFILIATES OR SUBSIDIARIES (COLLECTIVELY THE “BOMGAR PARTIES”) BE LIABLE FOR ANY LOSS OF DATA, COSTS OF SUBSTITUTE GOOD OR SERVICES, LOSS OF PROFITS OR INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THIS XXXX, OR THE USE OR INABILITY TO USE ANY PRODUCTS OR DOCUMENTATION, BASED ON ANY THEORY OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE, EVEN IF BOMGAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 BOMGAR PARTIES’ CUMULATIVE LIABILITY TO CUSTOMER FOR ALL CLAIMS RELATING TO: (A) DEFECTIVE SERVICES SHALL NOT EXCEED THE FEES PAID BY THE CUSTOMER FOR THE SERVICES GIVING RISE TO THE CLAIM (WHICH FOR MAINTENANCE SERVICES SHALL NOT EXCEED THE ANNUAL MAINTENANCE FEES PAID BY THE CUSTOMER FOR THE PERIOD IN WHICH THE DEFECTIVE MAINTENANCE SERVICES WERE PERFORMED); OR (B) THE PRODUCTS OR OTHERWISE RELATING TO THIS XXXX, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL PRODUCT FEES (AS APPLICABLE) PAID TO BOMGAR HEREUNDER WITH RESPECT TO PRODUCT(S) (AS APPLICABLE) GIVING RISE TO THE CLAIM. 8.4 THE BOMGAR PARTIES SHALL NOT BE LIABLE FOR CLAIMS BROUGHT MORE THAN TWO YEARS AFTER THE FACTS GIVING RISE TO SUCH CLAIMS WERE FIRST DISCOVERABLE. EXCEPT AS EXPRESSLY SET FORTH HEREINHEREIN OR IN A WRITTEN XXXX BETWEEN BOMGAR AND CUSTOMER, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT BOMGAR SHALL HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY RESPONSIBILITY WITH RESPECT TO A BREACH ANY THIRD PARTY SOFTWARE, AND CUSTOMER WILL LOOK SOLELY TO THE LICENSOR(S) OF ITS CONFIDENTIALITY OBLIGATIONSTHE THIRD PARTY SOFTWARE FOR ANY REMEDY. A. As a condition for recovery of any amount by Client against FLG8.5 THIS CLAUSE SHALL NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR FRAUD OR CRIMES ARISING OUT OF OR RELATED TO THIS CONTRACT UNDER ANY FEDERAL FRAUD STATUTE, Client shall give FLG written notice of the alleged basis for liability within ninety INCLUDING THE FALSE CLAIMS ACT, 31 U.S.C. 3729-3733. FURTHERMORE, THIS CLAUSE SHALL NOT IMPAIR NOR PREJUDICE THE U.S. GOVERNMENT’S RIGHT TO EXPRESS REMEDIES PROVIDED IN THE GSA SCHEDULE CONTRACT (90E.G., CLAUSE 552.238-75 – PRICE REDUCTIONS, CLAUSE 52.212-4(H) days of discovering the circumstances giving rise thereto– PATENT INDEMNIFICATION, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsAND GSAR 552.215-72 – PRICE ADJUSTMENT – FAILURE TO PROVIDE ACCURATE INFORMATION).

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. EXCEPT WITH RESPECT TO ITS INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 7, ANY BREACH OF SECTION 9 HEREOF, OR ANY BREACH OF THAT CERTAN CONFIDENTIAL MUTUAL NON-DISCLOSURE AGREEMENT BETWEEN THE PARTIES DATED ON OR AROUND THE DATE HEREOF, IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENTHEREUNDER. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINUSER UNDERSTANDS AND AGREES THAT THE PLATFORM, ALL SERVICES TO BE PROVIDED BY FLG ITS COMPONENTS, INTERFACES, ANY RELATED EQUIPMENT, ANY DOCUMENTATION, DATA AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER OTHER MATERIALS AND THE EXISTING TECHNOLOGY ARE PROVIDED “AS IS” WITHOUT ”. THE BCM PARTIES AND ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTTHRIRD-PARTY PROVIDERS SPECIFICALLY DISCLAIM, WITHOUT WHICH FLG WOULD NOT HAVE AGREED LIMITATION, ALL WARRANTIES OF ANY KIND TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONSUSER, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING, REGARDING WITHOUT LIMITATION, THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT (EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN SECTION 22 “INDEMNIFICATION” HEREOF) OR THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. THE BCM PARTIES AND INFRINGEMENTANY THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE PLATFORM OR AS TO THE RESULTS TO BE ATTAINED BY USER FROM ACCESS TO OR USE OF THE PLATFORM. THE BCM PARTIES AND ANY THIRD PARTY PROVIDERS SHALL HAVE NO REPRESENTATION LIABILITY WHATSOEVER FOR ANY CLAIMS RELATING TO ANY SOFTWARE, ANY TECHNOLOGY, ANY EQUIPMENT, THE PLATFORM, THE EXISTING TECHNOLOGY, DATA OR ANY OTHER AFFIRMATION OF FACT REGARDING INFORMATION, MATERIALS, CURRENCY OR THAT THE SERVICES PROVIDED HEREUNDER PLATFORM MEETS USER’S REQUIREMENTS OR SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, ACCURATE OR GIVE RISE FREE FROM ERRORS OR DEFECTS. THE BCM PARTIES MAKE NO WARRANTIES AS TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, LIFE OF ANY DATA, EVEN IF CLIENT URL GENERATED OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, PUBLISHED. USER ACKNOWLEDGES THAT CERTAIN SOFTWARE AND EQUIPMENT USED BY USER MAY NOT BE CAPABLE OF SUPPORTING CERTAIN FEATURES OF THE POSSIBILITY THEREOFPLATFORM. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT USER HEREBY ACKNOWLEDGES THAT USER HAS NOT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES MADE BY THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK BCM PARTIES AND ANY THIRD-PARTY PROVIDERS EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT AGREEMENT. NONE OF THE BCM PARTIES OR ANY THIRD-PARTY PROVIDERS RECOMMENDS, ENDORSES, ADVOCATES OR SPONSORS ANY OF THE CURRENCIES, CURRENCY PAIRS OR FOREIGN CURRENCY TRANSACTIONS APPEARING ON OR MADE THROUGH THE PLATFORM. USER ACKNOWLEDGES THE SUBSTANTIAL RISKS ASSOCIATED WITH FOREIGN EXCHANGE MARKETS AND THAT FLG WOULD TRADING TRANSACTIONS. BCM IS NOT AN AUTHORISED FINANCIAL ADVISOR OR REPRESENTATIVE AND DOES NOT GIVE FINANCIAL, TAX, EMPLOYMENT, LEGAL OR INVESTMENT ADVICE. ANY PRICE INFORMATION, QUOTES, FORECASTS, RETURN ESTIMATES OR INDICATIONS OF PAST PERFORMANCE ARE FOR INFORMATION PURPOSES ONLY AND DO NOT GUARANTEE FUTURE PERFORMANCE AND DO NOT CONSTITUTE AN OFFER TO BUY OR SELL OR ANY SOLICITATION OF AN OFFER TO BUY OR SELL ANY CURRENCIES, CURRENCY PAIRS OR OTHER PROPERTY, NOR TO ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITYANY FOREIGN CURRENCY EXCHANGE TRANSACTION. THIS PARAGRAPH THE PLATFORM SHALL NOT APPLY SERVE AS THE PRIMARY BASIS FOR ANY OF THE USER’S INVESTMENT DECISIONS AND NONE OF THE BCM PARTIES SHALL BE DEEMED TO EITHER PARTY WITH RESPECT TO A BREACH BE USER’SFINANCIAL ADVISOR OR FIDUCIARY. USER HEREBY ACKNOWLEDGES THAT ANY RELIANCE UPON ANY CONTENT OF ITS CONFIDENTIALITY OBLIGATIONSTHE PLATFORM SHALL BE AT USERS SOLE AND EXCLUSIVE RISK. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT 11.1 NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS EXPRESSLY SET FORTH HEREINA REPRESENTATION MADE OR WARRANTY GIVEN BY CELERA OR ITS SUPPLIERS THAT THE USE OF ANY INFORMATION, ALL SERVICES TO BE DATA, SOFTWARE OR OTHER MATERIALS PROVIDED HEREUNDER WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OF ANY THIRD PARTY. THE INFORMATION, DATA, SOFTWARE AND OTHER MATERIALS PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) CELERA HEREUNDER ARE PROVIDED “"AS IS” " WITHOUT WARRANTY OF ANY WARRANTY KIND WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING INCLUDING THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENTPURPOSE. CELERA MAKES NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING WARRANTY THAT THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. PRODUCTS WITHIN THE BPP SUBSCRIPTION DO NOT CONTAIN ERRORS. 11.2 IN NO EVENT SHALL FLG CELERA (OR CELERA'S SUPPLIERS) OR MMI (OR MMI'S CUSTOMERS OR SUBLICESEES) BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL DAMAGESINCIDENTAL DAMAGES OF ANY NATURE WHATSOEVER, HOWEVER CAUSED AND UNDER ANY CIRCUMSTANCESTHEORY OF LIABILITY WHETHER BASED IN CONTRACT, INCLUDINGWARRANTY, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENTTORT, WHETHER INADVERTENT OR INTENTIONALSTRICT LIABILITY, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED STATUTORY OR OTHERWISE, ARISING OUT OF ANY DATA, OR IN CONNECTION WITH THIS AGREEMENT EVEN IF CLIENT OR FLG HAVE THE OTHER PARTY HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN OF SUCH DAMAGES. 11.3 THE LIABILITY OF CELERA OR MMI, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, SUBCONTRACTORS, SUPPLIERS, CUSTOMERS AND SUBLICENSEES WITH RESPECT TO ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDERAGREEMENT, WHETHER IN BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCESTRICT LIABILITY, MISREPRESENTATION, STRICT LIABILITY STATUTORY OR OTHERWISE, SHALL BE LIMITED TO (a) DIRECT, ACTUAL DAMAGES INCURRED AS A RESULT OF CELERA'S OR MMI'S FAILURE TO PERFORM ITS OBLIGATIONS AS REQUIRED BY THIS AGREEMENT, AND (b) SHALL NOT EXCEED AN AMOUNT EXCEED, IN THE AGGREGATE, A SUM EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT TOTAL AMOUNTS PAID TO CELERA UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG11.4 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsANY MMI TECHNOLOGY DISCOVERED THROUGH MMI'S AUTHORIZED USE OF THE BPP PRODUCTS AND TECHNOLOGY MAY BE SUBJECT TO CELERA'S INTELLECTUAL PROPERTY RIGHTS IN CELERA TECHNOLOGY AND/OR THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO SIX (26) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT 14.1 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, INNERVATION WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRINSIC, SPECIAL, PENAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES SUSTAINED BY YOU ARISING OUT OF OR IN CONNECTION WITH ANY PURCHASE, YOUR USE OF THIS WEBSITE OR YOUR REGISTRATION, REGARDLESS OF HOW SUCH LOSSES OR DAMAGES ARE CAUSED (INCLUDING AS A RESULT OF NEGLIGENT ACTS OR OMISSIONS OF INNERVATION OR OF ANY PERSON FOR WHOM INNERVATION MAY BE LIABLE IN LAW), WHETHER THEY ARISE UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE. 14.2 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, INNERVATION WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES SUSTAINED BY YOU ARISING OUT OF OR IN CONNECTION WITH ANY PURCHASE, YOUR USE OF THIS WEBSITE OR YOUR REGISTRATION, REGARDLESS OF HOW SUCH LOSSES OR DAMAGES ARE CAUSED (INCLUDING AS A RESULT OF NEGLIGENT ACTS OR OMISSIONS OF INNERVATION OR OF ANY PERSON FOR WHOM INNERVATION MAY BE LIABLE IN LAW), WHETHER THEY ARISE UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE, IN EXCESS OF – 14.2.1 IN RELATION TO ANY CLAIM OR SERIES OF CLAIMS ARISING FROM ANY PURCHASE, AN AMOUNT EQUIVALENT TO 150% OF THE AMOUNT PAID BY YOU FOR THAT PURCHASE; OR 14.2.2 IN RELATION TO ANY OTHER CLAIM OR SERIES OF CLAIMS ARISING FROM THE SAME CAUSE OF ACTION, AN AMOUNT OF R250.00. 14.3 SAVE AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF IN THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED THE GOODS, THE WEBSITE AND ANY ASSOCIATED SERVICES ARE PROVIDED ON AN AS-IS BASIS AND, TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY THE MAXIMUM EXTENT PERMISSIBLE BY LAW, INNERVATION EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES, TERMS WHETHER EXPRESSED OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES ARISING BY OPERATION OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED LAW OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, IN RESPECT OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO GOODS, THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO WEBSITE AND THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSASSOCIATED SERVICES. A. As a condition 14.4 Nothing in this clause 14 will be interpreted or construed to exclude or limit Innervation's liability for recovery death, illness or personal injury or any loss of or physical damage to property, caused to You by any amount by Client against FLGact or omission of Innervation, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client save to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG permitted by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsCPA.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE 1. Disclaimer. THE EPICCARE EHR IS PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED ON AN “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE AND AN “AS ISAVAILABLE” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF BASIS. CLIENT, SCRIPPS AND THE BASIS OF THIS AGREEMENTLICENSORS DO NOT MAKE, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICESEPICCARE EHR, OR ANY PORTION THEREOF, INCLUDING ANY, (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, AND INFRINGEMENTANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. CLIENT, SCRIPPS AND LICENSORS MAKE NO REPRESENTATION REPRESENTATION, WARRANTY OR GUARANTEE THAT OPERATION OF THE EPICCARE EHR, OR USER’S ACCESS THERETO, WILL BE CONTINUOUS, ERROR-FREE OR UNINTERRUPTED, OR THAT THE EPICCARE EHR WILL BE COMPATIBLE WITH USER’S DEVICES OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVERSOFTWARE. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT USER ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS EPICCARE EHR IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT, THAT USER SHALL HAVE FULL RESPONSIBILITY FOR THE ALLOCATION CARE AND WELL BEING OF RISK SET FORTH IN THIS AGREEMENT HIS/HER PATIENTS, AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH ANY RELIANCE BY USER UPON THE EPICCARE EHR SHALL NOT APPLY DIMINISH THAT RESPONSIBILITY. USER ACKNOWLEDGES AND AGREES THAT CLIENT, SCRIPPS AND THE LICENSORS ARE NOT RESPONSIBLE FOR: (A) THE ACCURACY OF CODES OR OTHER DATA THAT HAVE BEEN INCORPORATED INTO OR INCLUDED IN THE EPICCARE EHR; (B) ANY DATA SUBMITTED BY ANY USER OF THE EPICCARE EHR; (C) THE PERFORMANCE OF THE USER’S EQUIPMENT; (D) ANY DOWNTIME OR UNAVAILABILITY OF THE EPICCARE EHR; (E) LOSS OR CORRUPTION OF DATA OR INACCESSIBILITY OF DATA (THROUGH ENCRYPTION OR OTHERWISE) THAT OCCURS AS A RESULT OF A VIRUS, RANSOMWARE OR OTHER MALWARE; (E) USE OF DATA OR PHI BY ANY OTHER USER THAT HAS ACCESS TO EITHER PARTY WITH RESPECT TO A BREACH THE EPICCARE EHR; OR (F) ANY DEFECTS, ERRORS OR LOSS OF ITS CONFIDENTIALITY OBLIGATIONSDATA. A. As 2. Independent Medical Judgment. Neither Client, Scripps nor the Licensors gives medical advice or provides medical or diagnosis services through the EpicCare EHR provided hereunder. Any content or data contained in or available via the EpicCare EHR is not a condition substitute for recovery the professional judgment of healthcare providers in diagnosing and treating patients. Client, Scripps and the Licensors are not responsible for the accuracy, timeliness, completeness, appropriateness or helpfulness of any amount by Client against FLGcontent, Client shall give FLG written notice data, templates or decision support tools, and the User is solely responsible for confirming the accuracy or availability of all content and data and making all medical, diagnostic or prescription decisions (whether or not the alleged basis EpicCare EHR is available). User is solely responsible for liability within ninety (90) days complying with all laws, regulations and licensing requirements applicable to his/her delivery of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct healthcare or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainshealthcare services.

