Common use of Disclaimers of Warranty Clause in Contracts

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT “AS IS” AND WITH ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTY THAT PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENT.

Disclaimers of Warranty. (a) EXCEPT AS OTHERWISE SET FORTH IN ARTICLE 10.1(e), CONTRACTOR TOOLS AND CONTRACT SOFTWARE (INCLUDING WINDS), TO THE EXTENT PROVIDED FOR HEREINTO OWNER HEREUNDER, ARE LICENSED "AS IS" WITH NO WARRANTY WHATSOEVER. (b) NOTWITHSTANDING ANYTHING TO THE CONTRARY, CONTRACTOR DOES NOT GUARANTEE OR WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THE SERVICES MATERIALS IN OR WORKMANSHIP OF MATERIALS, SUPPLIES AND EQUIPMENT MANUFACTURED BY THIRD PARTIES AND FURNISHED AND INSTALLED BY CONTRACTOR IN THE PERFORMANCE OF THE WORK WHERE THE SUPPLIER OR MANUFACTURER OF SUCH MATERIALS, SUPPLIES AND EQUIPMENT ARE SUBSCRIBED TO CLIENT “AS IS” CHOSEN, SPECIFIED OR REQUIRED BY OWNER. (c) THE FOREGOING WARRANTIES ARE IN LIEU OF, AND WITH CONTRACTOR EXPRESSLY DISCLAIMS, ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION OTHER WARRANTIES AND/OR WARRANTY OF ANY KIND WHATSOEVERCONDITIONS, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICESSTATUTORY OR OTHERWISE, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY PURPOSE AND IMPLIED WARRANTY THAT PROVISION ARISING OUT OF THE SERVICES WILL BE UNINTERRUPTED COURSE OF DEALING, CUSTOM OR ERROR FREEUSAGE OF TRADE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES THE ABOVE WARRANTIES ARE THE ONLY WARRANTIES MADE BY CONTRACTOR AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED ENLARGED OR OTHERWISE CONNECTED IN ANY RESPECT DIMINISHED WITHOUT THE PARTIES' WRITTEN CONSENT. (d) TO THE SERVICESEXTENT REMEDIES ARE SET FORTH IN SECTION 10.1 FOR BREACH OF WARRANTY SET FORTH THEREIN, CONTENT THAT IS SENT BUT NOT RECEIVED, SUCH REMEDIES ARE OWNER'S SOLE AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION EXCLUSIVE REMEDIES FOR A BREACH OF CONTENTSUCH WARRANTIES.

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREINTHE LIMITED WARRANTIES SET FORTH IN SECTIONS 9 AND 10 ABOVE, THE SERVICES ARE SUBSCRIBED TO CLIENT “AS IS” PARTIES MAKE NO WARRANTIES HEREUNDER, AND WITH THE PARTIES EXPRESSLY DISCLAIM ALL FAULTS. EXCEPT AS PROVIDED FOR HEREINOTHER WARRANTIES, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND/. FRY DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR ANY WARRANTY THAT PROVISION FROM FRY'S FACILITIES AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH CLIENTS' CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF) MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH FRY WILL BE UNINTERRUPTED OR ERROR FREE. CLIENT ACKNOWLEDGES USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, FRY CANNOT GUARANTEE THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN THEY WILL NOT BE LIABLE OCCUR. ACCORDINGLY, FRY DISCLAIMS ANY AND ALL LIABILITY TO THE EXTENT RESULTING FROM OR RELATED TO SUCH EVENTS. EACH REPRESENTATIVE OF CLIENT AND ANY OTHER PERSONS VISITING THE INTERNET DATA CENTERS DOES SO AT ITS OWN RISK AND FRY ASSUMES NO LIABILITY WHATSOEVER FOR ANY CONTENTHARM TO SUCH PERSONS RESULTING FROM ANY CAUSE OTHER THAN FRY'S NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PERSONAL INJURY TO SUCH PERSONS DURING SUCH A VISIT. **** Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment under Rule 406 of the Securities Act of 1933, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENTas amended.

