Common use of Disclaimers Clause in Contracts

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

Disclaimers. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH HEREININ THIS SECTION: (A) THE SUBSCRIPTION SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM WITHOUT WARRANTIES OF ANY KIND; AND (B) KNOWBE4 EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO ANY TO, THE IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO . KNOWBE4 DOES NOT WARRANT THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OPERATION OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SUBSCRIPTION SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; FREE OR (B) THAT DEFECTS IN THE QUALITY SUBSCRIPTION SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, MARKETING, OR PROMOTIONAL MATERIALS, OR ADVICE GIVEN BY KNOWBE4 OR KNOWBE4’S AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSEXPRESS WARRANTIES PROVIDED HEREIN. YOU ACKNOWLEDGE CUSTOMER ACKNOWLEDGES THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, TRAINING CONTENT IS FOR GENERAL INFORMATION PURPOSES ONLY AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU KNOWBE4 IS NOT RESPONSIBLE A LAW FIRM, NOR DOES IT PROVIDE ANY PROFESSIONAL OR ADVISORY SERVICES. THE INFORMATION PRESENTED IS NOT LEGAL ADVICE AND IS NOT TO BE ACTED ON AS SUCH. THE SUBSCRIPTION SERVICES MAY CONTAIN THE TRADE NAMES OR TRADEMARKS OF VARIOUS THIRD PARTIES AND, IF SO, ANY SUCH USE IS FOR ILLUSTRATIVE AND EDUCATIONAL PURPOSES ONLY. ALL SUBSCRIPTION SERVICES AND COMPANY NAMES ARE PROPERTY OF THEIR RESPECTIVE OWNERS. USE OR DISPLAY OF THE TRADEMARKS DOES NOT IMPLY ANY DELAYSAFFILIATION WITH, DELIVERY FAILURESENDORSEMENT BY, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE ASSOCIATION OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY KIND BETWEEN SUCH THIRD PARTIES AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSKNOWBE4.

Disclaimers. EXCEPT THE FOREGOING WARRANTIES ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS FOR THE EXPRESS WARRANTIES SET FORTH HEREIN3DS OFFERINGS, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWNON-INFRINGEMENT. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS 3DS DISCLAIMS ALL LIABILITY FOR ANY USE OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS APPLICATION OF THE MENUSIFU SYSTEM, THE SERVICES ANY 3DS OFFERING OR THE RESULTS YOU MAY OBTAIN OR DECISIONS MADE OR OBTAINED BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY USERS OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO 3DS OFFERING. 3DS DOES NOT REPRESENT OR WARRANT THAT (AI) THE FUNCTIONS OF ANY 3DS OFFERING WILL MEET CUSTOMER’S REQUIREMENTS OR WILL ENABLE IT TO ATTAIN THE OBJECTIVES CUSTOMER HAS SET FOR ITSELF, (II) THE 3DS OFFERING WILL OPERATE IN THE COMBINATION OR ENVIRONMENT SELECTED FOR USE BY CUSTOMER, OR (III) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES 3DS OFFERING WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; FREE OF ERRORS. IN ALL INSTANCES, CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ENSURING THAT THE RESULTS PRODUCED BY THE 3DS OFFERING COMPLY WITH QUALITY AND SAFETY REQUIREMENTS OF CUSTOMER’S PRODUCTS OR SERVICES. NO EMPLOYEE OR AGENT OF 3DS IS AUTHORIZED TO GIVE A GREATER OR DIFFERENT WARRANTY. CUSTOMER SHALL HAVE EXCLUSIVE RESPONSIBILITY FOR (A) SELECTION OF THE 3DS OFFERING TO ACHIEVE CUSTOMER’S INTENDED RESULTS, (B) THE QUALITY INSTALLATION OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESLICENSED PROGRAM, INCLUDING THE INTERNET(C) TAKING ADEQUATE MEASURES TO PROPERLY TEST, OPERATE, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYSUSE EACH 3DS OFFERING, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES(D) RESULTS OBTAINED THEREFROM. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS3DS exercises no control over, DELIVERY FAILURESand assumes no responsibility or liability for any Customer content or third party content, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSincluding databases and digital models provided or published via the 3DS Offerings.