Disclaimers and Limitation of Liability. EXCEPT THE SITE, CONTENT AND SERVICES ARE PROVIDED FOR USE “AS EXPRESSLY SET FORTH HEREINIS” WITHOUT WARRANTY OF ANY KIND. FAIRWEY DOES NOT WARRANT THAT THE SITE, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. FAIRWEY DOES NOT WARRANT THAT THE SITE, CONTENT OR SERVICES WILL PROVIDE SPECIFIC RESULTS. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW: o UNDER NO CIRCUMSTANCES WILL FAIRWEY BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF THE SITE, CONTENT, SERVICES OR OTHER ITEMS LOCATED ON THE SITE. o FAIRWEY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES TO BE PROVIDED ON THE SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY FLG US. ALL SUCH INFORMATION, PRODUCTS AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY WARRANTY WHATSOEVERKIND. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART o REGARDLESS OF THE BASIS FORM OF THIS AGREEMENTACTION OR THEORY OF RECOVERY, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG FAIRWEY BE LIABLE OR RESPONSIBLE TO YOU IN CONNECTION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY INCIDENTAL, ANY: (A) INDIRECT, EXEMPLARYCONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL EXEMPLARY DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT FAIRWEY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY, BUSINESS INTERRUPTIONS AND/OR FLG HAVE BEEN ADVISED OF, BENEFIT OF THE BARGAIN DAMAGES; AND/OR (C) DIRECT DAMAGES IN AN AMOUNT GREATER THAN FIVE THOUSAND DOLLARS ($5,000 USD). ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFEXISTENCE OF SUCH CLAIM AGAINST FAIRWEY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY o FAIRWEY IS HEREBY RELEASED FROM ANY CLAIMS OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT DISPUTES BETWEEN YOU AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSANY PROVIDER. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. 10.1 NOTWITHSTANDING ANYTHING IN SECTION 5.8 TO THE CONTRARY, NOTHING IN THIS AGREEMENT (EXCEPT AS EXPRESSLY TO THE LIMITED EXTENT SET FORTH HEREININ SECTION 9.2 OR 9.3) SHALL BE CONSTRUED AS A REPRESENTATION MADE-OR-WARRANTY GIVEN BY EITHER PARTY THAT THE USE OF ANY INFORMATION, ALL SERVICES TO BE DATA, OR OTHER MATERIALS PROVIDED HEREUNDER WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OF ANY THIRD PARTY. THE INFORMATION, DATA, OR OTHER MATERIALS PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) EITHER PARTY HEREUNDER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY WARRANTY KIND WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING INCLUDING THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENTPURPOSE. NO REPRESENTATION NEITHER PARTY MAKES ANY WARRANTY THAT THE DELIVERABLES OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES XXXXXXX TECHNOLOGY DO NOT CONTAIN ERRORS (PROVIDED HEREUNDER THAT EACH PARTY SHALL BE DEEMED A WARRANTY FOR REASONABLY DILIGENT IN PREVENTING THE OCCURRENCE OF ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. ERRORS). 10.2 IN NO EVENT SHALL FLG EITHER PARTY OR THEIR AFFILIATES BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL DAMAGESINCIDENTAL DAMAGES OF ANY NATURE WHATSOEVER, HOWEVER CAUSED AND UNDER ANY CIRCUMSTANCESTHEORY OF LIABILITY WHETHER BASED IN CONTRACT, INCLUDINGWARRANTY, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENTTORT (INCLUDING WITHOUT LIMITATION, WHETHER INADVERTENT OR INTENTIONALNEGLIGENCE), OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSSSTRICT LIABILITY, THEFTSTATUTORY, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, ARISING OUT OF ANY DATA, OR IN CONNECTION WITH THIS AGREEMENT EVEN IF CLIENT OR FLG HAVE THE OTHER PARTY HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN OF SUCH DAMAGES. 10.3 THE LIABILITY OF THE PARTIES WITH RESPECT TO ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, COSTS, AND EXPENSES ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDERAGREEMENT, WHETHER IN BASED ON CONTRACT, TORTWARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, MISREPRESENTATION), STRICT LIABILITY LIABILITY, STATUTORY, OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL BE LIMITED TO DIRECT, ACTUAL DAMAGES INCURRED BY ONE PARTY AS A RESULT OF THE OTHER PARTY’S FAILURE TO PERFORM ITS OBLIGATIONS AS REQUIRED BY THIS AGREEMENT. 10.4 NOTWITHSTANDING ANYTHING TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES CONTRARY CONTAINED HEREIN, THE PARTIES RECOGNIZE THAT THE COMPENSATION PAID BY IT ANY JOINT TECHNOLOGY DISCOVERED, CREATED, OR DEVELOPED UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT MAY BE SUBJECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSTHIRD PARTY’S PRIOR INTELLECTUAL PROPERTY RIGHTS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT FACT, REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO FOUR (24) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. 4.1 EXCEPT AS EXPRESSLY OTHERWISE SET FORTH HEREINHEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES TO BE PROVIDED BY FLG CLIENT ACKNOWLEDGES AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER AGREES THAT THE PRODUCTS ARE PROVIDED ON AN “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE AND “AS ISAVAILABLE” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF BASIS. THE BASIS OF THIS AGREEMENTWARRANTIES, WITHOUT WHICH FLG WOULD NOT HAVE AGREED IF ANY, SET FORTH HEREIN AND IN THE PRODUCT ATTACHMENTS ARE LIMITED TO ENTER INTO THIS AGREEMENT. FLG THEIR EXPRESS TERMS AND ARE IN LIEU OF, AND ACTIVE, ITS LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIMS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL OR STATUTORY, REGARDING THE PROFESSIONAL SERVICESWRITTEN, INCLUDING ANYANY (a) WARRANTY THAT THE PRODUCTS ARE ERROR-FREE OR “BUG”-FREE, ACCURATE, SECURE, OR RELIABLE; (b) WARRANTY THAT THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTION; (c) WARRANTY THAT ALL ERRORS WILL BE CORRECTED OR THAT THE PRODUCTS WILL COMPLY WITH ANY LAW, RULE, OR REGULATION; (d) IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NON-INFRINGEMENT; (e) IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND INFRINGEMENT(f) WARRANTY THAT THE PRODUCTS WILL MEET CLIENT’S REQUIREMENTS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG ACTIVE WILL NOT BE LIABLE FOR INDIRECT DAMAGES OR LOSSES (IN CONTRACT, STATUTE, TORT, OR OTHERWISE), INCLUDING DAMAGES FOR LOST PROFITS, LOST SAVINGS, COST OF REPLACEMENT SERVICES, LOST DATA, LOSS OF USE OF INFORMATION OR SERVICES, OR ANY INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARY, SPECIALPUNITIVE, PUNITIVE OR CONSEQUENTIAL SPECIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT WHETHER OR NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE ACTIVE HAS PREVIOUSLY BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION ONLY APPLIES WHERE ALLOWED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACTIVE’S TOTAL AGGREGATE LIABILITY FOR ALL MATTERS ARISING FROM OR RELATED TO THIS AGREEMENT IS LIMITED TO (I)THE AMOUNT OF FEES ACTUALLY PAID BY CLIENT AS CONSIDERATION FOR THE SPECIFIC PRODUCT UNDER THE APPLICABLE SCHEDULE GIVING RISE TO SUCH CLAIMS DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH THE FIRST CAUSE OF ACTION AROSE LESS ANY AMOUNTS PAID BY ACTIVE WITH RESPECTIVE TO LIABILITIES UNDER THIS AGREEMENT, OR (II) IF NO SUCH PAYMENTS HAVE BEEN MADE OR SUCH AMOUNTS CANNOT BE CALCULATED, 10,000 U.S. DOLLARS (OR THE EQUIVALENT THERETO AS DETERMINED BY THE APPLICABLE COUNTRY’S CURRENCY), AS APPLICABLE. NOTWITHSTANDING ANYTHING IN THE ABOVE, IF CLIENT RESIDES OUTSIDE OF THE U.S., THIS DOES NOT AFFECT ACTIVE’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 4.2 TO THE EXTENT THIS AGREEMENT IS GOVERNED BY ENGLISH LAW, THE FOLLOWING APPLIES: ACTIVE IS LIABLE UNDER APPLICABLE STATUTORY PROVISIONS FOR INTENT AND GROSS NEGLIGENCE. THE SAME APPLIES TO ASSUMPTIONS OF GUARANTEES, STRICT LIABILITY, OR INJURY TO LIFE, LIMB, OR HEALTH. ACTIVE IS LIABLE FOR ANY NEGLIGENT BREACHES OF ESSENTIAL CONTRACTUAL OBLIGATIONS BY ACTIVE BUT THE AMOUNT SHALL BE LIMITED TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE TYPICALLY OCCURRING FORESEEABLE DAMAGE. ANY ADDITIONAL LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL OF ACTIVE IS EXCLUDED. 4.3 TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER EXTENT THIS AGREEMENT REFLECTS IS GOVERNED BY AUSTRALIAN LAW, THE ALLOCATION OF RISK SET FORTH FOLLOWING APPLIES: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND EXCEPT FOR ANY CONDITION OR WARRANTY, THE EXCLUSION OF WHICH COULD BE VOID OR OTHERWISE CONTRAVENE THE TRADE PRACTICES XXX 0000 (CTH) OR ANY OTHER APPLICABLE LAW (“NON EXCLUDABLE CONDITION”), ALL SOFTWARE AND SERVICES OF ACTIVE ARE PROVIDED TO CLIENT ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR ANY NON-EXCLUDABLE CONDITION OR OTHERWISE AS CONTAINED IN THIS AGREEMENT, ACTIVE EXPRESSLY DISCLAIMS ANY WARRANTY THAT FLG WOULD NOT ENTER THE USE OF ITS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SPECIFICATIONS WILL MEET CLIENT’S REQUIREMENTS. WHERE LEGISLATION IMPLIES INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A ANY NON-EXCLUDABLE CONDITION, ACTIVE’S LIABILITY FOR ANY BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner ofSUCH NON-EXCLUDABLE CONDITION WILL BE LIMITED AT ACTIVE’S SOLE DISCRETION TO ONE OR MORE OF THE FOLLOWING: (i1) ninety IN THE CASE OF GOODS, ANY ONE OR MORE OF THE FOLLOWING: (90I) days after discoveryTHE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (iiII) ninety (90) days after the termination of this AgreementTHE REPAIR OF THE GOODS; (iiiIII) ninety THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (90IV) days after the last date on which the Services were performedTHE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; or, (iv2) sixty IN THE CASE OF SERVICES: (60I) days after completion of a financial or accounting audit for the period(sTHE SUPPLYING OF THE SERVICES AGAIN; OR (II) to which a claim pertainsTHE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL 2.1 THE SOFTWARE AND ANY RELATED SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER AND VENDOR MAKES NO WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, REGARDING AS TO ANY SOFTWARE OR SERVICES PROVIDED UNDER THIS AGREEMENT, OR ANY MATTER WHATSOEVER. THE PROFESSIONAL SERVICESPARTIES DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION . 2.2 EXCEPT WITH REGARD TO CLAIMS BASED UPON CUSTOMER’S BREACH OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG SECTION 1.2, NEITHER PARTY WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGESDAMAGES (INCLUDING FOR LOSS OF PROFITS, UNDER ANY CIRCUMSTANCESSAVINGS, INCLUDINGREVENUE, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED DAMAGED OR LOST FILES OR DATA, OR BUSINESS INTERRUPTION) IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION OR CHARACTERIZATION OF THE DAMAGES, EVEN IF THE PARTY SOUGHT TO BE HELD LIABLE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. VENDOR WILL NOT BE LIABLE FOR ANY DAMAGES FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY LIABILITY TO CUSTOMER RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION OR CHARACTERIZATION OF THE DAMAGES. 2.3 CUSTOMER ACKNOWLEDGES THAT THE PROVISIONS FOR LIMITATION OF LIABILITY DESCRIBED IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND THAT VENDOR WOULD NOT BE WILLING TO ENTER THIS PRODUCT EVALUATION AGREEMENT WITHOUT THEM. THEREFORE, CUSTOMER AGREES TO THIS ALLOCATION OF RISK AND HEREBY WAIVES ANY RIGHT, THROUGH EQUITABLE RELIEF OR OTHERWISE, TO SUBSEQUENTLY SEEK A MODIFICATION OF ANY DATA, EVEN IF CLIENT THESE PROVISIONS OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSRISK. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINTHE SERVICES MAY CONTAIN OR COMPANY MAY PROVIDE TO YOU THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING, OR YOU MAY OBTAIN THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING FROM THIRD PARTIES DIRECTLY, ("THIRD PARTY COMPONENTS"). THE SERVICES, ALL SERVICES TO BE PROVIDED BY FLG THIRD PARTY COMPONENTS AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ALL BETA SOFTWARE ARE PROVIDED “"AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT ," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTFULLEST EXTENT PERMITTED BY LAW, WITHOUT WHICH FLG WOULD NOT HAVE AGREED WARRANTY OF ANY KIND. COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, THE THIRD PARTY PRODUCTS AND ALL BETA SOFTWARE, INCLUDING ANY, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT AND INFRINGEMENTTITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SERVICES. COMPANY DOES NOT WARRANT THAT THE SERVICES, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT YOUR INSTALLATION, USE AND ACCESS OF THE SERVICES, THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER, SOFTWARE AND THE LOSS OF BACKED-UP DATA THAT RESULTS FROM THE USE THEREOF. NO REPRESENTATION ORAL OR OTHER AFFIRMATION WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY SHALL CREATE ANY ADDITIONAL COMPANY WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF FACT REGARDING COMPANY’S OBLIGATIONS HEREUNDER. YOU HEREBY WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST COMPANY AND ITS AFFILIATES, SUPPLIERS AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICES, THIRD PARTY COMPONENTS AND BETA SOFTWARE. THE SERVICES PROVIDED HEREUNDER MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEB SITES, COMPUTERS, OR NETWORKS. COMPANY SHALL NOT BE DEEMED A WARRANTY RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR CONDUCT, YOUR DATA, AND YOUR BACKED-UP DATA RELATED TO THE SERVICES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, SUPPLIERS AND LICENSORS HARMLESS FROM AND AGAINST ANY PURPOSE AND ALL LOSS, COST, DAMAGE, LIABILITY AND EXPENSE (INCLUDING ATTORNEYS' FEES, EXPERT FEES AND OUT-OF-POCKET EXPENSES) ARISING OUT OF, RESULTING FROM, OR GIVE RISE IN CONNECTION WITH YOUR BREACH OF THESE TERMS, YOUR USE OF THE SERVICES, OR YOUR BACKED-UP DATA. TO ANY LIABILITY OF FLG WHATSOEVER. THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLG COMPANY OR ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST TO PROCURE SUBSTITUTE SERVICES OR DATA, OR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL ANY OTHER DAMAGES, UNDER ANY CIRCUMSTANCESINCLUDING DAMAGES FOR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE , LOSS OF DATA AND BACKED-UP DATA, BUSINESS INTERRUPTION, OR SAVINGS; WAIVER BY CLIENTLOST REVENUES, WHETHER INADVERTENT ARISING OUT OF YOUR USE OR INTENTIONALINABILITY TO USE THE SERVICES, THIRD PARTY COMPONENTS, OR BETA SOFTWARE, OR YOUR USE OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; DATA OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATAFILES STORED THEREIN, EVEN IF CLIENT OR FLG HAVE COMPANY HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF ABOUT THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY TORT (INCLUDING NEGLIGENCE OR OTHERWISE)). IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF COMPANY AND ITS AFFILIATES, SUPPLIERS AND LICENSORS FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL NOT EXCEED AN AMOUNT EQUAL BE LIMITED TO THE LAST TWO (2) MONTHS OF LICENSE FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS YOU TO COMPANY IN THE ALLOCATION TWELVE (12) CALENDAR MONTHS PRIOR TO THE DAMAGES ARISING. IF THE SERVICES ARE PROVIDED TO YOU WITHOUT CHARGE, THEN COMPANY SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF RISK SET FORTH IN DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES. YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITYIS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE SERVICES. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery Some jurisdictions do not allow the exclusion of any amount by Client against FLGincidental or consequential damages, Client shall give FLG written notice or the limitation on how long an implied warranty lasts, so some of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity foregoing terms may not apply to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsyou.

Disclaimers and Limitation of Liability. EXCEPT ARTUR IMAGES PROVIDES YOU WITH THE SITE AND CONTENT ON AN »AS EXPRESSLY SET FORTH HEREINIS« AND »AS AVAILABLE« BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU UNDERSTAND AND AGREE THAT THE USE OF THE CONTENT IS AT YOUR SOLE RISK. ARTUR IMAGES MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT, INCLUDING PRODUCTS, SERVICES AND SOFTWARE AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE), INCLUDING WITHOUT LIMITATION, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR PURPOSES OF THIS PARAGRAPH 6ANY PAR- TICULAR PURPOSE. FURTHER, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY ARTUR IMAGES MAKES NO REPRESENTATION, WARRANTY WHATSOEVER. CLIENT RECOGNIZES OR GUARANTEE THAT THE “AS IS” CLAUSE OF CONTENT (INCLUDING PROD- UCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS. EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER ARTUR IMAGES NOR ANY ARTUR IMAGES SUBSIDIARY, SUC- CESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT SOURCE, LICENSOR OR LICEN- SEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS AGREEMENT, CONTENT OR THIS SITE, AND YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT WHICH FLG WOULD NOT HAVE AGREED LIMITATION, YOUR USE OR INABILITY TO ENTER INTO USE THE CONTENT OR THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONSSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENTPURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. NO REPRESENTATION ARTUR IMAGES, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY INCIDENTALKIND ARISING OUT OF OR RELATING TO THE USE OF, INDIRECTOR THE INABILITY TO USE, EXEMPLARYTHE SITE OR ANY CONTENT (INCLUDING PRODUCTS, SPECIALSERVICES AND SOFTWARE) PROVIDED THEREIN, PUNITIVE OR CONSEQUENTIAL DAMAGESARISING OUT OF OR RELATING TO THE USE OF ANY SITE LINKED HERETO AND/OR EVENTS BEYOND THE REASONABLE CONTROL OF ARTUR IMAGES, UNDER ANY CIRCUMSTANCESINCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD PARTY SITES AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO: , ANY LOST PROFITS; REVENUE , LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR SAVINGS; WAIVER CONSEQUENTIAL DAMAGE, EVEN IF ARTUR IMAGES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY CLIENTANOTHER PARTY. ALTHOUGH ARTUR IMAGES TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, WHETHER INADVERTENT THERE IS NO GUARANTEE, AND ARTUR IMAGES MAKES NO REPRESENTATION OR INTENTIONALWARRANTY, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO FLG; OR FROM OR STORED ON THE LOSSSITE, THEFTOR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. ARTUR IMAGES ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR USEOTHER USE OF PERSONAL OR CONFIDENTIAL INFORMA- TION PROVIDED BY YOU TO ARTUR IMAGES, AUTHORIZED UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND ARTUR IMAGES. ARTUR IMAGES, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABIL- ITY FOR ANY DAMAGE OR OTHERWISE, LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATIONGROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ) SHALL NOT EXCEED AN AMOUNT EQUAL BE LIMITED TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION AMOUNT, IF ANY, PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITYYOU TO ARTUR IMAGES IMMEDIATELY Notification of Copyright Infringement ARTUR IMAGES may terminate the accounts of users who infringe the intellectual property rights of others. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As If you believe that your work has been used or copied in a condition way that constitutes copyright infringement and such infringement is occurring on the Site, send ARTUR IMAGES’ copyright agent a notice containing: (I) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (II) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (III) a description of where the material that you claim is infringing is located on the Site; (IV) information sufficient to permit ARTUR IMAGES to contact you, such as your physical address, phone number, and email address; (V) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (VI) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. ARTUR IMAGES’ copyright agent for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days claims of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.copyright infringement can be reached as follows:

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY 8.1 THE WARRANTIES, IF ANY, SET FORTH HEREININ THE ATTACHMENTS ARE IN LIEU OF, ALL SERVICES AND WE, OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO BE PROVIDED THE MAXIMUM EXTENT PERMITTED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6LAW, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL OR STATUTORYWRITTEN, REGARDING THE PROFESSIONAL SERVICESINCLUDING, INCLUDING ANYWITHOUT LIMITATION, (i) ANY WARRANTY THAT LICENSED MATERIALS OR SERVICES ARE ERROR-FREE, SECURE, ACCURATE OR RELIABLE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED OR WILL COMPLY WITH ANY LAW, RULE OR REGULATION (ii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLEQUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND INFRINGEMENTNON-INFRINGEMENT AND (iii) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO REPRESENTATION ADVICE, STATEMENT OR INFORMATION GIVEN BY US, OUR AFFILIATES, OUR GROUP, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS HAVE NOT BEEN PREPARED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS DESCRIBED IN THE DOCUMENTATION MEET YOUR REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER AFFIRMATION OF FACT REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY TO ACHIEVE YOUR INTENDED RESULTS. . 8.2 You assume sole responsibility and liability for any users’ compliance with the terms and conditions of the Agreement. We shall have no liability for any claims, losses or damages arising out of or in connection with Your or any of Your users’ use of the Licensed Materials, any third-party products, services, software or web sites that are accessed via links from within the Services. 8.3 Nothing in the Agreement shall in any way exclude or limit Our liability for death or personal injury caused by negligence, or liability for fraudulent misrepresentation, or for any other liability which by law it is not possible to exclude or limit. 8.4 Our liability for the loss or damage to tangible property whether or not the same are under warranty shall be limited in accordance with clause 8.5 below. 8.5 SUBJECT TO CLAUSES 8.1, 8.2, 8.3 and 8.6 OUR TOTAL LIABILITY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER DIRECT LOSSES IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY BREACH OF STATUTORY DUTY OR OTHERWISEOTHERWISE IN CONNECTION WITH THE AGREEMENT OR THE PROVISION OF THE LICENSED MATERIALS, SUPPORT, HARDWARE AND/OR ANY SERVICES FOR ANY AND ALL EVENTS AND/OR CLAIMS ARISING IN ANY YEAR SHALL NOT EXCEED AN AMOUNT EQUAL BE LIMITED TO THE LAST TWO TOTAL CHARGES AND RESULTING SUMS PAID (2EXCLUDING VAT AND EXPENSES) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) YOU TO US IN THAT YEAR; FOR THE PURPOSES OF THIS CLAUSE, “YEAR” SHALL MEAN A PERIOD OF 12 MONTHS (OR SHORTER PERIOD IN THE PERIOD IMMEDIATELY PRIOR TO TERMINATION OF THE AGREEMENT. CLIENT ACKNOWLEDGES THAT ) COMMENCING ON THE COMPENSATION PAID BY IT UNDER EFFECTIVE DATE OF THIS MASTER AGREEMENT REFLECTS THE ALLOCATION OR ANY ANNIVERSARY OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSSUCH EFFECTIVE DATE. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY 7.1. THE WARRANTIES, IF ANY, SET FORTH HEREININ THE ATTACHMENTS ARE IN LIEU OF, ALL SERVICES AND WE, OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO BE PROVIDED THE MAXIMUM EXTENT PERMITTED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6LAW, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL OR STATUTORYWRITTEN, REGARDING THE PROFESSIONAL SERVICESINCLUDING, INCLUDING ANYWITHOUT LIMITATION, (i) ANY WARRANTY THAT LICENSED MATERIALS OR SERVICES ARE ERROR-FREE, SECURE, ACCURATE OR RELIABLE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED OR WILL COMPLY WITH ANY LAW, RULE OR REGULATION (ii) ANY AND ALL IMPLIED WARRANTIES OF QUALITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND INFRINGEMENTNON-INFRINGEMENT AND (iii) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO REPRESENTATION ADVICE, STATEMENT OR INFORMATION GIVEN BY US, OUR AFFILIATES, OUR GROUP, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS HAVE NOT BEEN PREPARED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS DESCRIBED IN THE DOCUMENTATION MEET YOUR REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER AFFIRMATION OF FACT REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY TO ACHIEVE YOUR INTENDED RESULTS. 