Disclaimers of Warranty. EXCEPT AS 7.2.1. ISC ONLY PROVIDES THE WARRANTIES EXPLICITLY SET FORTH IN THIS AGREEMENT. ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING ANY IMPLIED WARRANTIES OF NON- INTERFERENCE, NON-INFRINGEMENT, ACCURACY, MERCHANTIBILITY, QUALITY, SYSTEM INTEGRATION AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE, DOCUMENTATION, UPDATES, UPGRADES AND SUPPORT ARE PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT “AS IS” AND “WITH ALL FAULTS”. EXCEPT AS PROVIDED WARRANTIES THAT ARE GIVEN ARE SOLELY FOR HEREIN, TELESIGN DOES COMPANY’S BENEFIT AND NOT MAKE ANY REPRESENTATION AND/OR WARRANTY FOR THE BENEFIT OF ANY KIND WHATSOEVERTHIRD PARTY. 7.2.2. ALL REPRESENTATIONS AND WARRANTIES PROVIDED IN THIS AGREEMENT, EITHER EXPRESS INCLUDING ISC’S UNDERTAKING IN SECTION 8, SHALL AUTOMATICALLY CEASE TO APPLY FOR A SPECIFIC SOFTWARE RELEASE TWELVE (12) MONTHS FOLLOWING THE COMMERCIAL RELEASE OF THE LATEST UPGRADE FOR SUCH RELEASE. 7.3. LIMITATION OF LIABILITY THE LIMITATION OF LIABILITY AND EXCLUSIONS OF CERTAIN DAMAGES STATED HEREIN SHALL APPLY REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. TO THE EXTENT NOT PROHIBITED BY MANDATORY LAW, AND EXCEPT FOR THE SITUATION OF WILLFUL MISCONDUCT OR IMPLIEDFRAUD, NEITHER PARTY SHALL BE LIABLE FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING SUCH DAMAGES ARISING FROM ANY BREACH OF THIS AGREEMENT OR ANY TERMINATION OF CONTRACT, TORT OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. ISC’S AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TOTHIS AGREEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITYLICENSED SOFTWARE OR PROPRIETARY ITEMS SHALL, FITNESS FOR A PARTICULAR PURPOSEUNDER NO CIRCUMSTANCES, AND/OR ANY WARRANTY THAT PROVISION OF EXCEED THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREEFEES PAID UNDER THIS AGREEMENT TO ISC. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES THIS SECTION 7.3 DOES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED LIMIT ISC’S UNDERTAKING PURSUANT TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENTSECTION 8.

Disclaimers of Warranty. EXCEPT AS 7.2.1. ISK ONLY PROVIDES THE WARRANTIES EXPLICITLY SET FORTH IN THIS AGREEMENT. ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING ANY IMPLIED WARRANTIES OF NON- INTERFERENCE, NON-INFRINGEMENT, ACCURACY, MERCHANTIBILITY, QUALITY, SYSTEM INTEGRATION AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE, DOCUMENTATION, UPDATES, UPGRADES AND SUPPORT ARE PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT “AS IS” AND “WITH ALL FAULTS”. EXCEPT AS PROVIDED WARRANTIES THAT ARE GIVEN ARE SOLELY FOR HEREIN, TELESIGN DOES COMPANY’S BENEFIT AND NOT MAKE ANY REPRESENTATION AND/OR WARRANTY FOR THE BENEFIT OF ANY KIND WHATSOEVERTHIRD PARTY. 7.2.2. ALL REPRESENTATIONS AND WARRANTIES PROVIDED IN THIS AGREEMENT, EITHER EXPRESS INCLUDING ISK’S UNDERTAKING IN SECTION 8, SHALL AUTOMATICALLY CEASE TO APPLY FOR A SPECIFIC SOFTWARE RELEASE TWELVE (12) MONTHS FOLLOWING THE COMMERCIAL RELEASE OF THE LATEST UPGRADE FOR SUCH RELEASE. 7.3. LIMITATION OF LIABILITY THE LIMITATION OF LIABILITY AND EXCLUSIONS OF CERTAIN DAMAGES STATED HEREIN SHALL APPLY REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. TO THE EXTENT NOT PROHIBITED BY MANDATORY LAW, AND EXCEPT FOR THE SITUATION OF WILLFUL MISCONDUCT OR IMPLIEDFRAUD, NEITHER PARTY SHALL BE LIABLE FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING SUCH DAMAGES ARISING FROM ANY BREACH OF THIS AGREEMENT OR ANY TERMINATION OF CONTRACT, TORT OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. ISK’S AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TOTHIS AGREEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITYLICENSED SOFTWARE OR PROPRIETARY ITEMS SHALL, FITNESS FOR A PARTICULAR PURPOSEUNDER NO CIRCUMSTANCES, AND/OR ANY WARRANTY THAT PROVISION OF EXCEED THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREEFEES PAID UNDER THIS AGREEMENT TO ISK. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES THIS SECTION 7.3 DOES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED LIMIT ISK’S UNDERTAKING PURSUANT TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENTSECTION 8.