Disclaimers. EXCEPT (a) FAILURE TO ANY EXTENT TO MAKE AVAILABLE, OR ANY SLOW-DOWN, STOPPAGE OR INTERRUPTION OF ANY LESSOR SERVICES DESCRIBED IN THIS ARTICLE 5 RESULTING FROM ANY CAUSE WHATSOEVER (OTHER THAN LESSOR’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) SHALL NOT RENDER LESSOR LIABLE IN ANY RESPECT FOR DAMAGES, NOR BE CONSTRUED AS AN EVICTION OF LESSEE (ACTUAL OR CONSTRUCTIVE) NOR RELIEVE LESSEE FROM FULFILLMENT OF ANY COVENANT OR AGREEMENT HEREOF. NEITHER LESSOR NOR ANY OF ITS LESSOR INDEMNIFIED PARTIES SHALL BE LIABLE TO LESSEE OR ANY OF THE EXPRESS WARRANTIES SET FORTH HEREINLESSEE INDEMNIFIED PARTIES FOR ANY LOSSES ARISING OUT OF THE PROVISION AND DELIVERY OF (OR FAILURE TO PROVIDE AND DELIVER) ANY LESSOR SERVICES, MENUSIFU AND LESSEE HEREBY RELEASES THE LESSOR INDEMNIFIED PARTIES FROM ALL SUCH LOSSES. (b) LESSEE ASSUMES ALL RISKS AND LIABILITIES IN CONNECTION WITH ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM USE OF ANY LESSOR SERVICES PROVIDED BY LESSOR PURSUANT TO THE TERMS OF THIS LEASE OTHER THAN TO THE EXTENT ARISING FROM LESSOR’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. LESSEE HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED WARRANTIES IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING OR WITH REGARD RESPECT TO THE MENUSIFU SYSTEMLESSOR SERVICES SO PROVIDED INCLUDING WITHOUT LIMITATION (I) THE NATURE, INCLUDING BUT NOT LIMITED QUALITY, CHARACTER OR SUFFICIENCY OF FACILITIES AND EQUIPMENT UTILIZED TO SUPPLY THE LESSOR SERVICES TO LESSEE; (II) THE CONDITION OF THE LESSOR SERVICES; (III) ANY IMPLIED WARRANTIES SPECIFIC PRESSURE OR VOLUME OF YOUR ABILITYFIREWATER, IT BEING UNDERSTOOD THAT NO SUCH GUARANTEE IS PROVIDED BY LESSOR, AND THAT THERE MAY BE TIMES WHEN THE FIREWATER SERVICE TO EITHER OR BOTH THE TANKS AND THE REFINERY IS INTERRUPTED OR UNAVAILABLE; (IV) THE COMPLIANCE OF OR BY THE LESSOR SERVICES WITH ANY APPLICABLE LAWS; (V) THE MERCHANTABILITY, OR FITNESS OF THE LESSOR SERVICES FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (BVI) ANY OTHER MATTER WITH RESPECT TO THE QUALITY OF LESSOR SERVICES OR THEIR RESPECTIVE DELIVERY FACILITIES (COLLECTIVELY THE MENUSIFU SYSTEM “DISCLAIMED MATTERS”). LESSEE HEREBY WAIVES ANY SUCH DISCLAIMED MATTERS. FURTHER, LESSOR MAKES NO WARRANTY OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND REPRESENTATION THAT THE MENUSIFU SYSTEM MAY BE SUBJECT LESSOR SERVICES CONFORM TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR LESSEE’S SPECIFICATIONS OR ANY DELAYS, DELIVERY FAILURES, LEGAL OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSINDUSTRY STANDARDS.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINLIMITED WARRANTY SPECIFIED ABOVE, MENUSIFU THE SOFTWARE IS PROVIDED “AS IS” AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM DEVOLUTIONS EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OTHER WARRANTIES, EXPRESSED OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM(WHETHER ARISING BY STATUTE, INCLUDING BUT NOT LIMITED COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, WARRANTY OF TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS), IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, TITLEIMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, NON- INFRINGEMENT COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME THE ENTIRE RISK AND QUALITYRESPONSIBILITY AS TO PERFORMANCE AND FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND OBJECTIVES (INCLUDING ANTICIPATED PROFITS OR SAVINGS DERIVED FROM THE USE OF THE SOFTWARE), WHETHER OR NOT DISCLOSED TO DEVOLUTIONS. WITHOUT LIMITING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWFOREGOING PROVISIONS, DEVOLUTIONS MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE, VIRUS-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. MENUSIFU AND ITS DEVOLUTIONS PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS COMPONENTS INCORPORATED INTO OR WARRANTIES REGARDING INTERACTING WITH THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMSOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) DEVOLUTIONS HAS NO OBLIGATION TO DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETFOREGOING WARRANTY DISCLAIMERS ARE IN ADDITION TO, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT NOT IN REPLACEMENT OF, ANY OTHER WARRANTY DISCLAIMER APPLYING TO LIMITATIONSOPEN SOURCE SOFTWARE AS PROVIDED IN APPLICABLE PUBLIC LICENSES, DELAYS, WHICH DISCLAIMERS ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED DEEMED TO APPLY TO YOU ON AN "AND EACH USER FOR THE BENEFIT OF DEVOLUTIONS AND ALL OPEN SOURCE SOFTWARE CONTRIBUTORS (AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSAPPLICABLE).

Disclaimers. EXCEPT YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE AT&T DEVELOPMENT TOOL SET, THE AT&T SERVICE AND ANY SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE AT&T DEVELOPMENT TOOL SET, AT&T SERVICE AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AT&T, AT&T’S AGENTS AND AT&T’S DEVELOPERS (COLLECTIVELY REFERRED TO AS “AT&T” FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU PURPOSES OF SECTIONS 9.4.2 AND ITS THIRD-PARTY PROVIDERS 9.4.3) HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS WITH REGARD RESPECT TO THE MENUSIFU SYSTEMAT&T DEVELOPMENT TOOL SET, AT&T SERVICE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WITHOUT LIMITATION THE IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITYACCURACY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AT&T DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MENUSIFU SYSTEMAT&T DEVELOPMENT TOOL SET OR SERVICES, THAT THE SERVICES AT&T DEVELOPMENT TOOL SET OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY OPERATION OF THE AT&T DEVELOPMENT TOOL SET, THE AT&T SERVICE OR THE PROVISION OF SERVICES WILL BE SUBJECT TO LIMITATIONSUNINTERRUPTED, DELAYSTIMELY, AND OTHER PROBLEMS INHERENT SECURE OR ERROR-FREE, THAT DEFECTS OR ERRORS IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSAT&T DEVELOPMENT TOOL SET, DELIVERY FAILURES, AT&T SERVICE OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS SERVICES WILL BE DISCOVERED, REPORTED OR REMEDIEDCORRECTED, OR THAT THERE THE AT&T DEVELOPMENT TOOL SET, AT&T SERVICE OR SERVICES WILL BE COMPATIBLE WITH FUTURE AT&T PRODUCTS, SERVICES OR SOFTWARE, OR THAT ANY INFORMATION STORED OR TRANSMTTTED THROUGH ANY AT&T DEVELOPMENT TOOL SET, AT&T SERVICE OR SERVICES WILL NOT BE ANY SECURITY BREACHES LOST, CORRUPTED OR DAMAGED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIRD PARTIES. EXCEPT WHERE AT&T OR AN AT&T AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSTATED IN THIS AGREEMENT.