7.2. You assume sole responsibility and liability for any users’ compliance with the terms and conditions of the Agreement. We shall have no liability for any claims, losses or damages arising out of or in connection with Your or any of Your users’ use of the Licensed Materials, any third-party products, services, software or web sites that are accessed via links from within the Services. 7.3. Nothing in the Agreement shall in any way exclude or limit Our liability for any head(s) of loss which by law it is not possible to exclude or limit. 7.4. Our liability for the loss or damage to tangible property whether or not the same are under warranty shall be limited in accordance with clause 7.5 below. 7.5. SUBJECT TO CLAUSES 7.1, 7.2, 7.3 AND 7.6, OUR TOTAL LIABILITY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER DIRECT LOSSES IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY BREACH OF STATUTORY DUTY OR OTHERWISEOTHERWISE IN CONNECTION WITH THE AGREEMENT OR THE PROVISION OF THE LICENSED MATERIALS, SUPPORT, HARDWARE AND/OR ANY SERVICES FOR ANY AND ALL EVENTS AND/OR CLAIMS ARISING IN ANY YEAR SHALL NOT EXCEED AN AMOUNT EQUAL BE LIMITED TO THE LAST TWO TOTAL CHARGES AND RESULTING SUMS PAID (2EXCLUDING ALL APPLICABLE TAXES AND EXPENSES) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) YOU TO US IN THAT YEAR; FOR THE PURPOSES OF THIS CLAUSE, “YEAR” SHALL MEAN A PERIOD OF 12 MONTHS (OR SHORTER PERIOD IN THE PERIOD IMMEDIATELY PRIOR TO TERMINATION OF THE AGREEMENT. CLIENT ACKNOWLEDGES THAT ) COMMENCING ON THE COMPENSATION PAID BY IT UNDER EFFECTIVE DATE OF THIS MASTER AGREEMENT REFLECTS THE ALLOCATION OR ANY ANNIVERSARY OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSSUCH EFFECTIVE DATE. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINA. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS MSLA, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIEDORDERING DOCUMENT, OR STATUTORYANY DOCUMENTATION, REGARDING AND TO THE PROFESSIONAL SERVICESEXTENT NOT PROHIBITED BY APPLICABLE LAW, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG NEITHER PARTY WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARYINCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: INCLUDING DAMAGES FOR LOST PROFITS; REVENUE PROFITS OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, LOSS OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION DATA OR USE, AUTHORIZED INCURRED BY THE OTHER PARTY OR OTHERWISEANY THIRD PARTY IN CONNECTION WITH THIS MSLA, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEWORDERING DOCUMENT, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDERANY DOCUMENTATION, WHETHER IN AN ACTION IN CONTRACT, TORT, TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION), STRICT LIABILITY OR OTHERWISE, SHALL EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DELINEA WILL NOT EXCEED AN AMOUNT EQUAL BE LIABLE FOR CUSTOMER’S PROCUREMENT OF, OR AMOUNTS PAYABLE FOR, SUBSTITUTE SOLUTIONS, SUPPORT SERVICES, OR PROFESSIONAL SERVICES. B. NOTWITHSTANDING ANYTHING TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH CONTRARY IN THIS AGREEMENT MSLA, ANY ORDERING DOCUMENT, OR ANY DOCUMENTATION, AND THAT FLG WOULD TO THE EXTENT NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY PROHIBITED BY APPLICABLE LAW, EXCEPT FOR DELINEA’S indemnity obligations FOR INFRINGEMENT CLAIMS, customer’s indemnity obligations AND customer’s payment obligations hereunder, each party’s cumulative aggregate liability HEREUNDER is LIMITED TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery the amount of any amount fees actually paid by Client against FLG, Client shall give FLG written notice of customer to delinea during the alleged basis for liability within ninety TWELVE (9012) days of discovering month PERIOD immediately preceding the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsliability first arose. C. THE PARTIES AGREE THAT THE LIMITATIONS SET OUT IN THIS SECTION 14 WILL APPLY EVEN IF THESE TERMS OR ANY ORDERING DOCUMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disclaimers and Limitation of Liability. 10.1 NOTWITHSTANDING SECTION 5.8, NOTHING IN THIS AGREEMENT (EXCEPT AS EXPRESSLY TO THE LIMITED EXTENT SET FORTH HEREININ SECTION 9.2) SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY EITHER PARTY OR ITS SUPPLIERS THAT THE USE OF ANY INFORMATION, ALL SERVICES TO BE DATA, OR OTHER MATERIALS PROVIDED HEREUNDER WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OF ANY THIRD PARTY. THE INFORMATION, DATA, OR OTHER MATERIALS PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) EITHER PARTY HEREUNDER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY WARRANTY KIND WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING INCLUDING THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENTPURPOSE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING NEITHER PARTY MAKES ANY WARRANTY THAT THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR DELIVERABLES DO NOT CONTAIN ERRORS OR, IF APPLICABLE, THAT ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. ASSEMBLED ORGANISM DOES NOT CONTAIN GAPS. 10.2 IN NO EVENT SHALL FLG EITHER PARTY OR THEIR AFFILIATES BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL DAMAGESINCIDENTAL DAMAGES OF ANY NATURE WHATSOEVER, HOWEVER CAUSED AND UNDER ANY CIRCUMSTANCESTHEORY OF LIABILITY WHETHER BASED IN CONTRACT, INCLUDINGWARRANTY, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENTTORT (INCLUDING WITHOUT LIMITATION, WHETHER INADVERTENT OR INTENTIONALNEGLIGENCE), OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSSSTRICT LIABILITY, THEFTSTATUTORY, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, ARISING OUT OF ANY DATA, OR IN CONNECTION WITH THIS AGREEMENT EVEN IF CLIENT OR FLG HAVE THE OTHER PARTY HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN OF SUCH DAMAGES. 10.3 THE LIABILITY OF THE PARTIES, THEIR RESPECTIVE AGENTS, EMPLOYEES, SUBCONTRACTORS, AND SUPPLIERS WITH RESPECT TO ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, COSTS, AND EXPENSES ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDERAGREEMENT, WHETHER IN BASED ON CONTRACT, TORTWARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, MISREPRESENTATION), STRICT LIABILITY LIABILITY, STATUTORY, OR OTHERWISE, SHALL BE LIMITED TO (a) DIRECT, ACTUAL DAMAGES INCURRED AS A RESULT OF ITS FAILURE TO PERFORM ITS OBLIGATIONS AS REQUIRED BY THIS AGREEMENT, AND (b) EXCEPT IN RESPECT TO THE PAYMENTS SET FORTH IN EXHIBIT C, SHALL NOT EXCEED AN AMOUNT IN THE AGGREGATE A SUM EQUAL TO TWO MILLION DOLLARS. 10.4 NOTWITHSTANDING ANYTHING TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES CONTRARY CONTAINED HEREIN, THE PARTIES RECOGNIZE THAT THE COMPENSATION PAID BY IT ANY JOINT TECHNOLOGY DISCOVERED, CREATED, OR DEVELOPED UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT MAY BE SUBJECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSTHIRD PARTY’S PRIOR INTELLECTUAL PROPERTY RIGHTS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT 1. Disclaimer of Liability NEITHER CJ ENM Co., LTD., ITS BRANDS, AFFILIATES, SUBSIDIARIES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES NOR CONTRACTORS (INCLUDING ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE OR THEIR CONTENT) SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR (I) ANY IMPROPER OR INCORRECT USE OF THE INFORMATION DESCRIBED AND/OR CONTAINED HEREIN OR (II) ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE WEBSITE, EVEN IF CJ ENM Co., LTD., ITS BRANDS, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES OR CONTRACTORS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, DAMAGES, LIABILITY OR INJURIES, INCLUDING, WITHOUT LIMITATION, CLAIMS IN WARRANTY, CONTRACT AND TORT (SUCH AS EXPRESSLY SET FORTH HEREINNEGLIGENCE, ALL SERVICES PRODUCT LIABILITY AND STRICT LIABILITY). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO BE YOU. WITHOUT LIMITING THE FOREGOING, THE WEBSITE, INCLUDING THE CONTENT PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6ON THE WEBSITE, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTKIND, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EITHER EXPRESSED OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORYINCLUDING BUT NOT LIMITED TO, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEWPURPOSE, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSNON-INFRINGEMENT. A. As a condition 2. Disclaimer of Accuracy of Content CJENM Co., LTD. makes no warranties or representations as to the accuracy, completeness or timeliness of the content provided on the Website. CJENM Co., LTD. assumes no liability or responsibility for recovery any errors or omissions on the Website. No warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any amount by Client against FLG, Client shall give FLG written notice content. This disclaimer applies to both isolated and aggregate uses of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainscontent.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF; PROVIDED, HOWEVER, NOTHING CONTAINED HEREIN SHALL RELIEVE FLG OR ITS MEMBER PERFORMING SERVICES FOR CLIENT FROM ANY LIABILITY OR RESPONSIBILITY FOR ITS GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty ninety (6090) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS (a) YOU EXPRESSLY SET FORTH HEREINUNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE THAT THE SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE AND “AS ISAVAILABLE” CLAUSE WITH ALL FAULTS AND WITHOUT WARRANTIES OF THIS AGREEMENT IS AN IMPORTANT ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND/OR THE SERVICES AS A WHOLE, AND ANY PART OF THE BASIS OF THIS AGREEMENTEACH (INCLUDING, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESLIMITATION, TERMS THE SITE OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICESANY EXTERNAL WEBSITES), INCLUDING ANY, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND INFRINGEMENT. NO REPRESENTATION LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (ii) YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (iii) USAGE DATA PROVIDED THROUGH THE SITE WILL BE ACCURATE, (iv) THE SITE OR ANY CONTENT OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER AFFIRMATION HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF FACT REGARDING IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. (b) YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PURPOSE BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFUL MISCONDUCT. (c) YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARYINCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESEXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY CIRCUMSTANCESTHEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR SAVINGS; WAIVER BY CLIENTINDIRECTLY), WHETHER INADVERTENT LOSS OF GOODWILL OR INTENTIONALBUSINESS REPUTATION, LOSS OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE DATA, COST OF LEGALLY PRIVILEGED INFORMATION TO FLG; PROCUREMENT OF SUBSTITUTE GOODS OR THE SERVICES, OR ANY OTHER INTANGIBLE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN OF SUCH DAMAGES. (d) YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDERSITE, WHETHER IN CONTRACT, TORT, NEGLIGENCESTRICT LIABILITY, MISREPRESENTATIONOR ANY OTHER LEGAL THEORY, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL IS LIMITED TO THE LAST TWO GREATER OF (2a) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION AMOUNTS YOU ACTUALLY PAID BY IT US UNDER THIS AGREEMENT REFLECTS IN THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (b) $500. (e) YOU ACKNOWLEDGE AND AGREE THAT FLG WOULD NOT ENTER WE HAVE MADE THE SITE AVAILABLE TO YOU AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON YOUR REPRESENTATIONS AND WARRANTIES, THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSLIMITATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINTHE COMPANY MAY USE THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, SERVICES, OR PROGRAMMING, OR CUSTOMER MAY OBTAIN THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING FROM THIRD PARTIES DIRECTLY, ("THIRD PARTY COMPONENTS"). THE THIRD-PARTY SERVICES, ALL SERVICES TO BE PROVIDED BY FLG THIRD-PARTY COMPONENTS AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ALL BETA SOFTWARE ARE PROVIDED “"AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT ," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTFULLEST EXTENT PERMITTED BY LAW, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENTWARRANTY OF ANY KIND BY THE COMPANY. FLG EXPRESSLY COMPANY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING WARRANTIES WITH RESPECT TO THE PROFESSIONAL THIRD-PARTY SERVICES, THE THIRD-PARTY PRODUCTS, THIRD PARTY COMPONENTS, AND ALL BETA SOFTWARE, INCLUDING ANY, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT AND INFRINGEMENTTITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA, AND PERFORMANCE OF THE THIRD-PARTY SERVICES. COMPANY DOES NOT WARRANT THAT THE THIRD-PARTY SERVICES, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE OPERATION OF THE THIRD-PARTY SERVICES, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE THIRD-PARTY SERVICES, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT CUSTOMER’S INSTALLATION, USE, AND ACCESS OF THE THIRD-PARTY SERVICES, THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE IS AT CUSTOMER’S SOLE DISCRETION AND RISK AND THAT COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES TO CUSTOMER’S COMPUTER, SOFTWARE, AND THE LOSS OF BACKED-UP DATA THAT RESULTS FROM THE USE THEREOF. ADDITIONALLY, THIRD PARTY DATA CENTERS MAY SHUT THEIR SYSTEMS DOWN OR GO OFFLINE WITHOUT WARNING TO COMPANY OR CUSTOMER, CUSTOMER AGREES THAT COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEES AS TO THE THIRD-PARTY DATA CENTERS. CUSTOMER AGREES THAT THE COMPANY SHALL HAVE NO LIABILITY FOR THE SERVICES OF THE THIRD-PARTY DATA CENTER WHATSOEVER. FURTHER, CUSTOMER AGREES TO RELEASE COMPANY FROM ANY AND ALL CLAIMS ARISING FROM THE SERVICE OF THE THIRD-PARTY DATA CENTER. NO REPRESENTATION ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY SHALL CREATE ANY ADDITIONAL COMPANY WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF COMPANY’S OBLIGATIONS HEREUNDER. CUSTOMER HEREBY WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT CUSTOMER MAY HAVE AGAINST COMPANY AND ITS AFFILIATES ARISING OUT OF CUSTOMER’S USE OF THE THIRD-PARTY SERVICES, THIRD PARTY COMPONENTS AND BETA SOFTWARE. THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. CUSTOMER ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER AFFIRMATION UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE CUSTOMER’S DATA, WEB SITES, COMPUTERS, OR NETWORKS. COMPANY SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. CUSTOMER IS SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF FACT REGARDING CUSTOMER’S DATA AND SYSTEMS. CUSTOMER IS SOLELY RESPONSIBLE AND LIABLE FOR CUSTOMER’S CONDUCT, DATA, BACKED-UP DATA, AND THIRD- PARTY VENDORS, SOFTWARE HARDWARE OR THIRD-PARTY SERVICES RELATED TO THE SERVICES PROVIDED HEREUNDER BY COMPANY. COMPANY SHALL BE DEEMED A WARRANTY REMAIN RESPONSIBLE FOR THE SERVERS AND UPTIME. CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD COMPANY, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, SUPPLIERS AND LICENSORS HARMLESS FROM AND AGAINST ANY PURPOSE AND ALL LOSS, COST, DAMAGE, LIABILITY AND EXPENSE (INCLUDING ATTORNEYS' FEES, EXPERT FEES AND OUT-OF-POCKET EXPENSES) ARISING OUT OF, RESULTING FROM, OR GIVE RISE IN CONNECTION WITH YOUR BREACH OF THESE TERMS. TO ANY LIABILITY OF FLG WHATSOEVER. THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLG COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL EXEMPLARY DAMAGES, UNDER ANY CIRCUMSTANCESINCLUDING DAMAGES FOR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE , LOSS OF DATA AND BACKED-UP DATA, BUSINESS INTERRUPTION, OR SAVINGS; WAIVER BY CLIENTLOST REVENUES, WHETHER INADVERTENT ARISING OUT OF YOUR USE OR INTENTIONAL, INABILITY TO USE THE COMPANY SERVICES OR YOUR USE OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; DATA OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATAFILES STORED THEREIN, EVEN IF CLIENT OR FLG HAVE COMPANY HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF ABOUT THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY TORT (INCLUDING NEGLIGENCE OR OTHERWISE)). IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF COMPANY AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL NOT EXCEED AN AMOUNT EQUAL BE LIMITED TO THE LAST TWO (2) MONTHS OF LICENSE FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS YOU TO COMPANY IN THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.TWELVE

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL We make no representations or warranties. THE SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED ON AN “AS IS” WITHOUT ANY WARRANTY WHATSOEVERAND “AS AVAILABLE” BASIS. CLIENT RECOGNIZES THAT WE AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, METAMORPHO OWNERS, METAMORPHO GUARDIANS, METAMORPHO ALLOCATORS, AND METAMORPHO CURATORS (COLLECTIVELY, THE “AS IS” CLAUSE ADDMO INDEMNIFIED PARTIES”) MAKE NO GUARANTEES OF THIS AGREEMENT IS AN IMPORTANT PART OF ANY KIND IN CONNECTION WITH THE BASIS OF THIS AGREEMENTSERVICES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS THE ADDMO INDEMNIFIED PARTIES DISCLAIM ALL OTHER WARRANTIES, TERMS OR WARRANTIES AND CONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON-INFRINGEMENT AND INFRINGEMENTDISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: ● THE SERVICES BEING ACCURATE, COMPLETE, CURRENT, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO REPRESENTATION INFORMATION (INCLUDING, WITHOUT LIMITATION, THE VALUE OR OUTCOME OF ANY TRANSACTION) AVAILABLE THROUGH THE SERVICE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS. ANY RELIANCE ON THE SERVICES IS AT YOUR OWN RISK. ● INJURY OR DAMAGE RESULTING FROM THE SERVICES. FOR EXAMPLE, YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE SERVICES MAY CONTAIN AUDIO-VISUAL EFFECTS, STROBE LIGHTS OR OTHER AFFIRMATION MATERIALS THAT MAY AFFECT YOUR PHYSICAL SENSES AND/OR PHYSICAL CONDITION. FURTHER, YOU EXPRESSLY ACKNOWLEDGE THAT THE ADDMO INDEMNIFIED PARTIES ARE NOT RESPONSIBLE FOR LOSS OR DAMAGE CAUSED BY ANOTHER USER’S CONDUCT, UNAUTHORIZED ACTORS, OR ANY UNAUTHORIZED ACCESS TO OR USE OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL SERVICES. ● VIRUSES, WORMS, TROJAN HORSES, TIME BOMBS, CANCEL BOTS, SPIDERS, MALWARE OR OTHER TYPE OF MALICIOUS CODE THAT MAY BE DEEMED A WARRANTY USED IN ANY WAY TO AFFECT THE FUNCTIONALITY OR OPERATION OF THE SERVICES. PROTOCOL, BE LIABLE TO YOU FOR ANY PURPOSE LOSS, DAMAGE, OR GIVE RISE TO INJURY OF ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR KIND INCLUDING ANY INCIDENTALDIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, SPECIALCONSEQUENTIAL, OR PUNITIVE LOSSES OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCESOR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, INCLUDINGDATA, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED BUSINESS OR OTHERWISEGOOD-WILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner ofCONNECTION WITH: (iA) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.THE SERVICES OR YOUR INABILITY TO USE OR ACCESS THE SERVICES;

Disclaimers and Limitation of Liability. 10.1 NOTWITHSTANDING SECTION 5.8, NOTHING IN THIS AGREEMENT (EXCEPT AS EXPRESSLY TO THE LIMITED EXTENT SET FORTH HEREININ SECTION 9.2) SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY EITHER PARTY OR ITS SUPPLIERS THAT THE USE OF ANY INFORMATION, ALL SERVICES TO BE DATA, OR OTHER MATERIALS PROVIDED HEREUNDER WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OF ANY THIRD PARTY. THE INFORMATION, DATA, OR OTHER MATERIALS PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) EITHER PARTY HEREUNDER ARE PROVIDED “"AS IS” " WITHOUT WARRANTY OF ANY WARRANTY KIND WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING INCLUDING THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENTPURPOSE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING NEITHER PARTY MAKES ANY WARRANTY THAT THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR DELIVERABLES DO NOT CONTAIN ERRORS OR, IF APPLICABLE, THAT ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. ASSEMBLED ORGANISM DOES NOT CONTAIN GAPS. 10.2 IN NO EVENT SHALL FLG EITHER PARTY OR THEIR AFFILIATES BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL DAMAGESINCIDENTAL DAMAGES OF ANY NATURE WHATSOEVER, HOWEVER CAUSED AND UNDER ANY CIRCUMSTANCESTHEORY OF LIABILITY WHETHER BASED IN CONTRACT, INCLUDINGWARRANTY, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENTTORT (INCLUDING WITHOUT LIMITATION, WHETHER INADVERTENT OR INTENTIONALNEGLIGENCE), OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSSSTRICT LIABILITY, THEFTSTATUTORY, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, ARISING OUT OF ANY DATA, OR IN CONNECTION WITH THIS AGREEMENT EVEN IF CLIENT OR FLG HAVE THE OTHER PARTY HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN OF SUCH DAMAGES. 10.3 THE LIABILITY OF THE PARTIES, THEIR RESPECTIVE AGENTS, EMPLOYEES, SUBCONTRACTORS, AND SUPPLIERS WITH RESPECT TO ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, COSTS, AND EXPENSES ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDERAGREEMENT, WHETHER IN BASED ON CONTRACT, TORTWARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, MISREPRESENTATION), STRICT LIABILITY LIABILITY, STATUTORY, OR OTHERWISE, SHALL BE LIMITED TO (a) DIRECT, ACTUAL DAMAGES INCURRED AS A RESULT OF ITS FAILURE TO PERFORM ITS OBLIGATIONS AS REQUIRED BY THIS AGREEMENT, AND (b) EXCEPT IN RESPECT TO THE PAYMENTS SET FORTH IN EXHIBIT C, SHALL NOT EXCEED AN AMOUNT IN THE AGGREGATE A SUM EQUAL TO TWO MILLION DOLLARS. 10.4 NOTWITHSTANDING ANYTHING TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES CONTRARY CONTAINED HEREIN, THE PARTIES RECOGNIZE THAT THE COMPENSATION PAID BY IT ANY JOINT TECHNOLOGY DISCOVERED, CREATED, OR DEVELOPED UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT MAY BE SUBJECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSTHIRD PARTY'S PRIOR INTELLECTUAL PROPERTY RIGHTS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT 14.1 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, INREWARDS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRINSIC, SPECIAL, PENAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES SUSTAINED BY YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, YOUR REGISTRATION, ANY CARD OR THE PERFORMANCE OF CARD TRANSACTIONS, REGARDLESS OF HOW SUCH LOSSES OR DAMAGES ARE CAUSED (INCLUDING AS A RESULT OF NEGLIGENT ACTS OR OMISSIONS OF INREWARDS OR OF ANY PERSON FOR WHOM INREWARDS MAY BE LIABLE IN LAW), WHETHER THEY ARISE UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE. 14.2 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, INREWARDS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES SUSTAINED BY YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, YOUR REGISTRATION, ANY CARD OR THE PERFORMANCE OF CARD TRANSACTIONS, REGARDLESS OF HOW SUCH LOSSES OR DAMAGES ARE CAUSED (INCLUDING AS A RESULT OF NEGLIGENT ACTS OR OMISSIONS OF INREWARDS OR OF ANY PERSON FOR WHOM INREWARDS MAY BE LIABLE IN LAW), WHETHER THEY ARISE UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE, IN EXCESS OF – 14.2.1 IN RELATION TO ANY CLAIM OR SERIES OF CLAIMS ARISING FROM ANY CARD AND/OR ANY CARD TRANSACTIONS, THE ISSUE OF A NEW CARD TO THE EXTENT OF ANY UNREDEEMED VALUE ON THE ORIGINAL CARD, AGAINST THE REVOCATION OF THE ORIGINAL CARD; OR 14.2.2 IN RELATION TO ANY OTHER CLAIM OR SERIES OF CLAIMS ARISING FROM THE SAME CAUSE OF ACTION, AN AMOUNT OF R100.00. 