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT “AS IS” AND WITH ALL FAULTSThe Parties agree that the Services are based on compilation and analysis of the best sources available to CultureIQ at any given time and any opinions reflect CultureIQ judgment at the time and are subject to change. EXCEPT AS OTHERWISE PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WARRANTY OF ANY KIND WHATSOEVERCULTUREIQ DISCLAIMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES FOR ITS SERVICES, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND/. CULTUREIQ DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL REALIZE ANY WARRANTY THAT PROVISION RESULTS BY VIRTUE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREEUSE OF THE SERVICES. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT AS SUCH, NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL CONTRARY, CULTUREIQ SHALL NOT BE LIABLE FOR ANY CONTENTDAMAGES INCURRED BY OR ARISING AS A RESULT OF RELIANCE BY CLIENT UPON CULTUREIQ’S SERVICES. FURTHERMORE, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY WITH RESPECT TO THE SERVICESPLATFORM, CONTENT CULTUREIQ DOES NOT WARRANT OR GUARANTEE CLIENT’S USE OF THE PLATFORM OR THAT IS SENT BUT THE PLATFORM WILL BE FREE FROM ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION, TECHNICAL INACCURACIES, VIRUSES OR OTHER HARMFUL CODE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, CULTUREIQ SHALL NOT RECEIVED, BE LIABLE FOR ANY DAMAGES INCURRED BY OR ARISING AS A RESULT OF RELIANCE BY CLIENT UPON THE CULTUREIQ AND CONTENT SENT USING AND/OR INCLUDED IN INFORMATION PROVIDED THROUGH THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENTPLATFORM.

Disclaimers of Warranty. EXCEPT AS 7.2.1. ISA ONLY PROVIDES THE WARRANTIES EXPLICITLY SET FORTH IN THIS AGREEMENT. ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING ANY IMPLIED WARRANTIES OF NON- INTERFERENCE, NON-INFRINGEMENT, ACCURACY, MERCHANTIBILITY, QUALITY, SYSTEM INTEGRATION AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE, DOCUMENTATION, UPDATES, UPGRADES AND SUPPORT ARE PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT “AS IS” AND “WITH ALL FAULTS”. EXCEPT AS PROVIDED WARRANTIES THAT ARE GIVEN ARE SOLELY FOR HEREIN, TELESIGN DOES COMPANY’S BENEFIT AND NOT MAKE ANY REPRESENTATION AND/OR WARRANTY FOR THE BENEFIT OF ANY KIND WHATSOEVERTHIRD PARTY. 7.2.2. ALL REPRESENTATIONS AND WARRANTIES PROVIDED IN THIS AGREEMENT, EITHER EXPRESS INCLUDING ISA’S UNDERTAKING IN SECTION 8, SHALL AUTOMATICALLY CEASE TO APPLY FOR A SPECIFIC SOFTWARE RELEASE TWELVE (12) MONTHS FOLLOWING THE COMMERCIAL RELEASE OF THE LATEST UPGRADE FOR SUCH RELEASE. 7.3. LIMITATION OF LIABILITY THE LIMITATION OF LIABILITY AND EXCLUSIONS OF CERTAIN DAMAGES STATED HEREIN SHALL APPLY REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. TO THE EXTENT NOT PROHIBITED BY MANDATORY LAW, AND EXCEPT FOR THE SITUATION OF WILLFUL MISCONDUCT OR IMPLIEDFRAUD, NEITHER PARTY SHALL BE LIABLE FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING SUCH DAMAGES ARISING FROM ANY BREACH OF THIS AGREEMENT OR ANY TERMINATION OF CONTRACT, TORT OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. ISA’S AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TOTHIS AGREEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITYLICENSED SOFTWARE OR PROPRIETARY ITEMS SHALL, FITNESS FOR A PARTICULAR PURPOSEUNDER NO CIRCUMSTANCES, AND/OR ANY WARRANTY THAT PROVISION OF EXCEED THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREEFEES PAID UNDER THIS AGREEMENT TO ISA. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES THIS SECTION 7.3 DOES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED LIMIT ISA’S UNDERTAKING PURSUANT TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENTSECTION 8.