Disclaimers. EXCEPT i. CUSTOMER UNDERSTANDS THAT COINLIST IS PERFORMING THE SERVICES HEREUNDER IN RELATION TO DATA THAT HAVE BEEN PRODUCED BY CUSTOMER, SUPPLIED TO CUSTOMER BY USER OR THIRD PARTIES OR SUPPLIED TO COINLIST BY USERS. COINLIST WILL UNDERTAKE ITS PROCEDURES AS SET FORTH AND PURSUANT TO THE BANK SECRECY ACT OF 1970 AND THE SECURITIES ACT OF 1933, EACH AS AMENDED, IN PERFORMING ITS SERVICES HEREUNDER BUT HAS NO RESPONSIBILITY FOR THE EXPRESS WARRANTIES SET FORTH ACCURACY AND COMPLETENESS OF ANY DATA RECEIVED FROM CUSTOMER, CUSTOMER’S USERS, OR OTHER THIRD PARTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COINLIST MATERIALS, SOFTWARE AND SYSTEMS ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MENUSIFU COINLIST DISCLAIMS ALL WARRANTIES AS TO THE COINLIST MATERIALS, SOFTWARE AND ITS SYSTEMS, EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, COINLIST MAKES NO REPRESENTATION OR WARRANTY THAT ANY THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS MATERIALS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT CONTENT (SUCH AS DIRECT DATA FEEDS AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE CONTENT POSTED ON COINLIST’S WEB-SITE, BUT NOT INCLUDING THIRD-PARTY MATERIALS MADE FOR COINLIST (E.G. WORK MADE FOR HIRE)) BASED UPON ANY THIRD-PARTY MATERIALS ENCOMPASSED IN THE SERVICES OR COINLIST MATERIALS ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT COINLIST MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU THAT ACCESS TO AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES INTERNET WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; , OR (B) THE QUALITY FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. ii. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CUSTOMER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT, ITS RECEIPT OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESSERVICES, OR OTHER DAMAGE OR LOSS OTHERWISE ARISING OUT OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSCUSTOMER’S RELATIONSHIP WITH COINLIST HEREUNDER.

Disclaimers. EXCEPT 9.1 JUNIPER NETWORKS ASSUMES NO LIABILITY WHATSOEVER FOR ANY ACT, WHETHER INTENTIONAL, NEGLIGENT OR OTHERWISE, OF ANY PERSON CERTIFIED UNDER THE EXPRESS WARRANTIES SET FORTH HEREINPROGRAM. JUNIPER NETWORKS MAKES NO REPRESENTATIONS OR WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO TO, ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, PURPOSE WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED PROGRAM TRACKS, COURSE MATERIALS, DOCUMENTATION, REQUIREMENTS, EXAMS, AND OTHER MATERIALS PREPARED AND SUPPLIED BY APPLICABLE LAWOR ON BEHALF OF JUNIPER NETWORKS UNDER THIS AGREEMENT OR AUTHORIZATION HEREUNDER. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ALL MATERIALS PROVIDED ON JUNIPER NETWORKS WEBSITES ARE PROVIDED “AS IS.” JUNIPER NETWORKS DOES NOT WARRANT THAT THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEMANY INFORMATION, THE SERVICES LINKS OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. OTHER MATERIALS INCLUDED IN ITS WEB SITES OR THAT ITS SOFTWARE IS ERROR FREE OR WILL OPERATE WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT PROBLEMS OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. INTERRUPTION. 9.2 YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL YOU HAVE INDEPENDENTLY EVALUATED THE TRANSFER POTENTIAL RISKS AND BENEFITS OF DATA OVER COMMUNICATIONS FACILITIESENTERING INTO THIS AGREEMENT AND OF PERFORMING UNDER THIS AGREEMENT, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSBY ENTERING INTO THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT YOU HAVE IN NO WAY RELIED ON ANY ASSURANCES OR GUARANTEE THAT ANY REPRESENTATIONS OF JUNIPER NETWORKS OR ALL SECURITY ATTACKS WILL BE DISCOVEREDANYONE PURPORTING TO ACT ON ITS BEHALF REGARDING THE POTENTIAL FUTURE BUSINESS, REPORTED PROFITS, OPPORTUNITIES, REVENUES, COSTS OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSCAPITAL INVESTMENTS.