14.3 SAVE AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF IN THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED THE WEBSITE, CARDS AND THE PERFORMANCE OF CARD TRANSACTIONS ARE PROVIDED ON AN AS-IS BASIS AND, TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY THE MAXIMUM EXTENT PERMISSIBLE BY LAW, INREWARDS EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES, TERMS WHETHER EXPRESSED OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES ARISING BY OPERATION OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED LAW OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, IN RESPECT OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO WEBSITE, CARDS AND/OR THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS PERFORMANCE OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSCARD TRANSACTIONS. A. As a condition 14.4 Nothing in this clause 14 will be interpreted or construed to exclude or limit InRewards' liability for recovery death, illness or personal injury or any loss of or physical damage to property, caused to You by any amount by Client against FLGact or omission of InRewards, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client save to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG permitted by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsCPA.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety one hundred-eighty (90180) days of discovering the circumstances giving rise theretoto such claim, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety one hundred-eighty (90180) days after discovery; (ii) ninety one hundred-eighty (90180) days after the termination of this Agreement; (iii) ninety one hundred-eighty (90180) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT FACT, REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, USE OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG COUNTY IS PROVIDING THE APPLICATION AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY INFORMATION ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT THERE IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES NO WARRANTY OF MERCHANTABILITY, TITLE, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND USE, NO WARRANTY OF NON-INFRINGEMENT. , NO REPRESENTATION OR OTHER AFFIRMATION OF FACT WARRANTY REGARDING THE SERVICES PROVIDED HEREUNDER SHALL USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE APPLICATION, THE CODE, COMPUTERS OR COMPUTER SYSTEMS RELATED TO THE APPLICATION, THE COMMUNICATION OR CONNECTION TO THE APPLICATION, THAT THE APPLICATION WILL BE DEEMED A WARRANTY FOR ANY PURPOSE UNINTERRUPTED OR GIVE RISE TO ANY LIABILITY ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION IS FREE OF FLG WHATSOEVERHARMFUL CODE. SUBSCRIBER fully understands and agrees that (i) the Application is subject to errors, omissions, delays or interruptions; and (ii) COUNTY may modify or change the Application or Information in a manner that may impact or restrict SUBSCRIBER ’s access. In any such event, the COUNTY will not be liable for the cost of such changes or damages which may be sustained by SUBSCRIBER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS OR THE CORRECT SEQUENCING OF THE INFORMATION OR THAT DEFECTS WILL BE CORRECTED. SUBSCRIBER fully understands and agrees that, except for COUNTY’s proprietary documents (i) the Information is provided by third-parties; (ii) COUNTY merely records and stores the Information; and (iii) COUNTY is not responsible for the content of the Information. SUBSCRIBER fully understands and agrees that the Information is subject to errors, omissions, delay or interruptions, including but not limited to (i) delays, errors or omissions in the receipt of the Information, (ii) changes, adjustments, corrections or modifications of the Information and (iii) that COUNTY may make modifications, changes and/ or adjustments to the Information at any time and without notice to SUBSCRIBER. IN NO EVENT SHALL FLG COUNTY BE LIABLE FOR ANY INCIDENTALACTUAL, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE INCIDENTAL, CONSEQUENTIAL DAMAGES OR CONSEQUENTIAL DAMAGESLOSS OF PROFIT, UNDER LOSS OF BUSINESS OR ANY CIRCUMSTANCESOTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN IF THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. COUNTY’S SOLE LIABILITY AND SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RELATED TO THIS AGREEMENT OR FOR ANY BREACH OF THIS AGREEMENT, INCLUDING, INCLUDING BUT NOT LIMITED TO: LOST PROFITS; REVENUE TO LIABILITY FOR APPLICATION OR SAVINGS; WAIVER BY CLIENTINFORMATION NONPERFORMANCE, WHETHER INADVERTENT ERRORS OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISEOMISSIONS, SHALL NOT EXCEED AN AMOUNT EQUAL BE LIMITED TO RESTORING OR CORRECTING THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT APPLICATION OR INFORMATION AS IS REASONABLY POSSIBLE UNDER PARAGRAPH 2(A) OF THIS AGREEMENTTHE PERTINENT CIRCUMSTANCES. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As SUBSCRIBER agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney ’s fees, resulting directly or indirectly from any act or omission of SUBSCRIBER, a condition subcontractor, anyone directly or indirectly employed by them, and/ or anyone for recovery of any amount by Client against FLG, Client shall give FLG written notice whose acts and/ or omissions they may be liable in the performance of the alleged basis for liability within ninety (90) days services required by this Agreement, and against all loss by reason of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client SUBSCRIBER to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert perform any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of obligation under this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. 4.1 EXCEPT AS EXPRESSLY OTHERWISE SET FORTH HEREINHEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES TO BE PROVIDED BY FLG CLIENT ACKNOWLEDGES AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER AGREES THAT THE PRODUCTS ARE PROVIDED ON AN “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE AND “AS ISAVAILABLE” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF BASIS. THE BASIS OF THIS AGREEMENTWARRANTIES, WITHOUT WHICH FLG WOULD NOT HAVE AGREED IF ANY, SET FORTH HEREIN AND IN THE PRODUCT ATTACHMENTS ARE LIMITED TO ENTER INTO THIS AGREEMENT. FLG THEIR EXPRESS TERMS AND ARE IN LIEU OF, AND ACTIVE, ITS LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIMS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL OR STATUTORY, REGARDING THE PROFESSIONAL SERVICESWRITTEN, INCLUDING ANYANY (a) WARRANTY THAT THE PRODUCTS ARE ERROR-FREE OR “BUG”-FREE, ACCURATE, SECURE, OR RELIABLE; (b) WARRANTY THAT THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTION; (c) WARRANTY THAT ALL ERRORS WILL BE CORRECTED OR THAT THE PRODUCTS WILL COMPLY WITH ANY LAW, RULE, OR REGULATION; (d) IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NON-INFRINGEMENT; (e) IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND INFRINGEMENT(f) WARRANTY THAT THE PRODUCTS WILL MEET CLIENT’S REQUIREMENTS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG ACTIVE WILL NOT BE LIABLE FOR INDIRECT DAMAGES OR LOSSES (IN CONTRACT, STATUTE, TORT, OR OTHERWISE), INCLUDING DAMAGES FOR LOST PROFITS, LOST SAVINGS, COST OF REPLACEMENT PRODUCTS, LOST DATA, LOSS OF USE OF INFORMATION OR PRODUCTS, OR ANY INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARY, SPECIALPUNITIVE, PUNITIVE OR CONSEQUENTIAL SPECIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT WHETHER OR NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE ACTIVE HAS PREVIOUSLY BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION ONLY APPLIES WHERE ALLOWED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACTIVE’S TOTAL AGGREGATE LIABILITY FOR ALL MATTERS ARISING FROM OR RELATED TO THIS AGREEMENT IS LIMITED TO (I)THE AMOUNT OF FEES ACTUALLY PAID BY CLIENT AS CONSIDERATION FOR THE SPECIFIC PRODUCT UNDER THE APPLICABLE SCHEDULE GIVING RISE TO SUCH CLAIMS DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH THE FIRST CAUSE OF ACTION AROSE LESS ANY AMOUNTS PAID BY ACTIVE WITH RESPECTIVE TO LIABILITIES UNDER THIS AGREEMENT, OR (II) IF NO SUCH PAYMENTS HAVE BEEN MADE OR SUCH AMOUNTS CANNOT BE CALCULATED, 10,000 U.S. DOLLARS (OR THE EQUIVALENT THERETO AS DETERMINED BY THE APPLICABLE COUNTRY’S CURRENCY), AS APPLICABLE. NOTWITHSTANDING ANYTHING IN THE ABOVE, IF CLIENT RESIDES OUTSIDE OF THE U.S., THIS DOES NOT AFFECT ACTIVE’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 4.2 TO THE EXTENT THIS AGREEMENT IS GOVERNED BY ENGLISH LAW, THE FOLLOWING APPLIES: ACTIVE IS LIABLE UNDER APPLICABLE STATUTORY PROVISIONS FOR INTENT AND GROSS NEGLIGENCE. THE SAME APPLIES TO ASSUMPTIONS OF GUARANTEES, STRICT LIABILITY, OR INJURY TO LIFE, LIMB, OR HEALTH. ACTIVE IS LIABLE FOR ANY NEGLIGENT BREACHES OF ESSENTIAL CONTRACTUAL OBLIGATIONS BY ACTIVE BUT THE AMOUNT SHALL BE LIMITED TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE TYPICALLY OCCURRING FORESEEABLE DAMAGE. ANY ADDITIONAL LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL OF ACTIVE IS EXCLUDED. 4.3 TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER EXTENT THIS AGREEMENT REFLECTS IS GOVERNED BY AUSTRALIAN LAW, THE ALLOCATION OF RISK SET FORTH FOLLOWING APPLIES: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND EXCEPT FOR ANY CONDITION OR WARRANTY, THE EXCLUSION OF WHICH COULD BE VOID OR OTHERWISE CONTRAVENE THE TRADE PRACTICES ACT 1974 (CTH) OR ANY OTHER APPLICABLE LAW (“NON EXCLUDABLE CONDITION”), ALL SOFTWARE AND SERVICES OF ACTIVE ARE PROVIDED TO CLIENT ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR ANY NON-EXCLUDABLE CONDITION OR OTHERWISE AS CONTAINED IN THIS AGREEMENT, ACTIVE EXPRESSLY DISCLAIMS ANY WARRANTY THAT FLG WOULD NOT ENTER THE USE OF ITS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SPECIFICATIONS WILL MEET CLIENT’S REQUIREMENTS. WHERE LEGISLATION IMPLIES INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A ANY NON-EXCLUDABLE CONDITION, ACTIVE’S LIABILITY FOR ANY BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner ofSUCH NON-EXCLUDABLE CONDITION WILL BE LIMITED AT ACTIVE’S SOLE DISCRETION TO ONE OR MORE OF THE FOLLOWING: (i1) ninety IN THE CASE OF GOODS, ANY ONE OR MORE OF THE FOLLOWING: (90I) days after discoveryTHE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (iiII) ninety (90) days after the termination of this AgreementTHE REPAIR OF THE GOODS; (iiiIII) ninety THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (90IV) days after the last date on which the Services were performedTHE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; or, (iv2) sixty IN THE CASE OF SERVICES: (60I) days after completion of a financial or accounting audit for the period(sTHE SUPPLYING OF THE SERVICES AGAIN; OR (II) to which a claim pertainsTHE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE THE WEBSITE IS PROVIDED BY FLG US AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED OUR WEBHOST ON AN “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE AND “AS ISAVAILABLE” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF BASIS. TO THE BASIS OF THIS AGREEMENTFULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS WE DISCLAIM ALL OTHER IMPLIED WARRANTIES, TERMS OR CONDITIONSINCLUDING BUT NOT LIMITED TO, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENTPURPOSE. NO WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY SHORES GLOBAL LLC. PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE WEBSITE WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE; OR (IV) THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF SHORES GLOBAL LLC. ARE FREE OF VIRUSES OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL BE DEEMED A WARRANTY FOR WE OR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG SHORES GLOBAL LLC PROVIDER BE LIABLE FOR ANY INCIDENTALDAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, INCLUDING BUT NOT LIMITED TO: LOST PROFITS; REVENUE TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR SAVINGS; WAIVER BY CLIENTTHAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER INADVERTENT OR INTENTIONALNOT RESULTING FROM ACTS OF GOD, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSSCOMMUNICATIONS FAILURE, THEFT, TRANSMISSION DESTRUCTION, OR USEUNAUTHORIZED ACCESS TO RECORDS, AUTHORIZED PROGRAMS, OR OTHERWISESERVICES. YOU HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. NEITHER WE NOR ANY SHORES PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE PURCHASE OF ANY DATAPRODUCT THEREFROM, EVEN IF CLIENT WE OR FLG HAVE SUCH SHORES PROVIDER HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. NOTWITHSTANDING ANYTHING UNDER NO CIRCUMSTANCES WILL SHORES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID SHORES IN THIS AGREEMENT THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL SERVICES AND TERMINATE YOUR ACCOUNT. CERTAIN STATE LAWS DO NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE ALLOW LIMITATIONS ON ITS LIABILITYIMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THIS PARAGRAPH SHALL IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSSUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE THIS SECTION DOES NOT AFFECT THE LEGAL WARRANTY PROVIDED BY FLG FOR UNDER QUÉBEC LAW. THIS WEBSITE AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY WARRANTY WHATSOEVERKIND, EITHER EXPRESS OR IMPLIED. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY CARROSSIER PROCOLOR DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE , IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS SITE. CARROSSIER PROCOLOR DOES NOT REPRESENT OR SAVINGS; WAIVER BY CLIENTWARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, WHETHER INADVERTENT COMPLETE, RELIABLE, CURRENT, OR INTENTIONALERROR-FREE. CARROSSIER PROCOLOR DOES NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE FROM TYPOGRAPHICAL ERRORS OR OMISIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. CARROSSIER PROCOLOR DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; VIRUSES OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATAOTHER HARMFUL COMPONENTS, EVEN IF CLIENT CARROSSIER PROCOLOR OR FLG ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) YOU EXPRESSLY AGREE THAT USE OF THIS AGREEMENTWEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSES FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITYCarrossier ProColor uses reasonable commercial efforts to ensure that the information contained on this website is accurate but does not in any way guarantee the currency, accuracy, completeness, non-infringement or authenticity of such information. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition All information contained on this website, including all stock price information, is provided for recovery informational purposes only, and is not intended for trading or other purposes. Carrossier ProColor assumes no responsibility with respect to the accuracy or completeness of any amount by Client against FLGsuch information and is not liable or responsible in any way for any delays, Client shall give FLG written notice inaccuracies or errors in any such information or in the transmission of any such information. Carrossier ProColor, its subsidiaries, affiliates, contractors, agents and/or employees make no guarantees or warranties (whether express or implied) about this website or its contents including, without limitation, that the use of this website will be uninterrupted, error-free, stable or suitable for all users. Without limiting the generality of the alleged basis foregoing, this includes implied warranties of merchantability, fitness for liability within ninety (90) days a particular purpose, expectation of discovering privacy, or non-infringement. IN NO EVENT WILL CARROSSIER PROCOLOR, ITS SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS WEBSITE, OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE WHETHER OR NOT CAUSED BY CARROSSIER PROCOLOR’S NEGLIGENCE AND EVEN IF UNISELECT HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. The exclusion of certain warranties and the circumstances giving rise thereto, limitation of certain liabilities are prohibited by legislation in order that FLG will have the opportunity some jurisdictions. Such legislative limitations may apply to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsyou.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINNothing in this Agreement will prejudice any statutory rights that you have that may not be waived. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this and the next sections, so the below terms may not fully apply to you. In those jurisdictions, the exclusions and limitations below apply only to the extent permitted by the applicable laws of such jurisdictions. THE SOFTWARE, INCLUDING ALL SERVICES TO BE INFORMATION, CONTENT, MATERIALS, CODE, AND SOFTWARE, ARE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED EPIC ON AN “AS IS” WITHOUT ANY WARRANTY WHATSOEVERAND “AS AVAILABLE” BASIS. CLIENT RECOGNIZES THAT EPIC AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS (THE “AS IS” CLAUSE EPIC PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTANY KIND, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICESSOFTWARE. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE EPIC PARTIES DISCLAIM ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY, IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND INFRINGEMENTNONINFRINGEMENT. NO REPRESENTATION THE EPIC PARTIES DO NOT WARRANT THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER AFFIRMATION OF FACT REGARDING HARMFUL COMPONENTS. THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING WARRANTY FOR ANY PURPOSE OR GIVE RISE DISCLAIMERS WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT. TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE EPIC PARTIES, WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, INDIRECTPUNITIVE, EXEMPLARY, SPECIAL, PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE DAMAGES ARISING OUT OF OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF CONNECTION WITH THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT FURTHER, TO THE COMPENSATION FULL EXTENT PERMITTED BY APPLICABLE LAW, THE EPIC PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $1,000 AND THE TOTAL AMOUNTS YOU HAVE PAID BY IT (IF ANY) TO EPIC UNDER THIS AGREEMENT REFLECTS DURING THE ALLOCATION TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. SEEKING DAMAGES AS LIMITED BY THIS SECTION 14 SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ACT OR OMISSION OF RISK SET FORTH IN THIS AGREEMENT THE EPIC PARTIES. THE PARTIES ACKNOWLEDGE AND AGREE THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. OF LIABILITY AND EXCLUSIONS OF POTENTIAL DAMAGES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSAGREEMENT. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, (a) Disclaimer of Warranties: ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE DATA IS PROVIDED “AS IS,” WITHOUT WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH CUSTOMER. ONEMARKETDATA, AND ITS SUPPLIERS, AND THEIR RESPECTIVE SUPPLIERS MAKE NO, AND SPECIFICALLY DISCLAIM ALL, REPRESENTATION OR WARRANTY OF ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTKIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESLIMITATION, TERMS ANY WARRANTIES OF FITNESS FOR PARTICULAR PURPOSES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES REQUIREMENTS OF MERCHANTABILITY, TITLEAND ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ANY WARRANTIES, REPRESENTATIONS OR COVENANTS THAT (I) USE OR ACCESS TO THE PRODUCT OR ANY PORTION OF IT WILL BE UNINTERRUPTED OR ERROR- FREE, OR (II) THAT DEFECTS IN THE PRODUCT OR ANY PORTION OF IT WILL BE CORRECTABLE OR CORRECTED, OR (III) THAT THE PRODUCT OR ANY PORTION OF IT IS COMPATIBLE WITH ANY PARTICULAR PURPOSE AND INFRINGEMENTCOMPUTER SOFTWARE OR PLATFORM. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE THESE DISCLAIMERS ARE IN ADDITION TO ANY LIABILITY OF FLG WHATSOEVERDISCLAIMERS CONTAINED IN THE MASTER AGREEMENT. The parties agree that no representation, warranty, promise or agreement of any of the parties’ representatives shall be binding on the parties unless it is expressly included in this Agreement. IN NO EVENT SHALL FLG BE LIABLE ONEMARKETDATA OR ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE UNAUTHORIZED MODIFICATION TO OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, MISUSE OF ANY PORTION OF THE DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, FOR ANY LIABILITY RESULTING FROM USE OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING DATA IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL A MANNER NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT INTENDED UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A0(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN(a) THE HAYSTOCK SITES, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6INCLUDING ANY CONTENT CONTAINED THEREIN, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “"AS IS” " WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTKIND, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EITHER EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORYINCLUDING, REGARDING BUT NOT LIMITED TO THE PROFESSIONAL SERVICES, INCLUDING ANYIMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. XXXXXXXX DOES NOT REPRESENT OR WARRANT THAT: (i) THE HAYSTOCK SITES OR ANY CONTENT WILL BE MADE AVAILABLE FOR SALE OR LICENSE OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE; OR (ii) THAT THE HAYSTOCK SITES OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE HAYSTOCK SITES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. You irrevocably consent to all the potential uses of your Content contemplated by this Agreement and have no right to demand any particularized compensation arising from any individual or aggregate usage. (b) YOU ASSUME ALL RESPONSIBILITY AND INFRINGEMENT. NO REPRESENTATION RISK FOR USE OF THE HAYSTOCK SITES INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. INFORMATION CONTAINED THEREIN. (c) IN NO EVENT SHALL FLG HAYSTOCK OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS OR LICENSEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESDAMAGES OR COVER WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, UNDER LOSS OF DATA, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY CIRCUMSTANCESOTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFTDAMAGE, TRANSMISSION ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE HAYSTOCK SITES, THE CONTENT OR ANY PART, USE, AUTHORIZED OR OTHERWISENONUSE THEREOF, TERMINATION OF YOUR CONTRIBUTOR ACCOUNT, OR ANY DATARIGHTS GRANTED TO YOU HEREUNDER, EVEN IF CLIENT OR FLG HAVE XXXXXXXX HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDEROF SUCH DAMAGES, WHETHER IN THE ACTION IS BASED ON CONTRACT, TORTTORT (INCLUDING NEGLIGENCE), NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO . (2d) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT HAYSTOCK’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT REFLECTS OR IN RESPECT OF THE ALLOCATION USE OR EXPLOITATION OF RISK SET FORTH ANY OR ALL PART OF THE HAYSTOCK SITES OR THE CONTENT IN THIS AGREEMENT AND ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES PAID TO YOU BY XXXXXXXX FOR THE CONTENT THAT FLG WOULD IS THE SUBJECT MATTER OF THE CLAIM IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM IS MADE, BUT IN ANY EVENT WILL NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSEXCEED ONE THOUSAND ($1,000.00) UNITED STATES DOLLARS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT 13.1 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, FLICKPAY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRINSIC, SPECIAL, PENAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES SUSTAINED BY YOU ARISING OUT OF OR IN CONNECTION WITH ANY LICENCE, YOUR REGISTRATION OR YOUR USE OF THIS WEBSITE AND/OR YOUR USE OF THE FLICKPAY APP AND/OR THE PERFORMANCE OF FLICKPAY TRANSACTIONS, REGARDLESS OF HOW SUCH LOSSES OR DAMAGES ARE CAUSED (INCLUDING AS A RESULT OF NEGLIGENT ACTS OR OMISSIONS OF FLICKPAY OR OF ANY PERSON FOR WHOM FLICKPAY MAY BE LIABLE IN LAW), WHETHER THEY ARISE UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE. 13.2 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, FLICKPAY SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES SUSTAINED BY YOU ARISING OUT OF OR IN CONNECTION WITH ANY LICENCE, YOUR REGISTRATION OR YOUR USE OF THIS WEBSITE AND/OR YOUR USE OF THE FLICKPAY APP AND/OR THE PERFORMANCE OF FLICKPAY TRANSACTIONS, REGARDLESS OF HOW SUCH LOSSES OR DAMAGES ARE CAUSED (INCLUDING AS A RESULT OF NEGLIGENT ACTS OR OMISSIONS OF FLICKPAY OR OF ANY PERSON FOR WHOM FLICKPAY MAY BE LIABLE IN LAW), WHETHER THEY ARISE UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE, EXCEEDING, IN RELATION TO ANY CLAIM OR SERIES OF CLAIMS ARISING FROM THE SAME CAUSE OF ACTION, AN AMOUNT OF R250.00. 