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT “AS IS” AND WITH ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/A. INSIGHTFUL MAKES NO WARRANTIES OR WARRANTY REPRESENTATIONS OF ANY KIND WHATSOEVERCONCERNING THE SERVICE(S), EITHER SOFTWARE OR EQUIPMENT OR ANY RESULTS TO BE ACHIEVED THROUGH USE OF THE SERVICE(S), SOFTWARE OR EQUIPMENT. INSIGHTFUL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH ORAL OR WRITTEN, STATUTORY OR OTHERWISE INCLUDING THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTIBILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/NON- INFRINGEMENT AND TITLE, AND ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. USE OF ANY WARRANTY INFORMATION OBTAINED THROUGH THE USE OF INSIGHTFUL’S NETWORK IS AT CUSTOMER’S OWN RISK. INSIGHTFUL SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH ITS SERVICE(S). B. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY SERVICE OUTAGE, INTERRUPTION OR DEFICIENCY OF SERVICE(S) OR FAILURE BY INSIGHTFUL TO MEET THE TERMS OF AN APPLICABLE SLA, SHALL BE THE REMEDIES PROVIDED IN THE SLA; PROVIDED THAT PROVISION ANY REMEDIES OR CREDITS CONTAINED IN THE SLA ARE NOT AVAILABLE FOR OUTAGES, INTERRUPTIONS OR DEFICIENCIES OCCURRING DURING ANY PERIOD IN WHICH CUSTOMER'S ACCOUNT HAS A PAST DUE BALANCE OR THE CUSTOMER IS OTHERWISE IN BREACH OF THE SERVICES WILL BE UNINTERRUPTED AGREEMENT. INSIGHTFUL, ITS SERVICE PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL OTHER LIABILITIES OR ERROR FREEREMEDIES FOR SUCH OUTAGES, INTERRUPTIONS OR DEFICIENCIES OF SERVICE. C. INSIGHTFUL DOES NOT AND CANNOT CONTROL THE PERFORMANCE OF ANY DATA, PRODUCTS, OR SERVICE(S) CONTROLLED BY THIRD PARTIES (OTHER THAN AGENTS OR SUBCONTRACTORS OF INSIGHTFUL WITH WHICH INSIGHTFUL HAS A WRITTEN CONTRACTUAL RELATIONSHIP (“THIRD PARTIES”)). CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM AT TIMES ACTION OR INACTION BY THIRD PARTY SOURCES PARTIES CAN IMPAIR OR DISRUPT INSIGHTFUL’ SERVICE(S). INSIGHTFUL MAKES NO REPRESENTATIONS AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE DATA, PRODUCTS, OR SERVICE(S) CONTROLLED BY ANY THIRD PARTY, INCLUDING THE PROVIDERS OF TELECOMMUNICATIONS OR NETWORK PRODUCTS OR SERVICES. SUCH DATA, PRODUCTS, AND SERVICES ARE NOT PROMISED TO BE FREE OF ERROR OR INTERRUPTION, AND INSIGHTFUL, ITS SERVICE PROVIDERS AND SUPPLIERS EXPRESSLY SET FORTH HEREINDISCLAIMS ALL LIABILITIES ARISING FROM ANY SUCH ERROR, INTERRUPTION, OR OTHER FAILURE. CLIENT AGREES CUSTOMER ACKNOWLEDGES THAT TELESIGN WILL AN INTERRUPTION IN SERVICE(S) DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF INSIGHTFUL, SUCH AS A FAILURE OF TELECOMMUNICATIONS OR NETWORK SYSTEMS NOT CONTROLLED BY INSIGHTFUL, SHALL NOT BE LIABLE CONSIDERED A SERVICE OUTAGE OR SERVICE DEFICIENCY FOR PURPOSES OF ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED REMEDY PROVIDED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENTAN APPLICABLE SLA.