13.3 CLAUSES 13.1 AND 13.2 ARE ALSO CONTRACTED BY FLICKPAY AND AGREED TO BY YOU, FOR AND IN FAVOUR OF ANY PERSON FOR WHOM FLICKPAY MAY BE LIABLE IN LAW AND IN THIS REGARD THESE CLAUSES CONSTITUTE A CONTRACT FOR THE BENEFIT OF A THIRD PARTY. 13.4 SAVE AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF IN THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED THE WEBSITE, THE FLICKPAY APP AND/OR THE PERFORMANCE OF FLICKPAY TRANSACTIONS ARE PROVIDED ON AN AS-IS BASIS AND, TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY THE MAXIMUM EXTENT PERMISSIBLE BY LAW, FLICKPAY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES, TERMS WHETHER EXPRESSED OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES ARISING BY OPERATION OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED LAW OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, IN RESPECT OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO WEBSITE, THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY FLICKPAY APP AND/OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS PERFORMANCE OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSFLICKPAY TRANSACTIONS. A. As a condition 13.5 Nothing in this clause 13 shall be interpreted or construed to exclude or limit FlickPay’s liability for recovery death, illness or personal injury or any loss of or physical damage to property, caused to You by any amount by Client against FLGact or omission of FlickPay, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client save to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG permitted by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsCPA.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH SPECIFICALLY PROVIDED HEREIN, ALL THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ITI DOES NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO BE PROVIDED THE FULLEST EXTENT PERMITTED BY FLG AND FLG MEMBER LAW, ITI HEREBY DISCLAIMS (FOR PURPOSES ITSELF AND ITS SUPPLIERS) ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF THIS PARAGRAPH 6TITLE, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY WARRANTY WHATSOEVERPARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CLIENT RECOGNIZES EXCEPT FOR DEATH, BODILY INJURY OR FRAUD, OR TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, IN NO EVENT SHALL ITI BE LIABLE CONCERNING THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS SUBJECT MATTER OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL (INCLUDING ANY ERROR OR DAMAGE ATTRIBUTABLE TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESANY NETWORK OR SYSTEM), TERMS (B) LOSS OR CONDITIONSINACCURACY OF DATA, WHETHER EXPRESS, IMPLIEDLOSS OR INTERRUPTION OF USE, OR STATUTORYCOST OF PROCURING SUBSTITUTE TECHNOLOGY, REGARDING THE PROFESSIONAL GOODS OR SERVICES, INCLUDING ANY(C) INDIRECT, WARRANTIES OF MERCHANTABILITYPUNITIVE, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARYRELIANCE, SPECIAL, PUNITIVE EXEMPLARY OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, DAMAGES INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE , LOSS OF BUSINESS, REVENUES, PROFITS OR SAVINGS; WAIVER BY CLIENTGOODWILL, WHETHER INADVERTENT OR INTENTIONAL, (D) DIRECT DAMAGES IN EXCESS OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR $50.00 IN THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATAAGGREGATE, EVEN IF CLIENT OR FLG HAVE ITI HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH NOTWITHSTANDING THE FAILURE OF ITS CONFIDENTIALITY OBLIGATIONSANY REMEDY PROVIDED HEREIN. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. A. THE COLLOCATION SPACE IS ACCEPTED "AS IS" BY CUSTOMER. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATION HAS BEEN MADE BY ALCHEMY AS TO THE FITNESS OF THE COLLOCATION SPACE FOR CUSTOMER'S INTENDED PURPOSE. EXCEPT AS EXPRESSLY FOR THE WARRANTIES SET FORTH HEREININ THIS ARTICLE, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER THERE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER NO WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL, OR STATUTORYWRITTEN, REGARDING WITH RESPECT TO THE PROFESSIONAL SERVICESCOLLOCATION SPACE OR SERVICES COVERED OR FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING ANYBUT NOT LIMITED TO, WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. MOREOVER, THE REMEDIES PROVIDED IN THIS ARTICLE ARE EXCLUSIVE AND INFRINGEMENTIN LIEU OF ALL OTHER REMEDIES. B. CUSTOMER AND ITS REPRESENTATIVES VISIT THE GDC AT THEIR OWN RISK AND ALCHEMY ASSUMES NO LIABILITY FOR ANY HARM TO SUCH PERSONS RESULTING FROM ANY CAUSE OTHER THAN ALCHEMY'S NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PERSONAL INJURY TO SUCH VISITIORS. C. ALCHEMY ASSUMES NO LIABILITY FOR DAMAGE OR LOSS RELATING TO CUSTOMERS BUSINESS. NO REPRESENTATION TO THE EXTENT ALCHEMY IS LIABLE FOR ANY DAMAGE TO OR OTHER AFFIRMATION LOSS OF FACT REGARDING CUSTOMER'S EQUIPMENT, SUCH LIABILITY SHALL BE LIMITED SOLELY TO THE THEN-CURRENT VALUE OF CUSTOMER'S EQUIPMENT. D. THE LIABILITY OF ALCHEMY FOR DAMAGES ARISING OUT OF THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCESHEREIN, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE WITHOUT LIMITATION, MISTKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT OR SAVINGS; WAIVER BY CLIENTERRORS, OR FAILURE TO FURNISH SPACE, WHETHER INADVERTENT CAUSED BY ACTS OF COMMISSION OR INTENTIONALOMISSION, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION SHALL BE LIMITED TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, A PRORATED REFUND OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE CHARGES PAID BY CLIENT UNDER PARAGRAPH 2(A) FOR THE USE OF THIS AGREEMENTTHE SPACE. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS RECEIPT OF SUCH REFUNDS SHALL BE THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY SOLE REMEDY AFFORDED TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSCUSTOMER. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety one hundred and eighty (90180) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety one hundred and eighty (90) days after discovery; (ii) ninety one hundred and eighty (90180) days after the termination of this Agreement; (iii) ninety one hundred and eighty (90180) days after the last date on which the Services were performed; or, (iv) sixty one hundred and twenty (60) 120 days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT FACT, REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, LOSS OF USE OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF; PROVIDED, HOWEVER, NOTHING CONTAINED HEREIN SHALL RELIEVE FLG OR ITS MEMBER PERFORMING SERVICES FOR CLIENT FROM ANY LIABILITY OR RESPONSIBILITY FOR ITS GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR OTHER ACTION THAT WOULD CONSTITUTE A VIOLATION OF ANY LAW, STATUTE, RULE OR REGULATION. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO THREE (23) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) of ninety (90) days after discovery; (ii) , ninety (90) days after the termination of this Agreement; (iii) , or ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINDUE TO THE INHERENT UNRELIABILITY OF COMMUNICATIONS NETWORKS, ALL SPECTRIO WILL HAVE NO LIABILITY TO CLIENT OR ANY THIRD PARTY FOR ANY INTERRUPTION OF THE SPECTRIO SERVICES TO BE PROVIDED CAUSED BY FLG EQUIPMENT FAILURE, NETWORK INTERRUPTION, OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF SPECTRIO. THE EQUIPMENT AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER SPECTRIO SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE AND “WITH ALL FAULTS.” EXCEPT AS IS” CLAUSE OF EXPRESSLY STATED IN THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTSSHA, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER NO WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIEDGUARANTEES, OR STATUTORYREPRESENTATIONS (AS USED HEREIN, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF “WARRANTIES”) ARE MADE AS TO MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, NON-INFRINGEMENT. NO REPRESENTATION , OR ARISING FROM A COURSE OF DEALING, TITLE, USAGE OF TRADE, OR COURSE OF PERFORMANCE OR OTHER AFFIRMATION OF FACT REGARDING WARRANTIES, EITHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. EACH PARTY HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON AND HEREBY WAIVES ANY WARRANTY MADE BY THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVEROTHER EXCEPT AS SPECIFICALLY SET FORTH IN THIS SSHA. IN NO EVENT SHALL FLG WILL SPECTRIO BE LIABLE TO CLIENT FOR LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE DAMAGES ARISING OUT OF OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATAIN CONNECTION WITH THIS SSHA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT NO EVENT WILL SPECTRIO’S LIABILITY TO CLIENT EXCEED THE CONTRARY, FLGTOTAL AMOUNT OF MONTHLY FEES PAID TO SPECTRIO DURING THE TWELVE (12) MONTH PERIOD PRIOR TO CLIENT’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSCLAIM AGAINST SPECTRIO. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. 8.1 CUSTOMER IS SOLELY RESPONSIBLE FOR ITS USE OF THE SOFTWARE AND SHALL AT ALL TIMES USE THE SOFTWARE IN COMPLIANCE WITH ALL APPLICABLE LAWS. THE PRODUCTS, SERVICES, AND DOCUMENTATION ARE PROVIDED TO CUSTOMER ON AN "AS IS" AND “AS AVAILABLE” BASIS ONLY, AND XXXXXX MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, REGARDING OR RELATING TO THE SAME, OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO CUSTOMER PURSUANT TO THIS XXXX OR OTHERWISE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, XXXXXX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO PRODUCTS AND SERVICES OR THE USE THEREOF. XXXXXX DOES NOT WARRANT OR REPRESENT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE PRODUCTS OR DOCUMENTATION ARE CORRECTABLE OR WILL BE CORRECTED. BOMGAR SHALL HAVE NO RESPONSIBILITIES OR LIABILITY FOR INCORRECT DATA OR INFORMATION INPUT INTO THE SOFTWARE OR FOR ERRORS IN OUTPUT, CALCULATIONS, OR RESULTS CAUSED BY THE SAME OR THE HARDWARE OR THIRD PARTY SOFTWARE. XXXXXX DOES NOT WARRANT THAT THERE ARE NO DISCREPANCIES BETWEEN THE SOFTWARE AND DOCUMENTATION. BOMGAR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE. CUSTOMER ACKNOWLEDGES THAT THE RECORDING FEATURES OF THE SOFTWARE MAY SUBJECT CUSTOMER TO LAWS AND/OR REGULATIONS REGARDING THE RECORDING OF COMMUNICATIONS, AND CUSTOMER ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH SUCH LAWS AND/OR REGULATIONS. 8.2 IN NO EVENT SHALL BOMGAR, AND/OR BOMGAR’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, RESELLERS, PARENT, AFFILIATES OR SUBSIDIARIES (COLLECTIVELY THE “BOMGAR PARTIES”) BE LIABLE FOR ANY LOSS OF DATA, COSTS OF SUBSTITUTE GOOD OR SERVICES, LOSS OF PROFITS OR INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THIS XXXX, OR THE USE OR INABILITY TO USE ANY PRODUCTS OR DOCUMENTATION, BASED ON ANY THEORY OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE, EVEN IF BOMGAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 BOMGAR PARTIES’ CUMULATIVE LIABILITY TO CUSTOMER FOR ALL CLAIMS RELATING TO: (A) DEFECTIVE SERVICES SHALL NOT EXCEED THE FEES PAID BY THE CUSTOMER FOR THE SERVICES GIVING RISE TO THE CLAIM (WHICH FOR MAINTENANCE SERVICES SHALL NOT EXCEED THE ANNUAL MAINTENANCE FEES PAID BY THE CUSTOMER FOR THE PERIOD IN WHICH THE DEFECTIVE MAINTENANCE SERVICES WERE PERFORMED); OR (B) THE PRODUCTS OR OTHERWISE RELATING TO THIS XXXX, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL PRODUCT FEES (AS APPLICABLE) PAID TO BOMGAR HEREUNDER WITH RESPECT TO PRODUCT(S) (AS APPLICABLE) GIVING RISE TO THE CLAIM. 8.4 THE BOMGAR PARTIES SHALL NOT BE LIABLE FOR CLAIMS BROUGHT MORE THAN TWO YEARS AFTER THE FACTS GIVING RISE TO SUCH CLAIMS WERE FIRST DISCOVERABLE. EXCEPT AS EXPRESSLY SET FORTH HEREINHEREIN OR IN A WRITTEN XXXX BETWEEN BOMGAR AND CUSTOMER, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT BOMGAR SHALL HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY RESPONSIBILITY WITH RESPECT TO A BREACH ANY THIRD PARTY SOFTWARE, AND CUSTOMER WILL LOOK SOLELY TO THE LICENSOR(S) OF ITS CONFIDENTIALITY OBLIGATIONSTHE THIRD PARTY SOFTWARE FOR ANY REMEDY. A. As a condition for recovery of any amount by Client against FLG8.5 THIS CLAUSE SHALL NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR FRAUD OR CRIMES ARISING OUT OF OR RELATED TO THIS CONTRACT UNDER ANY FEDERAL FRAUD STATUTE, Client shall give FLG written notice of the alleged basis for liability within ninety INCLUDING THE FALSE CLAIMS ACT, 31 U.S.C. 3729-3733. FURTHERMORE, THIS CLAUSE SHALL NOT IMPAIR NOR PREJUDICE THE U.S. GOVERNMENT’S RIGHT TO EXPRESS REMEDIES PROVIDED IN THE GSA SCHEDULE CONTRACT (90E.G., CLAUSE 552.238-75 – PRICE REDUCTIONS, CLAUSE 52.212-4(H) days of discovering the circumstances giving rise thereto– PATENT INDEMNIFICATION, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsAND GSAR 552.215-72 – PRICE ADJUSTMENT – FAILURE TO PROVIDE ACCURATE INFORMATION).

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINThe App may include errors and omissions, and may be unavailable from time to time. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BROADBAND PROVIDER AND THE SUPPLIERS DISCLAIM ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AND INFRINGEMENTANY WARRANTIES WITH RESPECT TO THE PERFORMANCE, FUNCTIONALITY, RELIABILITY, CONTINUOUS AVAILABILITY, SECURITY, OR OPERATION OF THE APP. NO REPRESENTATION OR OTHER AFFIRMATION USE OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVERAPP IS AT USER’S SOLE RISK. IN NO EVENT SHALL FLG BROADBAND PROVIDER OR ANY SUPPLIER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECTSPECIAL, EXEMPLARY, SPECIAL, PUNITIVE INDIRECT OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OTHER DAMAGES ARISING FROM USER’S USE OF (OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION INABILITY TO FLG; USE) THE APP OR THE LOSSCONTENT CONTAINED THEREIN (WHETHER BY CONTRACT, THEFT, TRANSMISSION OR USE, AUTHORIZED TORT OR OTHERWISE, OF ANY DATA), EVEN IF CLIENT OR FLG HAVE ANY SUCH PARTY HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF THOSE DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT BROADBAND PROVIDER SHALL BE LIABLE ONLY TO THE CONTRARYEXTENT OF ACTUAL, FLGDIRECT DAMAGES INCURRED BY USER, NOT TO EXCEED USER’S AGGREGATE CUMULATIVE FEES PAID FOR THE APP DURING THE PRIOR THREE (3) MONTHS. USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE APP IS TO STOP USING THE APP. ANY CLAIMS ARISING IN CONNECTION WITH USER’S USE OF THE APP MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. USER ASSUMES ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY, OR OTHER LOSS RESULTING FROM THE USE OF THE APP, INCLUDING WITHOUT LIMITATION THE INFORMATION CONTAINED THEREIN. NEITHER BROADBAND PROVIDER NOR ANY SUPPLIERS WILL BE LIABLE TO USER FOR ANY FAILURE TO PERFORM THAT IS CAUSED BY OR OTHERWISE RESULTS FROM ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SERVER, INTERNET, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY, OR ANY OTHER CAUSE BEYOND BROADBAND PROVIDER’S OR A SUPPLIER’S REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY HEREUNDERFOR CERTAIN DAMAGES. ACCORDINGLY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO SOME OF THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE ABOVE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL MAY NOT APPLY TO EITHER PARTY WITH RESPECT USER, BUT ONLY TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSTHE EXTENT SUCH LIMITATIONS ARE EXPRESSLY DISALLOWED UNDER THE APPLICABLE LAW(S). A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT ‌ 12.1 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, TRUID WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRINSIC, SPECIAL, PENAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES SUSTAINED BY YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR YOUR REGISTRATION, REGARDLESS OF HOW SUCH LOSSES OR DAMAGES ARE CAUSED (INCLUDING AS A RESULT OF NEGLIGENT ACTS OR OMISSIONS OF TRUID OR OF ANY PERSON FOR WHOM TRUID MAY BE LIABLE IN LAW), WHETHER THEY ARISE UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE.‌ 12.2 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, TRUID WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES SUSTAINED BY YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR YOUR REGISTRATION, REGARDLESS OF HOW SUCH LOSSES OR DAMAGES ARE CAUSED (INCLUDING AS A RESULT OF NEGLIGENT ACTS OR OMISSIONS OF TRUID OR OF ANY PERSON FOR WHOM TRUID MAY BE LIABLE IN LAW), WHETHER THEY ARISE UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE, IN EXCESS OF, IN RELATION TO ANY CLAIM OR SERIES OF CLAIMS ARISING FROM THE SAME CAUSE OF ACTION, AN AMOUNT OF R250.00.‌ 12.3 SAVE AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF IN THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED THE WEBSITE AND ANY ASSOCIATED SERVICES ARE PROVIDED ON AN AS-IS BASIS AND, TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY THE MAXIMUM EXTENT PERMISSIBLE BY LAW, TRUID EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES, TERMS WHETHER EXPRESSED OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES ARISING BY OPERATION OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED LAW OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, IN RESPECT OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO WEBSITE AND THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSASSOCIATED SERVICES. A. As a condition 12.4 Nothing in this clause 12 will be interpreted or construed to exclude or limit truID's liability for recovery death, illness or personal injury or any loss of or physical damage to property, caused to You by any amount by Client against FLGact or omission of truID, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client save to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG permitted by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsCPA.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINAlthough Pixelshare attempts to ensure the integrity and accurateness of the Website, ALL SERVICES TO BE it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Xxxxxxxxxx so that we can take appropriate action. Information contained on the Website may be changed or updated without notice. Disclaimers THE WEBSITE, INCLUDING ANY MATERIAL OR ACTIVITIES CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “"AS IS” WITHOUT ," WITH ALL FAULTS, AND "AS AVAILABLE," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY WARRANTY WHATSOEVERKIND. CLIENT RECOGNIZES THAT TO THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTEXTENT PERMISSIBLE BY LAW, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY PIXELSHARE DISCLAIMS ALL OTHER WARRANTIES, TERMS EITHER EXPRESSED OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE , ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. PIXELSHARE DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR SAVINGS; WAIVER BY CLIENTOTHER CONTENT ON ITS WEBSITE ARE ACCURATE, WHETHER INADVERTENT COMPLETE, RELIABLE, CURRENT OR INTENTIONALERROR-FREE OR THAT THIS WEBSITE, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEWITS SERVERS, OR SHOULD HAVE KNOWNEMAIL SENT FROM PIXELSHARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR, AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. Limitation of Liability TO THE EXTENT PERMISSIBLE BY LAW, YOU AGREE THAT PIXELSHARE, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. THIS LIMITATION OF REMEDIES IS PART OF THE POSSIBILITY THEREOFBARGAIN BETWEEN THE PARTIES. NOTWITHSTANDING ANYTHING IN THE FOREGOING, PIXELSHARE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN THE AMOUNT EQUAL TO PAID BY YOU FOR SUBSCRIPTION FEES WITHIN THE LAST TWO SIX MONTHS (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT EXCLUDING ANY PRODUCTS ORDERED THROUGH THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSWEBSITE OR ANY OTHER FEES). A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS (a) Subscriber expressly agrees that use of and access to the System is at Subscriber's sole risk. Neither SLM nor its affiliates, officers, directors, shareholders, employees or agents warrant that the System or any services rendered by SLM will be uninterrupted or error-free, nor do they make any warranty as to the results (including cost savings) that may be obtained from the use of the System or Services or as to the accuracy, reliability or currency of any data, information or content provided therefrom. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE WARRANTIES, LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN, ALL SERVICES IN THIS AGREEMENT (I) REPRESENT THE PARTIES' AGREEMENT AS TO BE PROVIDED BY FLG THE ALLOCATION OF RISK BETWEEN THE PARTIES AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF AMOUNTS PAYABLE BY SUBSCRIBER TO SLM PURSUANT TO THIS AGREEMENT IS AN IMPORTANT PART REFLECT SUCH ALLOCATION OF THE BASIS OF THIS AGREEMENTRISK, WITHOUT WHICH FLG NEITHER PARTY WOULD NOT HAVE AGREED BEEN WILLING TO ENTER INTO THIS AGREEMENT; AND (II) FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. (b) THE SYSTEM AND ANY SERVICES ARE PROVIDED BY SLM ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLG OTHER THAN AS EXPRESSLY PROVIDED FOR HEREIN, SLM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SYSTEM AND SERVICES OR THE DATA, INFORMATION, CONTENT, MATERIALS OR PRODUCTS OBTAINED THEREFROM. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RULE, OR REGULATION, SLM DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORYINCLUDING BUT NOT LIMITED TO, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENTPURPOSE. UNDER NO REPRESENTATION CIRCUMSTANCES SHALL SLM, ITS AFFILIATES OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE DEEMED A WARRANTY LIABLE TO SUBSCRIBER OR ANY THIRD-PARTY FOR ANY PURPOSE INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR GIVE RISE PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY LIABILITY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SLM SYSTEM, EVEN IF SLM IS EXPRESSLY ADVISED OF FLG WHATSOEVERTHE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FLG BE LIABLE SLM'S LIABILITY EXCEED THE PRICE PAID BY SUBSCRIBER FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, THE USE OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION AND ACCESS TO FLG; THE SYSTEM OR THE LOSSSERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SLM OR ITS AFFILIATES, THEFTNOR ANY OF THEIR OFFICERS, TRANSMISSION OR USEDIRECTORS, AUTHORIZED OR OTHERWISEEMPLOYEES, OF ANY DATAAGENTS, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEWPROVIDERS, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISELIKE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS CREATE A WARRANTY; NOR SHALL USER RELY ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSANY SUCH INFORMATION OR ADVICE. A. As a condition (c) Under no circumstances shall SLM be liable for recovery any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the System or any amount by Client against FLGdata, Client shall give FLG written notice information or content obtained from the System that results from mistakes, omissions, interruptions, deletion of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise theretofiles or e-mail, errors, defects, viruses, delays in order that FLG will have the opportunity to investigate in a timely manner andoperation or transmission, where possible, correct or rectify the alleged basis for liability; provided that the any failure of Client performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to give such notice will only affect SLM's records, programs, or services. Subscriber hereby acknowledges that this paragraph shall apply to all data, information content, reports, and services available through the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsSystem.