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT CHANNEL PARTNER “AS IS” AND WITH ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTY THAT PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. CLIENT CHANNEL PARTNER ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT CHANNEL PARTNER AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENT.

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREINUNLESS SPECIFIED OTHERWISE IN THIS AGREEMENT OR BY A WRITTEN AGREEMENT BETWEEN PING AND LICENSEE WHICH HAS BEEN PROPERLY SIGNED BY BOTH PING AND LICENSEE, THE SERVICES ARE SUBSCRIBED TO CLIENT “FOLLOWING DISCLAIMER OF WARRANTIES OF THE SOFTWARE APPLY. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE IS AT ITS SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS” " AND WITH ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WITHOUT WARRANTY OF ANY KIND WHATSOEVERAND PING EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIEDEXPRESS, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICESIMPLIED AND STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, OR ANY WARRANTY THAT PROVISION THE OPERATION AND RESULTS OF THE SERVICES SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE. FURTHERMORE, PING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF CORRECTNESS OR ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION FROM THIRD PARTY SOURCES OR ADVICE GIVEN BY PING OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, LICENSEE (AND NEITHER TELESIGN NOR NOT PING OR ITS AUTHORIZED REPRESENTATIVES) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. MOREOVER, PING DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY OF ITS THIRD PARTY SOURCES WARRANT WARRANTIES THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN EXERCISE OF LICENSE RIGHTS PURSUANT TO THIS AGREEMENT WILL NOT BE LIABLE FOR INFRINGE ANY CONTENTCURRENT OR FUTURE INTELLECTUAL PROPERTY RIGHTS OWNED BY PERSONS OTHER THAN PING. Ping makes no representation regarding the possibility of any such infringement by use of the Software, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENTeither alone or when combined with products other than the Software. Licensee hereby agrees that Ping has no duty to investigate nor to warn Licensee of any such possibility of infringement by use of the Software when used alone or when combined with products other than the Software.

Disclaimers of Warranty. EXCEPT AS A. THE SERVICE(S) ARE PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT “"AS IS” " AND WITH ALL FAULTS. EXCEPT "AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/AVAILABLE" AND NIVACITY MAKES NO WARRANTIES OR WARRANTY REPRESENTATIONS OF ANY KIND WHATSOEVERCONCERNING THE SERVICE(S), EITHER EXPRESS SOFTWARE OR IMPLIEDEQUIPMENT OR ANY RESULTS TO BE ACHIEVED THROUGH USE OF THE SERVICE(S), IN CONNECTION WITH SOFTWARE OR EQUIPMENT. NIVACITY DISCLAIMS ALL WARRANTIES, INCLUDING THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTIBILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/NONINFRINGEMENT AND TITLE, AND ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. USE OF ANY WARRANTY INFORMATION OBTAINED THROUGH THE USE OF NIVACITY'S NETWORK IS AT CUSTOMER'S OWN RISK. NIVACITY SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH ITS SERVICE(S). B. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY SERVICE OUTAGE, INTERRUPTION OR DEFICIENCY OF SERVICE(S) OR FAILURE BY NIVACITY TO MEET THE TERMS OF AN APPLICABLE SLA, SHALL BE THE REMEDIES PROVIDED IN THE SLA; PROVIDED THAT PROVISION ANY REMEDIES OR CREDITS CONTAINED IN THE SLA ARE NOT AVAILABLE FOR OUTAGES, INTERRUPTIONS OR DEFICIENCIES OCCURRING DURING ANY PERIOD IN WHICH CUSTOMER'S ACCOUNT HAS A PAST DUE BALANCE OR THE CUSTOMER IS OTHERWISE IN BREACH OF THE SERVICES WILL BE UNINTERRUPTED AGREEMENT. NIVACITY, ITS SERVICE PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL OTHER LIABILITIES OR ERROR FREEREMEDIES FOR SUCH OUTAGES, INTERRUPTIONS OR DEFICIENCIES OF SERVICE. C. NIVACITY DOES NOT AND CANNOT CONTROL THE PERFORMANCE OF ANY DATA, PRODUCTS, OR SERVICE(S) CONTROLLED BY THIRD PARTIES. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM AT TIMES ACTION OR INACTION BY THIRD PARTY SOURCES PARTIES CAN IMPAIR OR DISRUPT NIVACITY'S SERVICE(S). NIVACITY MAKES NO REPRESENTATIONS AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE DATA, PRODUCTS, OR SERVICE(S) CONTROLLED BY ANY THIRD PARTY, INCLUDING THE PROVIDERS OF TELECOMMUNICATIONS OR NETWORK PRODUCTS OR SERVICES. SUCH DATA, PRODUCTS, AND SERVICES ARE NOT PROMISED TO BE FREE OF ERROR OR INTERRUPTION, AND NIVACITY, ITS SERVICE PROVIDERS AND SUPPLIERS EXPRESSLY SET FORTH HEREINDISCLAIMS ALL LIABILITIES ARISING FROM ANY SUCH ERROR, INTERRUPTION, OR OTHER FAILURE. CLIENT AGREES CUSTOMER ACKNOWLEDGES THAT TELESIGN WILL AN INTERRUPTION IN SERVICE(S) DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF NIVACITY, SUCH AS A FAILURE OF TELECOMMUNICATIONS OR NETWORK SYSTEMS NOT CONTROLLED BY NIVACITY, SHALL NOT BE LIABLE CONSIDERED A SERVICE OUTAGE OR SERVICE DEFICIENCY FOR PURPOSES OF ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED REMEDY PROVIDED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENTAN APPLICABLE SLA.