Disclaimers and Limitation of Liability. 4.1 EXCEPT AS EXPRESSLY OTHERWISE SET FORTH HEREINHEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES TO BE PROVIDED BY FLG YOU ACKNOWLEDGE AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER AGREE THAT THE PRODUCTS ARE PROVIDED ON AN “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE AND “AS ISAVAILABLE” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF BASIS. THE BASIS OF THIS AGREEMENTWARRANTIES, WITHOUT WHICH FLG WOULD NOT HAVE AGREED IF ANY, SET FORTH HEREIN AND IN THE PRODUCT ATTACHMENTS ARE LIMITED TO ENTER INTO THIS AGREEMENT. FLG THEIR EXPRESS TERMS AND ARE IN LIEU OF, AND ACTIVE, ITS LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIMS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL OR STATUTORY, REGARDING THE PROFESSIONAL SERVICESWRITTEN, INCLUDING ANYANY (a) WARRANTY THAT THE PRODUCTS ARE ERROR-FREE OR “BUG”-FREE, ACCURATE, SECURE, OR RELIABLE; (b) WARRANTY THAT THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTION; (c) WARRANTY THAT ALL ERRORS WILL BE CORRECTED OR THAT THE PRODUCTS WILL COMPLY WITH ANY LAW, RULE, OR REGULATION; (d) IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NON-INFRINGEMENT; (e) IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND INFRINGEMENT(f) WARRANTY THAT THE PRODUCTS WILL MEET CLIENT’S REQUIREMENTS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG ACTIVE WILL NOT BE LIABLE FOR INDIRECT DAMAGES OR LOSSES (IN CONTRACT, STATUTE, TORT, OR OTHERWISE), INCLUDING DAMAGES FOR LOST PROFITS, LOST SAVINGS, COST OF REPLACEMENT SERVICES, LOST DATA, LOSS OF USE OF INFORMATION OR SERVICES, OR ANY INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARY, SPECIALPUNITIVE, PUNITIVE OR CONSEQUENTIAL SPECIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT WHETHER OR NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE ACTIVE HAS PREVIOUSLY BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION ONLY APPLIES WHERE ALLOWED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACTIVE’S TOTAL AGGREGATE LIABILITY FOR ALL MATTERS ARISING FROM OR RELATED TO THIS AGREEMENT IS LIMITED TO (I)THE AMOUNT OF FEES ACTUALLY PAID BY CLIENT AS CONSIDERATION FOR THE SPECIFIC PRODUCT UNDER THE APPLICABLE SCHEDULE GIVING RISE TO SUCH CLAIMS DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH THE FIRST CAUSE OF ACTION AROSE, OR (II) IF NO SUCH PAYMENTS HAVE BEEN MADE OR SUCH AMOUNTS CANNOT BE CALCULATED, 10,000 U.S. DOLLARS (OR THE EQUIVALENT THERETO AS DETERMINED BY THE APPLICABLE COUNTRY’S CURRENCY), AS APPLICABLE. NOTWITHSTANDING ANYTHING IN THE ABOVE, IF YOU RESIDE OUTSIDE OF THE U.S., THIS DOES NOT AFFECT ACTIVE’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 4.2 TO THE EXTENT THIS AGREEMENT IS GOVERNED BY ENGLISH LAW, THE FOLLOWING APPLIES: ACTIVE IS LIABLE UNDER APPLICABLE STATUTORY PROVISIONS FOR INTENT AND GROSS NEGLIGENCE. THE SAME APPLIES TO ASSUMPTIONS OF GUARANTEES, STRICT LIABILITY, OR INJURY TO LIFE, LIMB, OR HEALTH. ACTIVE IS LIABLE FOR ANY NEGLIGENT BREACHES OF ESSENTIAL CONTRACTUAL OBLIGATIONS BY ACTIVE BUT THE AMOUNT SHALL BE LIMITED TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE TYPICALLY OCCURRING FORESEEABLE DAMAGE. ANY ADDITIONAL LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL OF ACTIVE IS EXCLUDED. 4.3 TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER EXTENT THIS AGREEMENT REFLECTS IS GOVERNED BY AUSTRALIAN LAW, THE ALLOCATION OF RISK SET FORTH FOLLOWING APPLIES: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND EXCEPT FOR ANY CONDITION OR WARRANTY THE EXCLUSION OF WHICH COULD BE VOID OR OTHERWISE CONTRAVENE THE TRADE PRACTICES ACT 1974 (CTH) OR ANY OTHER APPLICABLE LAW (“NON EXCLUDABLE CONDITION”), ALL SOFTWARE AND SERVICES OF ACTIVE ARE PROVIDED TO YOU ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR ANY NON-EXCLUDABLE CONDITION OR OTHERWISE AS CONTAINED IN THIS AGREEMENT, ACTIVE EXPRESSLY DISCLAIMS ANY WARRANTY THAT FLG WOULD NOT ENTER THE USE OF ITS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SPECIFICATIONS WILL MEET YOUR REQUIREMENTS. WHERE LEGISLATION IMPLIES INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A ANY NON-EXCLUDABLE CONDITION, ACTIVE’S LIABILITY FOR ANY BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner ofSUCH NON-EXCLUDABLE CONDITION WILL BE LIMITED AT ACTIVE’S SOLE DISCRETION TO ONE OR MORE OF THE FOLLOWING: (i1) ninety IN THE CASE OF GOODS, ANY ONE OR MORE OF THE FOLLOWING: (90I) days after discoveryTHE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (iiII) ninety (90) days after the termination of this AgreementTHE REPAIR OF THE GOODS; (iiiIII) ninety THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (90IV) days after the last date on which the Services were performedTHE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; or, (iv2) sixty IN THE CASE OF SERVICES: (60I) days after completion of a financial or accounting audit for the period(sTHE SUPPLYING OF THE SERVICES AGAIN; OR (II) to which a claim pertainsTHE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: :LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT 14.1 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, ADUMO PAYOUTS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRINSIC, SPECIAL, PENAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES SUSTAINED BY YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, YOUR REGISTRATION, ANY CARD OR THE PERFORMANCE OF CARD TRANSACTIONS, REGARDLESS OF HOW SUCH LOSSES OR DAMAGES ARE CAUSED (INCLUDING AS A RESULT OF NEGLIGENT ACTS OR OMISSIONS OF ADUMO PAYOUTS OR OF ANY PERSON FOR WHOM ADUMO PAYOUTS MAY BE LIABLE IN LAW), WHETHER THEY ARISE UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE. 14.2 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, ADUMO PAYOUTS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES SUSTAINED BY YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, YOUR REGISTRATION, ANY CARD OR THE PERFORMANCE OF CARD TRANSACTIONS, REGARDLESS OF HOW SUCH LOSSES OR DAMAGES ARE CAUSED (INCLUDING AS A RESULT OF NEGLIGENT ACTS OR OMISSIONS OF ADUMO PAYOUTS OR OF ANY PERSON FOR WHOM ADUMO PAYOUTS MAY BE LIABLE IN LAW), WHETHER THEY ARISE UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE, IN EXCESS OF – 14.2.1 IN RELATION TO ANY CLAIM OR SERIES OF CLAIMS ARISING FROM ANY CARD AND/OR ANY CARD TRANSACTIONS, THE ISSUE OF A NEW CARD TO THE EXTENT OF ANY UNREDEEMED VALUE ON THE ORIGINAL CARD, AGAINST THE REVOCATION OF THE ORIGINAL CARD; OR 14.2.2 IN RELATION TO ANY OTHER CLAIM OR SERIES OF CLAIMS ARISING FROM THE SAME CAUSE OF ACTION, AN AMOUNT OF R100.00. 14.3 SAVE AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF IN THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED THE WEBSITE, CARDS AND THE PERFORMANCE OF CARD TRANSACTIONS ARE PROVIDED ON AN AS-IS BASIS AND, TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY THE MAXIMUM EXTENT PERMISSIBLE BY LAW, ADUMO PAYOUTS EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES, TERMS WHETHER EXPRESSED OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES ARISING BY OPERATION OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED LAW OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, IN RESPECT OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO WEBSITE, CARDS AND/OR THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS PERFORMANCE OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSCARD TRANSACTIONS. A. As a condition 14.4 Nothing in this clause 14 will be interpreted or construed to exclude or limit Adumo Payouts' liability for recovery death, illness or personal injury or any loss of or physical damage to property, caused to You by any amount by Client against FLGact or omission of Adumo Payouts, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client save to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG permitted by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsCPA.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE USER ACCESSES THE WORKSHOPS AND WEBSITE AT HIS/HER/ITS OWN RISK. THE SMART PASS SERVICE IS PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT KIND (BEYOND THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTWARRANTIES SET FORTH IN SECTION 10), WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESEXPRESSED, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. LEARNING POINT GROUP DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF CONTENT OBTAINED FROM THE WORKSHOPS OR WEBSITE. LEARNING POINT GROUP DOES NOT WARRANT THAT THE INFORMATION IN THE WORKSHOPS OR WEBSITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND INFRINGEMENTYOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO REPRESENTATION CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL LEARNING POINT GROUP OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY PERSON OR ENTITY FOR ANY PURPOSE INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR GIVE RISE CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THE WORKSHOPS, MATERIALS, AND WEBSITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU OBTAIN OR DOWNLOAD IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANY LIABILITY YOU OR YOUR COMPUTER SYSTEM IN EXCESS OF FLG WHATSOEVERTHE AMOUNT LEARNING POINT GROUP RECEIVED FROM THE YOU AND/OR THE PASS HOLDER TO PURCHASE THE SMART PASS. IN NO EVENT SHALL FLG WILL LEARNING POINT GROUP BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, DAMAGES IN EXCESS OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATAAMOUNT LEARNING POINT GROUP RECEIVED FROM THE PASS HOLDER FOR THE SMART PASS, EVEN IF CLIENT OR FLG LEARNING POINT GROUP SHALL HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, INFORMED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING ANYTHING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF LEARNING POINT GROUP, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. LEARNING POINT GROUP IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT ADVERSELY AFFECT THE USERS OR PASSHOLDERS OF SMART PASS SERVICES, WORKSHOPS, WESBITE, OR MATERIALS. NO DEALER, AGENT, OR EMPLOYEE OF LEARNING POINT GROUP IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS. LEARNING POINT GROUP DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN THIS AGREEMENT EXCESS OF THE AMOUNT LEARNING POINT GROUP RECEIVED FROM THE PASS HOLDER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY SITE. THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO MODIFY THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT FOREGOING DISCLAIMERS AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSYOU. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINNOTWITHSTANDING ANYTHING IN THE CONTRARY IN THE EMPLOYMENT AGREEMENT, ALL SERVICES TO BE PROVIDED BY FLG AND THE FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER UNDER THE EMPLOYMENT AGREEMENT ARE PROVIDED “"AS IS” " WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT AND THE FLG MEMBER WOULD NOT HAVE AGREED TO ENTER INTO THE EMPLOYMENT AGREEMENT. FLG, ON BEHALF OF ITSELF AND THE FLG MEMBER, EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT FACT, REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, LOSS OF USE OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR THE EMPLOYMENT AGREEMENT TO THE CONTRARY, FLG’S THE AGGREGATE CUMULATIVE LIABILITY HEREUNDEROF FLG UNDER THIS AGREEMENT AND THE EMPLOYMENT AGREEMENT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES THE CASH COMPENSATION PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) SECTION 2 OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT AND THE EMPLOYMENT AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THE EMPLOYMENT AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT 9.1 NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS EXPRESSLY SET FORTH HEREINA REPRESENTATION MADE OR WARRANTY GIVEN BY EITHER PARTY OR THEIR SUPPLIERS THAT THE USE OF ANY INFORMATION, ALL SERVICES TO BE DATA, SOFTWARE OR OTHER MATERIALS PROVIDED HEREUNDER WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OF ANY THIRD PARTY. THE INFORMATION, DATA, SOFTWARE OR OTHER MATERIALS PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) EITHER PARTY HEREUNDER ARE PROVIDED “"AS IS” " WITHOUT WARRANTY OF ANY WARRANTY KIND WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING INCLUDING THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. CELERA MAKES NO WARRANTY THAT THE SEQUENCE INFORMATION AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES RESULTS PROVIDED TO DIVERSA HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. DO NOT [***]. 9.2 IN NO EVENT SHALL FLG EITHER PARTY OR CELERA'S SUPPLIERS BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL DAMAGESINCIDENTAL DAMAGES OF ANY NATURE WHATSOEVER, HOWEVER CAUSED AND UNDER ANY CIRCUMSTANCESTHEORY OF LIABILITY WHETHER BASED IN CONTRACT, INCLUDINGWARRANTY, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENTTORT (INCLUDING WITHOUT LIMITATION, WHETHER INADVERTENT OR INTENTIONALNEGLIGENCE), OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSSSTRICT LIABILITY, THEFT, TRANSMISSION OR USE, AUTHORIZED STATUTORY OR OTHERWISE, ARISING OUT OF ANY DATA, OR IN CONNECTION WITH THIS AGREEMENT EVEN IF CLIENT OR FLG HAVE SUCH PARTY HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN ---------------- * Confidential Treatment Requested 9.3 THE LIABILITY OF EITHER PARTY, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS AND SUPPLIERS WITH RESPECT TO ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDERAGREEMENT, WHETHER IN BASED ON CONTRACT, TORTWARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, MISREPRESENTATION), STRICT LIABILITY LIABILITY, STATUTORY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL BE LIMITED TO THE LAST TWO (2) MONTHS DIRECT, ACTUAL DAMAGES INCURRED AS A RESULT OF FEES PAYABLE SUCH PARTY'S FAILURE TO PERFORM ITS OBLIGATIONS AS REQUIRED BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT NEITHER PARTY'S LIABILITY, FURTHER, SHALL EXCEED IN THE COMPENSATION PAID AGGREGATE, A SUM EQUAL TO [***]. 9.4 THE LIMITATION SET FORTH IN SECTION 9.3 ABOVE SHALL NOT APPLY TO DAMAGES OCCASIONED BY IT UNDER THIS AGREEMENT REFLECTS A BREACH OF THE ALLOCATION OF RISK CONFIDENTIALITY OBLIGATIONS SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO OR THE FAILURE OF EITHER PARTY TO COMPLY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSPAYMENT OBLIGATIONS HEREUNDER. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT 11.1 NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS EXPRESSLY SET FORTH HEREINA REPRESENTATION MADE OR WARRANTY GIVEN BY CELERA OR ITS SUPPLIERS THAT THE USE OF ANY INFORMATION, ALL SERVICES TO BE DATA, SOFTWARE OR OTHER MATERIALS PROVIDED HEREUNDER WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OF ANY THIRD PARTY. THE INFORMATION, DATA, SOFTWARE AND OTHER MATERIALS PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) CELERA HEREUNDER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY WARRANTY KIND WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING INCLUDING THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENTPURPOSE. CELERA MAKES NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING WARRANTY THAT THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. PRODUCTS WITHIN THE BPP SUBSCRIPTION DO NOT CONTAIN ERRORS. 11.2 IN NO EVENT SHALL FLG CELERA (OR CELERA’S SUPPLIERS) OR MMI (OR MMI’S CUSTOMERS OR SUBLICESEES) BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL DAMAGESINCIDENTAL DAMAGES OF ANY NATURE WHATSOEVER, HOWEVER CAUSED AND UNDER ANY CIRCUMSTANCESTHEORY OF LIABILITY WHETHER BASED IN CONTRACT, INCLUDINGWARRANTY, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENTTORT, WHETHER INADVERTENT OR INTENTIONALSTRICT LIABILITY, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED STATUTORY OR OTHERWISE, ARISING OUT OF ANY DATA, OR IN CONNECTION WITH THIS AGREEMENT EVEN IF CLIENT OR FLG HAVE THE OTHER PARTY HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN OF SUCH DAMAGES. 11.3 THE LIABILITY OF CELERA OR MMI, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, SUBCONTRACTORS, SUPPLIERS, CUSTOMERS AND SUBLICENSEES WITH RESPECT TO ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDERAGREEMENT, WHETHER IN BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCESTRICT LIABILITY, MISREPRESENTATION, STRICT LIABILITY STATUTORY OR OTHERWISE, SHALL BE LIMITED TO (a) DIRECT, ACTUAL DAMAGES INCURRED AS A RESULT OF CELERA’S OR MMI’S FAILURE TO PERFORM ITS OBLIGATIONS AS REQUIRED BY THIS AGREEMENT, AND (b) SHALL NOT EXCEED AN AMOUNT EXCEED, IN THE AGGREGATE, A SUM EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT TOTAL AMOUNTS PAID TO CELERA UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG11.4 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsANY MMI TECHNOLOGY DISCOVERED THROUGH MMI’S AUTHORIZED USE OF THE BPP PRODUCTS AND TECHNOLOGY MAY BE SUBJECT TO CELERA’S INTELLECTUAL PROPERTY RIGHTS IN CELERA TECHNOLOGY AND/OR THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE THIS SECTION DOES NOT AFFECT THE LEGAL WARRANTY PROVIDED BY FLG FOR UNDER QUÉBEC LAW. THIS WEBSITE AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY WARRANTY WHATSOEVERKIND, EITHER EXPRESS OR IMPLIED. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY UNI-SELECT DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE , IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS SITE. UNI-SELECT DOES NOT REPRESENT OR SAVINGS; WAIVER BY CLIENTWARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, WHETHER INADVERTENT COMPLETE, RELIABLE, CURRENT, OR INTENTIONALERROR-FREE. UNI-SELECT DOES NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE FROM TYPOGRAPHICAL ERRORS OR OMISIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. UNI-SELECT DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; VIRUSES OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATAOTHER HARMFUL COMPONENTS, EVEN IF CLIENT UNI-SELECT OR FLG ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) YOU EXPRESSLY AGREE THAT USE OF THIS AGREEMENTWEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSES FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITYUni-Select uses reasonable commercial efforts to ensure that the information contained on this website is accurate but does not in any way guarantee the currency, accuracy, completeness, non-infringement or authenticity of such information. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition All information contained on this website, including all stock price information, is provided for recovery informational purposes only, and is not intended for trading or other purposes. Uni-Select assumes no responsibility with respect to the accuracy or completeness of any amount by Client against FLGsuch information and is not liable or responsible in any way for any delays, Client shall give FLG written notice inaccuracies or errors in any such information or in the transmission of any such information. Uni-Select, its subsidiaries, affiliates, contractors, agents and/or employees make no guarantees or warranties (whether express or implied) about this website or its contents including, without limitation, that the use of this website will be uninterrupted, error-free, stable or suitable for all users. Without limiting the generality of the alleged basis foregoing, this includes implied warranties of merchantability, fitness for liability within ninety (90) days a particular purpose, expectation of discovering privacy, or non-infringement. IN NO EVENT WILL UNI-SELECT, ITS SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS WEBSITE, OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE WHETHER OR NOT CAUSED BY UNI-SELECT’S NEGLIGENCE AND EVEN IF UNISELECT HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. The exclusion of certain warranties and the circumstances giving rise thereto, limitation of certain liabilities are prohibited by legislation in order that FLG will have the opportunity some jurisdictions. Such legislative limitations may apply to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsyou.