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREINTO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE SUBSCRIBED TO CLIENT PROVIDED “AS IS” AND WITH “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 75F EXPRESSLY DISCLAIMS ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WARRANTY WARRANTIES OF ANY KIND WHATSOEVERKIND, EITHER WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND/TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, 75F MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY WARRANTY THAT PROVISION OF INFORMATION FOUND ON THE SERVICES WILL BE UNINTERRUPTED ACCURATE OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT RELIABLE, OR THAT THE QUALITY OF ANY INFORMATION OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE ACCURATE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES INFORMATION, OBTAINED BY YOU THROUGH THE SERVICES OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE PROVIDED FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENTTHIS AGREEMENT.

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREIN(a) GEORGIA POWER, ON BEHALF OF ITSELF, EACH OF ITS AFFILIATES AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUCCESSORS AND ASSIGNS, HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES CONCERNING ANY OR ALL OF THE SERVICES ARE SUBSCRIBED OR ENERGY (OR CAPACITY) TO CLIENT “BE SOLD BY GEORGIA POWER HEREUNDER OR CONCERNING ANY INFORMATION FURNISHED BY GEORGIA POWER HEREUNDER, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AS IS” AND WITH ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/AVAILABILITY, QUALITY, QUANTITY OR OTHERWISE. (b) OGLETHORPE POWER, ON BEHALF OF ITSELF, EACH OF ITS AFFILIATES AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUCCESSORS AND ASSIGNS, HEREBY DISCLAIMS ANY WARRANTY THAT PROVISION AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES CONCERNING ANY OR ALL OF THE SERVICES WILL OR ENERGY (OR CAPACITY) TO BE UNINTERRUPTED SOLD BY OGLETHORPE POWER HEREUNDER OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES CONCERNING ANY INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENTFURNISHED BY OGLETHORPE POWER HEREUNDER, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENINGAND ALL WARRANTIES AS TO MERCHANTABILITY, DEFAMATORYFITNESS FOR A PARTICULAR PURPOSE, OBSCENEAVAILABILITY, OFFENSIVEQUALITY, QUANTITY OR ILLEGAL CONTENTOTHERWISE; PROVIDED, HOWEVER, THAT THIS SECTION 19.10(b) SHALL NOT EXTINGUISH OR IN ANY WAY AFFECT OGLETHORPE POWER'S OBLIGATION TO INDEMNIFY GEORGIA POWER UNDER SECTION 13.5(c), OR ANY ACCESS TO OR ALTERATION OF CONTENT.