Disclaimers and Limitation of Liability. EXCEPT THE CONTENT ON THE SERVICE IS STRICTLY FOR INFORMATIONAL PURPOSES. NOTHING ON OR IN THE SERVICE SHALL CONSTITUTE OR BE CONSTRUED AS EXPRESSLY SET FORTH HEREINAN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY TAPTOOLS OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY TAPTOOLS. THE SERVICE AND THE CONTENT PUBLISHED WITHIN THE SERVICE MAY INCLUDE INACCURACIES OR ERRORS. TAPTOOLS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY, OR INTEGRITY OF THE SERVICE OR ANY CONTENT AND DISCLAIMS ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (LIABILITY FOR PURPOSES ANY ERRORS OR OTHER INACCURACIES RELATING TO, THE SERVICE OR THE CONTENT. TAPTOOLS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS PARAGRAPH 6THE SERVICE OR ANY CONTENT, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES OR THAT THE “AS IS” CLAUSE SERVICE OR CONTENT WILL BE UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY SOFTWARE, SERVICE, SYSTEM, OR OTHER DATA OR INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAPTOOLS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THIS AGREEMENT IS AN IMPORTANT PART ANY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR OR ANY END USER’S ACCESS TO OR USE OF THE BASIS SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS AGREEMENTOUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESVIRUSES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIEDTROJAN HORSES, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION LIKE THAT MAY BE TRANSMITTED TO OR OTHER AFFIRMATION OF FACT REGARDING THROUGH THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY PURPOSE LOSS OR GIVE RISE TO DAMAGE INCURRED AS A RESULT OF THE USE OF ANY LIABILITY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF FLG WHATSOEVERANY THIRD PARTY. IN NO EVENT SHALL FLG TAPTOOLS BE LIABLE FOR ANY INCIDENTALDIRECT, INDIRECT, EXEMPLARYPUNITIVE, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESDAMAGES OR DAMAGES FOR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR OR ANY END USER’S ACCESS TO OR USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO ACCESS, UNDER DISPLAY, OR USE THE SERVICE; ANY CIRCUMSTANCESCOMPUTER VIRUSES, INCLUDINGINFORMATION, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENTSOFTWARE, WHETHER INADVERTENT OR INTENTIONALLINKED SERVICES, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE PRODUCTS, AND SERVICES OBTAINED THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLGTHE SERVICE; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OTHERWISE ARISING OUT OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT ACCESS TO OR USE OF THE CONTRARYSERVICE WHETHER BASED ON A THEORY OF NEGLIGENCE, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCESTRICT LIABILITY, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO EVEN IF TAPTOOLS HAS BEEN ADVISED OF THE LAST TWO (2) MONTHS POSSIBILITY OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSSUCH DAMAGES. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG INFORMATION AND FLG MEMBER (FOR PURPOSES OF MATERIALS ON THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER SITE ARE PROVIDED TO YOU ON AN “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS ISAVAILABLE” CLAUSE BASIS WITHOUT WARRANTY OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS ANY KIND EITHER EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING INCLUDING BUT NOT LIMITED TO THE PROFESSIONAL SERVICES, INCLUDING ANY, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. MAKEMUSIC! MAKES NO REPRESENTATION WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR OTHER AFFIRMATION ACCESSABILITY OF FACT REGARDING ANY INFORMATION OR MATERIALS ON THIS SITE. USE OF THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVERSITE AND THE CONTENT AVAILABLE ON THE SITE IS AT YOUR SOLE RISK. IN ADDITION, BECAUSE MAKEMUSIC! DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE AT ANY GIVEN TIME, IT IS SOLELY YOUR RESPONSIBILITY TO RETAIN A COPY OF ALL INFORMATION AND MATERIALS YOU SUBMIT TO MAKEMUSIC!. MAKEMUSIC! MAKES NO EVENT REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS. YOU AGREE THAT MAKEMUSIC! SHALL FLG NOT BE LIABLE FOR ANY INCIDENTALCLAIM OR DAMAGES RELATED TO ANY LOSS, INDIRECTDESTRUCTION, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ALTERATION OF DATA. MAKEMUSIC! HEREBY ADVISES YOU TO MAINTAIN AN ARCHIVE OR BACKUP COPY OF ALL INFORMATION AND MATERIALS YOU PROVIDE TO MAKEMUSIC!. MAKEMUSIC! SPECIFICALLY DISCLAIMS ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENTLIABILITY, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE, EVEN IF MAKEMUSIC! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT EXCEED AN AMOUNT EQUAL LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY ON ANY INFORMATION OR MATERIALS OBTAINED THROUGH THE USE OF THE SITE, OR ANY DAMAGE OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION OR MATERIALS TO OR FROM THE SITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE LAST TWO (2) MONTHS SITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF THIS AGREEMENTOR UNAUTHORIZED ACCESS TO THE SITE OR RELATED INFORMATION OR PROGRAMS. CLIENT ACKNOWLEDGES THAT SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS FOREGOING EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL FOREGOING EXCLUSIONS MAY NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH YOU. THIS SECTION 9 SURVIVES EXPIRATION OR TERMINATION OF ITS CONFIDENTIALITY OBLIGATIONSTHIS EXTRANET ACCESS AGREEMENT. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS KIND EITHER EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, TITLENON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED THROUGH THE WEBSITE, YOUR USE OF OR RELIANCE UPON THE WEBSITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION. YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS AND INFRINGEMENTOTHER DEVICES OWNED, MAINTAINED OR SERVICED BY THIRD PARTIES OVER WHICH WE HAVE NO CONTROL. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG ACCORDINGLY, WE WILL NOT BE LIABLE FOR ANY INCIDENTALOR RELATING TO THE DELAY, INDIRECTFAILURE, EXEMPLARY, SPECIAL, PUNITIVE INTERRUPTION OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, CORRUPTION OF ANY DATA, EVEN IF CLIENT DATA OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE POSSIBILITY THEREOFWEBSITE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARYAll content included on or comprising the Website, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDERincluding information, WHETHER IN CONTRACTdata, TORTsoftware, NEGLIGENCEphotographs, MISREPRESENTATIONgraphs, STRICT LIABILITY OR OTHERWISEvideos, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO typefaces, graphics, music, sounds and other material (2collectively, “Content”) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENTis protected by and subject to trademark, service xxxx, trade dress, copyright and/or other intellectual property rights or licenses held by the Company, one of its affiliates, or by third parties, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITYAll Content is protected as a collective work under U.S. and international copyright laws, and the Company owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition You may not use material displayed on the Website for recovery any commercial purposes without the written permission of one of our authorized representatives. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any amount by Client against FLG, Client shall give FLG written notice way exploit any of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise theretoContent, in order that FLG will have whole or in part. The Company logos and other trademarks on the opportunity to investigate in a timely manner andWebsite are the property of their respective owners and are owned by, licensed to, or, where possiblerequired, correct used with permission by the Company and may not be reproduced, copied, or rectify manipulated in any manner without the express, written approval of the trademark owner. It is our policy to respond to and investigate notices of alleged basis for liability; provided that copyright infringement by third parties and take appropriate action under the failure of Client to give such notice will only affect Digital Millennium Copyright Act, Xxxxx 00, Xxxxxx Xxxxxx Code, Section 512(c)(2) (the rights of Client “DMCA”), where applicable. Pursuant to the extent DMCA, notifications of claimed copyright infringement by third parties should be sent to our DMCA Agent. If you believe that FLG your copyrighted work has been infringed under U.S. copyright law and is actually prejudiced accessible on this Website, please notify us by such failurecontacting our DMCA Agent at the contact information below. Notwithstanding anything herein to Effective notifications under the contrary, Client DMCA must assert any claim against FLG by be in writing and include the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.following information:

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT FACT, REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, LOSS OF USE OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF TOTAL FEES PAYABLE BY CLIENT UNDER PARAGRAPH SECTION 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by within the sooner of: earlier of three (i3) ninety months after discovery or sixty (90) days after discovery; (ii) ninety (9060) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.A

Disclaimers and Limitation of Liability. EXCEPT ‌ 17.1 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IKHOKHA SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRINSIC, SPECIAL, PENAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES SUSTAINED BY YOU ARISING OUT OF OR IN CONNECTION WITH ANY PURCHASE, YOUR REGISTRATION OR YOUR USE OF THIS WEBSITE AND/OR YOUR USE OF THE IKHOKHA SYSTEM, REGARDLESS OF HOW SUCH LOSSES OR DAMAGES ARE CAUSED (INCLUDING AS A RESULT OF NEGLIGENT ACTS OR OMISSIONS OF IKHOKHA OR OF ANY PERSON FOR WHOM IKHOKHA MAY BE LIABLE IN LAW), WHETHER THEY ARISE UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE.‌ 17.2 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IKHOKHA SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES SUSTAINED BY YOU ARISING OUT OF OR IN CONNECTION WITH ANY PURCHASE, YOUR REGISTRATION OR YOUR USE OF THIS WEBSITE AND/OR YOUR USE OF THE IKHOKHA SYSTEM, REGARDLESS OF HOW SUCH LOSSES OR DAMAGES ARE CAUSED (INCLUDING AS A RESULT OF NEGLIGENT ACTS OR OMISSIONS OF IKHOKHA OR OF ANY PERSON FOR WHOM IKHOKHA MAY BE LIABLE IN LAW), WHETHER THEY ARISE UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE, EXCEEDING –‌ 17.2.1 IN RELATION TO ANY CLAIM OR SERIES OF CLAIMS ARISING FROM ANY PURCHASE, AN AMOUNT EQUIVALENT TO 150% OF THE AMOUNT PAID BY YOU FOR THAT PURCHASE; OR 17.2.2 IN RELATION TO ANY OTHER CLAIM OR SERIES OF CLAIMS ARISING FROM THE SAME CAUSE OF ACTION, AN AMOUNT OF R250.00. 17.3 CLAUSES 17.1 AND 17.2 ARE ALSO CONTRACTED BY IKHOKHA AND AGREED TO BY YOU, FOR AND IN FAVOUR OF ANY PERSON FOR WHOM IKHOKHA MAY BE LIABLE IN LAW AND IN THIS REGARD THESE CLAUSES CONSTITUTE A CONTRACT FOR THE BENEFIT OF A THIRD PARTY. 17.4 SAVE AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF IN THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED THE IKHOKHA SYSTEM AND/OR THE ASSOCIATED SERVICES ARE PROVIDED ON AN AS-IS BASIS AND, TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IKHOKHA EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES, TERMS WHETHER EXPRESSED OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES ARISING BY OPERATION OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED LAW OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, IN RESPECT OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO WEBSITE, THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY IKHOKHA SYSTEM AND/OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSASSOCIATED SERVICES. A. As a condition 17.5 Nothing in this clause 17 shall be interpreted or construed to exclude or limit iKhokha’s liability for recovery death, illness or personal injury or any loss of or physical damage to property, caused to You by any amount by Client against FLGact or omission of iKhokha, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client save to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG permitted by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsCPA.

Disclaimers and Limitation of Liability. In connection with Customer’s access and use of the Mavrck Products, Mavrck may make available to Customer certain template documents that could be useful to Customer in connection with its use of the Mavrck Products, including, without limitation, template terms of use and privacy policies (the “Template Policies”). XXXXXX MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE TEMPLATE POLICIES. CUSTOMER ACKNOWLEDGES AND AGREES THAT MAVRCK IS NOT PROVIDING ANY LEGAL OR OTHER ADVICE WITH RESPECT TO THE TEMPLATE DOCUMENTS. MAVRCK IS NOT A LAW FIRM AND IS NOT ENGAGED IN THE PRACTICE OF LAW. THE TEMPLATE POLICIES SHOULD NOT BE USED IN LIEU OF THE ADVICE OF COMPETENT LEGAL COUNSEL. CUSTOMER AGREES THAT CUSTOMER, AND NOT MAVRCK, MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE TEMPLATE POLICIES, INCLUDING ANY RELIANCE ON THE ACCURACY, LEGALITY, APPROPRIATENESS, COMPLETENESS OR USEFULNESS OF ANY SUCH TEMPLATE POLICIES. CUSTOMER IS RESPONSIBLE FOR INFORMING ITSELF OF THE LAWS AND REGULATIONS APPLICABLE TO ITS JURISDICTION AND FOR COMPLYING WITH THEM. EXCEPT AS EXPRESSLY SET FORTH OTHERWISE PROVIDED HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) THE MAVRCK PRODUCTS MADE AVAILABLE HEREUNDER ARE PROVIDED ON AN “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE AND “AS ISAVAILABLE” CLAUSE BASIS WITHOUT WARRANTIES OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTANY KIND, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT. NO REPRESENTATION MAVRCK DOES NOT WARRANT THAT THE MAVRCK PRODUCTS ARE ERROR-FREE OR OTHER AFFIRMATION THAT OPERATION OF FACT THE MAVRCK PRODUCTS WILL BE UNINTERRUPTED. MAVRCK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED INCENTIVE PRODUCTS. EXCEPT FOR LIABILITY ARISING FROM (A) A WARRANTY FOR ANY PURPOSE PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 17, (B) BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS IN SECTION 14 OR GIVE RISE TO ANY LIABILITY (C) A PARTY’S INFRINGEMENT OR MISAPPROPRIATION OF FLG WHATSOEVER. THE OTHER PARTY’S INTELLECTUAL PROPERTY, IN NO EVENT SHALL FLG WILL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN OTHER UNDER CONTRACT, TORT, NEGLIGENCESTRICT LIABILITY, MISREPRESENTATIONNEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY LOST PROFITS, STRICT LIABILITY cost of procurement of substitute goods or services, OR OTHERWISEOTHER CONSEQUENTIAL, SHALL NOT EXCEED AN AMOUNT EQUAL SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES, EVEN IF A PARTY HAS ADVISED THE OTHER IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND SUCH DAMAGES ARE FORESEEABLE OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) the amounts received BY MAVRCK under this Agreement IN the preceding 12 months; provided, however, that such limitaton shall not apply in the case of a party’s gross negligence or willful misconduct. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE LAST TWO (2) MONTHS RISKS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) THIS AGREEMENT BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION , AND EACH OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT PROVISIONS WILL APPLY TO EITHER PARTY WITH RESPECT TO A BREACH EVEN IF THEY HAVE FAILED OF ITS CONFIDENTIALITY OBLIGATIONSTHEIR ESSENTIAL PURPOSE. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL YOUR ACCESS TO AND USE OF THE SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” WITHOUT BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE LAW, MOOSE AND ITS AFFILIATED ENTITIES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (collectively, the “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTMoose Parties”) DISCLAIM ALL REPRESENTATIONS, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS WARRANTIES OR CONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING AND WITHOUT LIMITATION, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF TITLE, MERCHANTABILITY, TITLEDURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING MOOSE DOES NOT WARRANT THAT THE SERVICES PROVIDED HEREUNDER SHALL (INCLUDING VIRTUAL ITEMS) WILL MEET YOUR EXPECTATIONS, BE DEEMED A WARRANTY FOR ACCURATE, SECURE, TIMELY, UNINTERRUPTED, ACCESSIBLE OR FREE FROM DEFECTS, ERRORS OR VIRUSES, OR THAT DEFECTS, ERRORS OR VIRUSES WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. LAW, IN NO EVENT SHALL FLG WILL THE MOOSE PARTIES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE LOSS OR CONSEQUENTIAL DAMAGES, UNDER DAMAGES OF ANY CIRCUMSTANCES, KIND INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE , DAMAGES FOR PERSONAL INJURY OR SAVINGS; WAIVER BY CLIENTDEATH OR PROPERTY DAMAGE, WHETHER INADVERTENT INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INTENTIONALPUNITIVE DAMAGES, ARISING OUT OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION OR IN ANY WAY RELATED TO FLG; THE USE OR INABILITY TO USE THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATASERVICES (INCLUDING VIRTUAL ITEMS), EVEN IF CLIENT OR FLG HAVE MOOSE HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE FULLEST EXTENT PERMISSIBLE BY ANY LAW, IN NO EVENT WILL THE LIABILITY OF THE MOOSE PARTIES FOR LOSS OR DAMAGES IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES (INCLUDING VIRTUAL ITEMS) EXCEED THE AMOUNTS ACTUALLY PAID BY YOU IN RESPECT OF THE SERVICES WHICH FORM THE BASIS OF YOUR COMPLAINT, AND IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THIS AGREEMENT IS INTENDED TO THE CONTRARYEXCLUDE, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY RESTRICT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT MODIFY ANY RIGHT OR REMEDY YOU MAY HAVE UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSANY APPLICABLE LAW. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREININ THIS AGREEMENT, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE GREATER OF: (I) THE LAST TWO (2) MONTHS OF FEES PAID OR PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT, OR (II) FIFTY PERCENT (50%) OF THE AGGREGATE FEES PAID OR PAYABLE UNDER THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of a commercially reasonable period after discovering the circumstances giving rise thereto, unless prevented from doing so by law or contractual restriction, in order that FLG will have the opportunity opportunity, at its expense, to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner ofof one hundred eighty (180) days after: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; or (iii) ninety (90) days after the last date on which the Services were performed; or, but no sooner in the case of (ivi) –(iii) than sixty (60) days after completion of a financial or accounting audit for of the annual period which includes the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. 3.1 EXCEPT AS EXPRESSLY SET FORTH HEREININ THIS AGREEMENT, ALL SERVICES TO BE PROVIDED BY FLG THE PRODUCT LICENSES AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER THE MATERIALS AND INFORMATION CONTAINED IN THE PRODUCT LICENSES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER”. CLIENT RECOGNIZES THAT THE “EXCEPT AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF SPECIFICALLY PROVIDED IN THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG TBH BRANDS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, TERMS EXPRESSED OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORYWITH RESPECT TO THIS AGREEMENT, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PRODUCT LICENSES AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. MATERIALS AND INFORMATION CONTAINED IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCESTHE PRODUCT LICENSES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE , ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM COURSE OF DEALING OR SAVINGS; WAIVER BY CLIENTUSE OF TRADE. NO WARRANTY IS MADE THAT THE PRODUCT LICENSES, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED THE MATERIALS AND INFORMATION TO FLG; CONTAINED IN THE PRODUCT LICENSES OR THE LOSSUSE THEREOF WILL BE ERROR-­‐FREE OR UNINTERRUPTED, THEFTTHAT ANY ERRORS OR DEFECTS IN THE PRODUCT LICENSES WILL BE CORRECTED OR THAT THE PRODUCT LICENSES’ FUNCTIONALITY WILL MEET SUBSCRIBER’S REQUIREMENTS. IN ADDITION, TRANSMISSION THE OPERATION OF THE PRODUCT LICENSES IS DEPENDENT UPON THE OPERATION OF THE INTERNET AND THE CONNECTIONS TO THE INTERNET. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT TBH® BRANDS HAS NO CONTROL OVER INTERRUPTIONS IN SERVICE, DELAYS OR USEFAILURES WITH RESPECT TO THE OPERATION OF THE INTERNET OR CONNECTIONS TO THE INTERNET. 3.2 THE PRODUCT LICENSES ARE NOT INTENDED OR TO BE USED FOR DIAGNOSIS, AUTHORIZED EVALUATION, SCREENING OR OTHERWISETREATMENT FOR ANY MEDICAL CONDITIONS, DISEASES OR DISORDERS. THE PRODUCT LICENSES SHOULD NOT BE USED OR REGARDED AS A SUBSTITTUE FOR MEDICAL SCREENING, DIAGNOSTIC TESTS OR SERVICES. TBH® BRANDS IS NOT LICENSED BY ANY GOVERNEMNTAL AUTHORITY AND DOES NOT OFFER TO, OR ENGAGE IN, THE PRACTICE OF MEDICINE OR ANY DATAOTHER STATE-­‐LICENSED HEALTH CARE PROFESSION. TBH® BRANDS AND THE PRODUCT LICENSES DO NOT SCREEN, DIAGNOSE OR PROVIDE ANY TREATMENTS OR MEDICAL SERVICES FOR ANY DISEASE, PAIN, INJURY OR PHYSICAL OR MENTAL CONDITION. ANY STATEMENTS MADE IN ANY MATERIALS OR ON TBH BRANDS’ WEB SITE OR OTHER POSTS WITH RESPECT TO THE PRODUCT LICENSES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION OR ANY OTHER GOVERNMENTAL AUTHORITY. 