Disclaimers of Warranty. (a) EXCEPT AS OTHERWISE SET FORTH IN ARTICLE 10.1(e), CONTRACTOR TOOLS AND CONTRACT SOFTWARE (INCLUDING WINDS), TO THE EXTENT PROVIDED FOR HEREINTO OWNER HEREUNDER, ARE LICENSED "AS IS" WITH NO WARRANTY WHATSOEVER. (b) NOTWITHSTANDING ANYTHING TO THE CONTRARY, CONTRACTOR DOES NOT GUARANTEE OR WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THE SERVICES MATERIALS IN OR WORKMANSHIP OF MATERIALS, SUPPLIES AND EQUIPMENT MANUFACTURED BY THIRD PARTIES AND FURNISHED AND INSTALLED BY CONTRACTOR IN THE PERFORMANCE OF THE WORK WHERE THE SUPPLIER OR MANUFACTURER OF SUCH MATERIALS, SUPPLIES AND EQUIPMENT ARE SUBSCRIBED TO CLIENT “AS IS” CHOSEN, SPECIFIED OR REQUIRED BY OWNER. (c) THE FOREGOING WARRANTIES ARE IN LIEU OF, AND WITH CONTRACTOR EXPRESSLY DISCLAIMS, ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION OTHER WARRANTIES AND/OR WARRANTY OF ANY KIND WHATSOEVERCONDITIONS, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICESSTATUTORY OR OTHERWISE, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY PURPOSE AND IMPLIED WARRANTY THAT PROVISION ARISING OUT OF THE SERVICES WILL BE UNINTERRUPTED COURSE OF DEALING, CUSTOM OR ERROR FREEUSAGE OF TRADE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES THE ABOVE WARRANTIES ARE THE ONLY WARRANTIES MADE BY CONTRACTOR AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED ENLARGED OR OTHERWISE CONNECTED IN ANY RESPECT DIMINISHED WITHOUT THE PARTIES' WRITTEN CONSENT. (d) TO THE SERVICESEXTENT REMEDIES ARE SET FORTH IN SECTION 10.1 FOR BREACH OF WARRANTY SET FORTH THEREIN, CONTENT THAT IS SENT BUT NOT RECEIVED, SUCH REMEDIES ARE OWNER'S SOLE AND CONTENT SENT USING AND/OR INCLUDED EXCLUSIVE REMEDIES FOR A BREACH OF SUCH WARRANTIES. 11. CHANGES IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION SCOPE OF CONTENT.WORK

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREINYOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES APP, THE SERVICE AND ANY CONTENT OR INFORMATION PROVIDED THEREIN ARE SUBSCRIBED TO CLIENT PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR FAULTS AND WITHOUT WARRANTY OF ANY KIND WHATSOEVERKIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT ENTERED INTO THESE TERMS IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION. E&M HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, THE SERVICE AND ANY CONTENT OR INFORMATION PROVIDED THEREIN EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICESSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTY THAT PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES RIGHTS. E&M DOES NOT WARRANT THAT THE INFORMATION APP, THE SERVICE OR ANY CONTENT PROVIDED BY THEREIN, INCLUDING ANY PARTNER CONTENT, WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APP AND SERVICE WILL BE ACCURATE UNINTERRUPTED, SECURE, ERROR-FREE OR ERROR VIRUS-FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), THAT DEFECTS WILL BE CORRECTED. NO ORAL OR ANY ACCESS TO WRITTEN INFORMATION OR ALTERATION OF CONTENTADVICE GIVEN BY E&M OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREINTO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE SUBSCRIBED TO CLIENT PROVIDED “AS IS” AND WITH “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 75F EXPRESSLY DISCLAIMS ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/OR WARRANTY WARRANTIES OF ANY KIND WHATSOEVERKIND, EITHER WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND/TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, 75F MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY WARRANTY THAT PROVISION OF INFORMATION FOUND ON THE SERVICES WILL BE UNINTERRUPTED ACCURATE OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT RELIABLE, OR THAT THE QUALITY OF ANY INFORMATION OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE SOLELY RESPONSIBLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENT.DAMAGE

Disclaimers of Warranty. EXCEPT AS A. THE SERVICE(S) ARE PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT “"AS IS” " AND WITH ALL FAULTS. EXCEPT "AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND/AVAILABLE" AND SAVVIS MAKES NO WARRANTIES OR WARRANTY REPRESENTATIONS OF ANY KIND WHATSOEVERCONCERNING THE SERVICE(S), EITHER EXPRESS SOFTWARE OR IMPLIEDEQUIPMENT OR ANY RESULTS TO BE ACHIEVED THROUGH USE OF THE SERVICE(S), IN CONNECTION WITH SOFTWARE OR EQUIPMENT. SAVVIS DOES NOT WARRANT THAT THE SERVICES, OR THE HARDWARE EQUIPMENT OR SOFTWARE UTILIZED WILL BE COMPATIBLE WITH ANY EQUIPMENT OR ACCESSED IN CONNECTION WITH SOFTWARE NOT FURNISHED BY SAVVIS. SAVVIS DISCLAIMS ALL WARRANTIES, INCLUDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTIBILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/NONINFRINGEMENT AND TITLE, AND ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SAVVIS SPECIFICALLY DISCLAIMS ANY WARRANTY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH ITS SERVICE(S), THE USE OF WHICH IS AT CUSTOMER'S OWN RISK. B. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY SERVICE OUTAGE, INTERRUPTION OR DEFICIENCY OF SERVICE(S) OR FAILURE BY SAVVIS TO MEET THE TERMS OF AN APPLICABLE SLA, SHALL BE THE REMEDIES PROVIDED IN THE SLA; PROVIDED THAT PROVISION ANY REMEDIES OR CREDITS CONTAINED IN THE SLA ARE NOT AVAILABLE FOR OUTAGES, INTERRUPTIONS OR DEFICIENCIES OCCURRING DURING ANY PERIOD IN WHICH CUSTOMER'S ACCOUNT HAS A PAST DUE BALANCE OR THE CUSTOMER IS OTHERWISE IN BREACH OF THE SERVICES WILL BE UNINTERRUPTED AGREEMENT. SAVVIS, ITS SERVICE PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL OTHER LIABILITIES OR ERROR FREEREMEDIES FOR SUCH OUTAGES, INTERRUPTIONS OR DEFICIENCIES OF SERVICE. C. SAVVIS DOES NOT AND CANNOT CONTROL THE PERFORMANCE OF ANY DATA, PRODUCTS, OR SERVICE(S) CONTROLLED OR PROVIDED BY THIRD PARTIES. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM AT TIMES ACTION OR INACTION BY THIRD PARTY SOURCES PARTIES CAN IMPAIR OR DISRUPT SAVVIS' SERVICE(S). SAVVIS MAKES NO REPRESENTATIONS AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR REGARDING THE DATA, PRODUCTS, OR SERVICE(S) CONTROLLED BY ANY CONTENTTHIRD PARTY, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENTTHE PROVIDERS OF TELECOMMUNICATIONS OR NETWORK PRODUCTS OR SERVICES. SUCH DATA, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVEDPRODUCTS, AND CONTENT SENT USING AND/SERVICES ARE NOT PROMISED TO BE FREE OF ERROR OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION INTERRUPTION, AND SAVVIS, ITS SERVICE PROVIDERS AND SUPPLIERS EXPRESSLY DISCLAIMS ALL LIABILITIES ARISING FROM ANY THREATENINGSUCH ERROR, DEFAMATORY, OBSCENE, OFFENSIVEINTERRUPTION, OR ILLEGAL CONTENT)OTHER FAILURE. CUSTOMER ACKNOWLEDGES THAT AN INTERRUPTION IN SERVICE(S) DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF SAVVIS, SUCH AS A FAILURE OF TELECOMMUNICATIONS OR NETWORK SYSTEMS NOT CONTROLLED BY SAVVIS, SHALL BE CONSIDERED A FORCE MAJEURE HEREUNDER AND NOT A SERVICE OUTAGE OR SERVICE DEFICIENCY FOR PURPOSES OF ANY REMEDY PROVIDED IN AN APPLICABLE SLA. FURTHER, SAVVIS DISCLAIMS ALL RESPONSIBILITY, WARRANTIES AND LIABILITY FOR DELAY, INTERRUPTION OR INEFFICIENCY ATTRIBUTABLE TO CUSTOMER'S HARDWARE, SOFTWARE OR ANY ACCESS TO OR ALTERATION OF CONTENTTHIRD PARTY SERVICE PROVIDER.