3.3 If any of the Product Licenses or any component of the Product Licenses becomes, or in TBH Brands®’ opinion are likely to become, the subject of any third party claim or action claiming that such Product Licenses infringe on any patent, copyright, or other intellectual property right of a third party, then TBH® Brands, at its expense and at its sole option, may either: (a) procure for Subscriber the right to continue using such Product Licenses, (b) modify such Product Licenses to render it non-­‐infringing (providing such modification does not materially adversely affect the Product License, or (c) replace such Product Licenses with comparable products. All of the foregoing options will be at no additional cost to Subscriber. If none of the foregoing are commercially practicable, then TBH® Brands shall have the option to terminate the license to such Product Licenses and this Agreement, and Subscriber shall be entitled to a pro-­‐rata refund of the portion paid to TBH® Brands for such Product Licenses after the date of termination of this Agreement. 3.4 IN NO EVENT SHALL TBH® BRANDS OR ITS THIRD PARTY PROVIDERS AND ITS AND THEIR AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE TO SUBSCRIBER OR ITS EMPLOYEES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITING, DAMAGES FOR LOSS OF BUSINESS PROFITS OR LOSS OF GOODWILL OR REPUTATION, ARISING OUT OF THIS AGREEMENT, THE PRODUCT LICENSES OR ANY MATERIALS OR INFORMATION CONTAINED IN THE PRODUCT LICENSES, OR THE USE OF OR INABILITY TO USE THE PRODUCT LICENSES OR ANY MATERIALS OR INFORMATION CONTAINED IN THE PRODUCT LICENSES, EVEN IF CLIENT OR FLG HAVE TBH® BRANDS HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. NOTWITHSTANDING ANYTHING IN NO EVENT SHALL TBH® BRANDS HAVE ANY LIABILITY WITH RESPECT TO ANY THIRD PARTY CLAIMS, EVEN IF THE CLAIMS ARISE OUT OF OR RELATE TO ANY OF THE PRODUCT LICENSES OR ANY OF THE MATERIALS OR INFORMATION CONTAINED THEREIN. THE AGGREGATE LIABILITY OF TBH BRANDS UNDER THIS AGREEMENT AND WITH RESPECT TO THE CONTRARYPRODUCT LICENSES AND THE MATERIALS AND INFORMATION CONTAINED IN THE PRODUCT LICENSES (IRRESPECTIVE OF THE BASIS OF SUCH CLAIM AND INCLUDING, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDERWITHOUT LIMITATION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, TORT CLAIMS) SHALL NOT EXCEED AN AMOUNT EQUAL BE LIMITED TO THE LAST TWO FEES PAID FOR THE PRODUCT LICENSES DURING THE SIX MONTH PERIOD PRIOR TO SUCH CLAIM BEING MADE. 3.5 SUBSCRIBER AGREES TO INDEMNIFY AND HOLD HARMLESS TBH® BRANDS, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS AND EMPLOYEES FROM ALL THIRD PARTY CLAIMS AND ALL DAMAGES, LIABILITIES, COSTS AND EXPENSES (2INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COURT COSTS) MONTHS ARISING OUT OF FEES PAYABLE OR RELATING TO THE USE BY CLIENT SUBSCRIBER OF THE PRODUCTION LICENSES OR THE INFORMATION OR MATERIALS CONTAINED IN THE PRODUCT LICENSES. 3.6 SUBSCRIBER UNDERSTANDS AND AGREES THAT THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN REPRESENT THE PARTIES’ AGREEMENT AS TO THE ALLOCATION OF RISK BETWEEN THE PARTIES IN CONNECTION WITH TBH® BRANDS’ OBLIGATIONS UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS FEES PAYABLE TO TBH® BRANDS HEREUNDER REFLECT, AND ARE SET IN RELIANCE UPON, THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT HEREIN AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE THE EXCLUSION OF CONSEQUENTIAL DAMAGES AND LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSLIABILITY SET FORTH HEREIN. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINUSER ACCESSES THE OFFERINGS, ALL SERVICES TO BE WORKSHOPS, AND WEBSITE AT HIS/HER/ITS OWN RISK. THE SMART PASS SERVICE IS PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT KIND (BEYOND THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENTWARRANTIES SET FORTH IN SECTION 10), WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESEXPRESSED, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. LEARNING POINT GROUP DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF CONTENT OBTAINED FROM THE OFFERINGS, WORKSHOPS, OR WEBSITE. LEARNING POINT GROUP DOES NOT WARRANT THAT THE INFORMATION IN THE OFFERINGS, WORKSHOPS, OR WEBSITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND INFRINGEMENTYOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO REPRESENTATION CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL LEARNING POINT GROUP OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY PERSON OR ENTITY FOR ANY PURPOSE INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR GIVE RISE CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THE WORKSHOPS, MATERIALS, AND WEBSITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU OBTAIN OR DOWNLOAD IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANY LIABILITY YOU OR YOUR COMPUTER SYSTEM IN EXCESS OF FLG WHATSOEVERTHE AMOUNT LEARNING POINT GROUP RECEIVED FROM THE YOU AND/OR THE PASS HOLDER TO PURCHASE THE SMART PASS. IN NO EVENT SHALL FLG WILL LEARNING POINT GROUP BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, DAMAGES IN EXCESS OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATAAMOUNT LEARNING POINT GROUP RECEIVED FROM THE PASS HOLDER FOR THE SMART PASS, EVEN IF CLIENT OR FLG LEARNING POINT GROUP SHALL HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, INFORMED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING ANYTHING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF LEARNING POINT GROUP, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. LEARNING POINT GROUP IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT ADVERSELY AFFECT THE USERS OR PASSHOLDERS OF SMART PASS SERVICES, OFFERINGS, WORKSHOPS, WESBITE, OR MATERIALS. NO DEALER, AGENT, OR EMPLOYEE OF LEARNING POINT GROUP IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS. LEARNING POINT GROUP DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN THIS AGREEMENT EXCESS OF THE AMOUNT LEARNING POINT GROUP RECEIVED FROM THE PASS HOLDER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY SITE. THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO MODIFY THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT FOREGOING DISCLAIMERS AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSYOU. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. 4.1 EXCEPT AS EXPRESSLY OTHERWISE SET FORTH HEREINHEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES TO BE PROVIDED BY FLG YOU ACKNOWLEDGE AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER AGREE THAT THE PRODUCTS ARE PROVIDED ON AN “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE AND “AS ISAVAILABLE” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF BASIS. THE BASIS OF THIS AGREEMENTWARRANTIES, WITHOUT WHICH FLG WOULD NOT HAVE AGREED IF ANY, SET FORTH HEREIN AND IN THE PRODUCT ATTACHMENTS ARE LIMITED TO ENTER INTO THIS AGREEMENT. FLG THEIR EXPRESS TERMS AND ARE IN LIEU OF, AND ACTIVE, ITS LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIMS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL OR STATUTORY, REGARDING THE PROFESSIONAL SERVICESWRITTEN, INCLUDING ANYANY (a) WARRANTY THAT THE PRODUCTS ARE ERROR-FREE OR “BUG”-FREE, ACCURATE, SECURE, OR RELIABLE; (b) WARRANTY THAT THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTION; (c) WARRANTY THAT ALL ERRORS WILL BE CORRECTED OR THAT THE PRODUCTS WILL COMPLY WITH ANY LAW, RULE, OR REGULATION; (d) IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NON-INFRINGEMENT; (e) IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND INFRINGEMENT(f) WARRANTY THAT THE PRODUCTS WILL MEET CLIENT’S REQUIREMENTS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG ACTIVE WILL NOT BE LIABLE FOR INDIRECT DAMAGES OR LOSSES (IN CONTRACT, STATUTE, TORT, OR OTHERWISE), INCLUDING DAMAGES FOR LOST PROFITS, LOST SAVINGS, COST OF REPLACEMENT SERVICES, LOST DATA, LOSS OF USE OF INFORMATION OR SERVICES, OR ANY INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARY, SPECIALPUNITIVE, PUNITIVE OR CONSEQUENTIAL SPECIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT WHETHER OR NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE ACTIVE HAS PREVIOUSLY BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION ONLY APPLIES WHERE ALLOWED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACTIVE’S TOTAL AGGREGATE LIABILITY FOR ALL MATTERS ARISING FROM OR RELATED TO THIS AGREEMENT IS LIMITED TO (I)THE AMOUNT OF FEES 4.2 TO THE CONTRARYEXTENT THIS AGREEMENT IS GOVERNED BY ENGLISH LAW, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, THE FOLLOWING APPLIES: ACTIVE IS LIABLE UNDER APPLICABLE STATUTORY PROVISIONS FOR INTENT AND GROSS NEGLIGENCE, MISREPRESENTATION. THE SAME APPLIES TO ASSUMPTIONS OF GUARANTEES, STRICT LIABILITY LIABILITY, OR OTHERWISEINJURY TO LIFE, LIMB, OR HEALTH. ACTIVE IS LIABLE FOR ANY NEGLIGENT BREACHES OF ESSENTIAL CONTRACTUAL OBLIGATIONS BY ACTIVE BUT THE AMOUNT SHALL NOT EXCEED AN AMOUNT EQUAL BE LIMITED TO THE LAST TWO (2) MONTHS TYPICALLY OCCURRING FORESEEABLE DAMAGE. ANY ADDITIONAL LIABILITY OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT ACTIVE IS EXCLUDED. 4.3 TO THE COMPENSATION PAID BY IT UNDER EXTENT THIS AGREEMENT REFLECTS IS GOVERNED BY AUSTRALIAN LAW, THE ALLOCATION OF RISK SET FORTH FOLLOWING APPLIES: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND EXCEPT FOR ANY CONDITION OR WARRANTY THE EXCLUSION OF WHICH COULD BE VOID OR OTHERWISE CONTRAVENE THE TRADE PRACTICES ACT 1974 (CTH) OR ANY OTHER APPLICABLE LAW (“NON EXCLUDABLE CONDITION”), ALL SOFTWARE AND SERVICES OF ACTIVE ARE PROVIDED TO YOU ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR ANY NON-EXCLUDABLE CONDITION OR OTHERWISE AS CONTAINED IN THIS AGREEMENT, ACTIVE EXPRESSLY DISCLAIMS ANY WARRANTY THAT FLG WOULD NOT ENTER THE USE OF ITS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SPECIFICATIONS WILL MEET YOUR REQUIREMENTS. WHERE LEGISLATION IMPLIES INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A ANY NON-EXCLUDABLE CONDITION, ACTIVE’S LIABILITY FOR ANY BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner ofSUCH NON-EXCLUDABLE CONDITION WILL BE LIMITED AT ACTIVE’S SOLE DISCRETION TO ONE OR MORE OF THE FOLLOWING: (i1) ninety IN THE CASE OF GOODS, ANY ONE OR MORE OF THE FOLLOWING: (90I) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; orTHE REPLACEMENT 4.4 FOR THE PURPOSES OF THIS SECTION 4 AND ANY INDEMNIFICATION PROTECTING ACTIVE UNDER THIS AGREEMENT, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsREFERENCE TO ACTIVE WILL ALSO INCLUDE ITS SUPPLIERS AND LICENSORS.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT FACT, REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, LOSS OF USE OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) later of 365 days after discovery; (ii) ninety (90) , 365 days after the termination of this Agreement; (iii) ninety (90) , or 365 days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER THE PRODUCTS ARE PROVIDED ON AN “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE AND “AS ISAVAILABLE” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF BASIS. THE BASIS OF THIS AGREEMENTWARRANTIES, WITHOUT WHICH FLG WOULD NOT HAVE AGREED IF ANY, SET FORTH HEREIN AND IN THE PRODUCT ATTACHMENTS ARE LIMITED TO ENTER INTO THIS AGREEMENT. FLG THEIR EXPRESS TERMS AND ARE IN LIEU OF, AND RA OUTDOORS, ITS LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIMS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, TERMS EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL OR STATUTORY, REGARDING THE PROFESSIONAL SERVICESWRITTEN, INCLUDING ANYANY (a) WARRANTY THAT THE PRODUCTS ARE ERROR-FREE OR “BUG”-FREE, ACCURATE, SECURE, OR RELIABLE; (b) WARRANTY THAT THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTION; (c) WARRANTY THAT ALL ERRORS WILL BE CORRECTED OR THAT THE PRODUCTS WILL COMPLY WITH ANY LAW, RULE, OR REGULATION; (d) IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NON-INFRINGEMENT; (e) IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND INFRINGEMENT(f) WARRANTY THAT THE PRODUCTS WILL MEET CLIENT’S REQUIREMENTS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG RA OUTDOORS WILL NOT BE LIABLE FOR INDIRECT DAMAGES OR LOSSES (IN CONTRACT, STATUTE, TORT, OR OTHERWISE), INCLUDING DAMAGES FOR LOST PROFITS, LOST SAVINGS, COST OF REPLACEMENT SERVICES, LOST DATA, LOSS OF USE OF INFORMATION OR SERVICES, OR ANY INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARY, SPECIALPUNITIVE, PUNITIVE OR CONSEQUENTIAL SPECIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT WHETHER OR NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE RA OUTDOORS HAS PREVIOUSLY BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN RA OUTDOORS’ TOTAL AGGREGATE LIABILITY FOR ALL MATTERS ARISING FROM OR RELATED TO THIS AGREEMENT IS LIMITED TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE ACTUALLY PAID BY CLIENT AS CONSIDERATION FOR THE SPECIFIC PRODUCT UNDER PARAGRAPH 2(A) THE APPLICABLE SCHEDULE GIVING RISE TO SUCH CLAIMS DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH THE FIRST CAUSE OF ACTION AROSE. FOR THE PURPOSES OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT SECTION 4 AND ANY INDEMNIFICATION PROTECTING RA OUTDOORS UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AGREEMENT, REFERENCE TO RA OUTDOORS WILL ALSO INCLUDE ITS SUPPLIERS AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSLICENSORS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert CTD shall have no responsibility or liability under any claim against FLG warranty or indemnity with respect to any Goods that have been: (a) mishandled, neglected or abused by the sooner of: Buyer, including Buyer’s employees and agents; (b) repaired, modified or altered in any respect other than by CTD; or (c) operated or used in any way other than for their intended purpose. Furthermore, (i) ninety (90) days after discoverythis warranty does not include defects resulting from, but not limited to, Buyer supplied design, test data or diagnostics; and (ii) ninety prototypes and pre-production/pilot products are provided on an "AS IS" basis without any warranty or indemnification. IN NO EVENT SHALL CTD BE LIABLE TO BUYER, IN CONTRACT, IN TORT (90INCLUDING NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE OR LOST PROFITS. THE WARRANTIES AND INDEMNITIES STATED HEREIN CONSTITUTE CTD’S SOLE LIABILITY AND BUYER’S SOLE REMEDY WITH RESPECT TO THE GOODS SOLD HEREUNDER. EXCEPT AS THUS PROVIDED, CTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ALL REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE REMEDIES EXPRESSLY PROVIDED HEREIN ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES, WHETHER CLAIMS ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; orOR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertainsIN NO EVENT SHALL CTD’S LIABILITY IN CONNECTION WITH THIS AGREEMENT EXCEED THE AGGREGATE PURCHASE PRICE PAID TO CTD BY BUYER PURSUANT TO THE APPLICABLE PURCHASE ORDER.

Disclaimers and Limitation of Liability. SUBJECT ALWAYS TO SECTION 13(E): (A) LIMITED WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE PLATFORM, ITS COMPONENTS, INTERFACES, ANY RELATED EQUIPMENT, ANY DOCUMENTATION, THE DATA, AND OTHER MATERIALS AND THE EXISTING TECHNOLOGY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. NONE OF THE Midas PARTIES NOR ANY THIRD-PARTY TECHNOLOGY PROVIDER MAKES (AND EACH Midas PARTY HEREBY EXCLUDES) ANY WARRANTY OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, INCLUDING, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN SECTION 13 INDEMNIFICATION HEREOF) OR ANY WARRANTY ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. WITHOUT PREJUDICE TO THE FOREGOING, THE Midas PARTIES AND ANY THIRD PARTY TECHNOLOGY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY OF THE DATA OR OTHER INFORMATION ON THE PLATFORM OR AS TO THE RESULTS TO BE ATTAINED BY YOU FROM ACCESS TO OR USE OF THE PLATFORM. THE Midas PARTIES AND ANY THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS RELATING TO ANY SOFTWARE, ANY TECHNOLOGY, ANY EQUIPMENT, THE PLATFORM, THE EXISTING TECHNOLOGY, DATA OR ANY OTHER INFORMATION, MATERIALS, CURRENCY OR THAT THE PLATFORM MEETS YOUR REQUIREMENTS OR SHALL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, ACCURATE OR FREE FROM ERRORS OR DEFECTS. YOU ACKNOWLEDGE THAT CERTAIN SOFTWARE AND EQUIPMENT USED BY YOU MAY NOT BE CAPABLE OF SUPPORTING CERTAIN FEATURES OF THE PLATFORM. WITHOUT PREJUDICE TO THE FOREGOING, YOU HEREBY ACKNOWLEDGE THAT, TO THE EXTENT THAT A Midas PARTY OR ANY THIRD PARTY TECHNOLOGY PROVIDER HAS MADE ANY WARRANTIES OR REPRESENTATIONS TO YOU, YOU HAVE NOT RELIED UPON THEM, EXCEPT FOR THOSE SPECIFICALLY SET FORTH IN THIS AGREEMENT. (B) NO ADVICE. NONE OF THE Midas PARTIES NOR ANY THIRD PARTY PROVIDERS RECOMMENDS, ENDORSES, ADVOCATES, OR SPONSORS ANY OF THE TRANSACTIONS APPEARING ON, OR MADE THROUGH THE PLATFORM. Midas IS NOT AN AUTHORISED ADVISOR OR REPRESENTATIVE AND DOES NOT GIVE FINANCIAL, TAX, EMPLOYMENT, LEGAL OR INVESTMENT ADVICE, ANY PRICE INFORMATION, FORECASTS OR INDICATIONS OF PAST PERFORMANCE ARE FOR INFORMATION PURPOSES ONLY AND DO NOT GUARANTEE FUTURE PERFORMANCE AND DO NOT CONSTITUTE AN OFFER OR ANY SOLICITATION OF AN OFFER TO BUY OR SELL ANY COMPUTATIONAL POWER, NOR TO ENTER INTO ANY TRANSACTION. YOU AGREE THAT THE PLATFORM SHALL NOT SERVE AS THE PRIMARY BASIS FOR ANY OF YOUR DECISIONS AND NONE OF THE Midas PARTIES SHALL BE, OR BE DEEMED TO BE, YOUR FINANCIAL ADVISOR OR FIDUCIARY. YOU HEREBY ACKNOWLEDGE THAT ANY RELIANCE UPON ANY DATA OR OTHER CONTENT OF THE PLATFORM SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK. (C) LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT NO Midas PARTY SHALL HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, ANY LOSS OF PROFITS, LOST DATA, LOSS OF USE OF THE PLATFORM, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS SUFFERED BY YOU, YOUR AFFILIATES AND ANY OTHER PERSON AS A RESULT OF, OR ARISING IN CONNECTION WITH, THIS AGREEMENT, EVEN IF YOU, YOUR AFFILIATE OR SUCH OTHER PERSON HAD PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS ARISING. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, EXCEPT TO THE EXTENT SET FORTH IN THIS SECTION AND 13 (b) HEREOF, THE AGGREGATE LIABILITY OF THE Midas PARTIES ANY LOSS INCURRED OR SUFFERED BY YOU, YOUR AFFILIATES OR ANY OTHER PERSON FOR ANY CAUSE WHATSOEVER RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE PLATFORM, AND REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO $25,000. THE Midas PARTIES SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH THE FAILURE BY ANY OTHER PERSON TO PERFORM ANY TRANSACTION EXECUTED VIA THE PLATFORM OR THE FAILURE OF ANY OTHER PERSON TO COMPLY WITH THE TRADING POLICIES AND PROCEDURES OR ITS AGREEMENTS WITH Midas REGARDING ACCESS TO, OR USE OF, THE PLATFORM. (D) REASONABLE ALLOCATION OF RISK. THE PARTIES HERETO ACKNOWLEDGE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 12 ARE INTEGRAL TO THE AMOUNT OF FEES PAYABLE BY FOR YOU TO ACCESS AND USE THE PLATFORM, AND THAT, WERE Midas TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO SUCH FEES WOULD OF NECESSITY BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6SET SUBSTANTIALLY HIGHER. AS SUCH, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES YOU AGREE THAT THE “AS IS” CLAUSE LIMITATIONS AND EXCLUSIONS OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING SET OUT IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONSSECTION 12 ARE REASONABLE. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREININ THIS AGREEMENT, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE GREATER OF: (I) THE LAST TWO (2) MONTHS OF FEES PAID OR PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT, OR (II) FIFTY PERCENT (50%) OF THE AGGREGATE FEES PAID OR PAYABLE UNDER THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of a commercially reasonable period after discovering the circumstances giving rise thereto, unless prevented from doing so by law or contractual restriction, in order that FLG will have the opportunity opportunity, at its expense, to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner ofof one hundred eighty (180) days after: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; or (iii) ninety (90) days after the last date on which the Services were performed; or, but no sooner in the case of (ivi) – (iii) than sixty (60) days after completion of a financial or accounting audit for of the annual period which includes the period(s) to which a claim pertains.

Disclaimers and Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY FLG AND FLG MEMBER (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY “FLG”) HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH FLG WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. FLG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT FACT, REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. IN NO EVENT SHALL FLG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT INADVERTANT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO FLG; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, USE OF ANY DATA, EVEN IF CLIENT OR FLG HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF; PROVIDED, HOWEVER, THAT THIS EXCLUSION SHALL NOT APPLY TO ANY DAMAGES RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF FLG. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARYCONTRARY AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, FLG’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER PARAGRAPH 2(A) OF THIS AGREEMENT; PROVIDED, HOWEVER, THAT THIS LIMITATION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF FLG. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FLG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS. A. As a condition for recovery of any amount by Client against FLG, Client shall give FLG written notice of the alleged basis for liability within ninety (90) days of discovering the circumstances giving rise thereto, in order that FLG will have the opportunity to investigate in a timely manner and, where possible, correct or rectify the alleged basis for liability; provided that the failure of Client to give such notice will only affect the rights of Client to the extent that FLG is actually prejudiced by such failure. Notwithstanding anything herein to the contrary, Client must assert any claim against FLG by the sooner later of: (i) ninety (90) days after discovery; (ii) ninety (90) days after the termination of this Agreement; (iii) ninety (90) days after the last date on which the Services were performed; or, (iv) sixty (60) days after completion of a financial or accounting audit for the period(s) to which a claim pertains.