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINSERVICES, MENUSIFU THIRD PARTY FEATURES, AND ITS THIRD-THIRD PARTY PROVIDERS HEREBY DISCLAIM SOFTWARE ARE NOT SUBJECT TO ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE LICENSED SOFTWARE AND SERVICES, AND CUSI EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMOTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESECURITY, NON- TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN CONNECTION WITH THE SERVICES, TECHNICAL SUPPORT SERVICES, AND QUALITY, DATA MANAGEMENT SERVICES . LICENSEE ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES PROVIDED HEREIN AND THAT NO WARRANTIES ARE MADE HEREIN BY ANY OF CUSI’S LICENSORS. CUSI DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS MEET ALL OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY BUSINESS REQUIREMENTS OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT LICENSEE OR WARRANT THAT (A) THE OPERATION OR LICENSEE’S USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; FREE OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR UNINTERRUPTED. LICENSEE ACKNOWLEDGES THAT THE SERVICES WILL MEET YOUR REQUIREMENTSARE PROVIDED TO ASSIST LICENSEE IN ITS BUSINESS OPERATIONS AND NOT AS A REPLACEMENT OF LICENSEE’S EXPERTISE AND KNOWLEDGE OF ITS BUSINESS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER APPLICATION AND IMPACT OF DATA OVER COMMUNICATIONS FACILITIESLAWS CAN VARY WIDELY BASED ON THE SPECIFIC FACTS INVOLVED. GIVEN THE CHANGING NATURE OF LAWS, INCLUDING RULES AND REGULATIONS, THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY SERVICES ARE NOT WARRANTED TO BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESCOMPLIANCE WITH THESE LEGAL CHANGES AT ALL TIMES. MENUSIFU LICENSEE IS NOT SOLELY RESPONSIBLE FOR ANY DELAYSLICENSEE DATA INPUT INTO THE SERVICES, DELIVERY FAILURESALL INFORMATION AND LICENSEE DATA UPON WHICH CUSI RELIES IN PROVIDING THE SERVICES AND THE ACCURACY OF ANY CONFIGURATION OF THE SERVICES, INCLUDING SITUATIONS WHERE CUSI HAS WORKED WITH LICENSEE THROUGH TECHNICAL SUPPORT AND MAINTENANCE SERVICES TO CONFIGURE THE SERVICES. THE SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT CUSI IS NOT RENDERING LEGAL, ACCOUNTING, TAX OR OTHER DAMAGE PROFESSIONAL ADVICE OR LOSS OF PROFIT RESULTING OTHER PROFESSIONAL ADVICE OR SERVICES FROM CUSI. AS SUCH, SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEMCONSULTATION, SERVICES AND CONTENT ARE PROVIDED INFORMATION OBTAINED THROUGH USE OF THE SERVICES SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH PROFESSIONAL ACCOUNTING, TAX, LEGAL OR OTHER COMPETENT ADVISERS AND FROM A COMPLETE REVIEW AND TESTING BY LICENSEE PRIOR TO YOU IMPLEMENTING THE SERVICES OR RESULTS OF SERVICES INTO A PRODUCTION ENVIRONMENT. IF THE SERVICES INCLUDE HOSTING, LICENSEE AGREES THAT CUSI WILL NOT HAVE ANY RESPONSIBILITY FOR THE SECURITY OF ITS SYSTEMS AND LICENSEE DATA BEYOND THOSE SET FORTH IN SECTION 8.1. IF THE LICENSED SOFTWARE IS ON AN "AS IS" BASISLICENSEE’S SYSTEMS OR SYSTEMS UNDER LICENSEE’S CONTROL, EXCLUSIVE LICENSEE SHALL BE SOLELY RESPONSIBLE FOR THE SECURITY OF ANY WARRANTY WHATSOEVERSUCH SYSTEMS AND LICENSEE DATA. EACH PARTY DISCLAIMS ALL LIABILITY LICENSEE SHALL HAVE FULL RESPONSIBILITY FOR ACQUIRING AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSMAINTAINING SECURE INTERNET ACCESS TO THE SERVICES.

Disclaimers. THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN THIS SECTION 4 AND THE SPECIAL WARRANTY OF TITLE IN THE ASSIGNMENT TO BE DELIVERED AT CLOSING (COLLECTIVELY “SELLER’S WARRANTIES”) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING AND EXCEPT FOR SELLER’S WARRANTIES, THE EXPRESS WARRANTIES SET FORTH HEREINPROPERTIES SHALL BE CONVEYED PURSUANT HERETO WITHOUT (a) ANY WARRANTY OR REPRESENTATION, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIED WARRANTIES WITH REGARD OTHERWISE, RELATING TO (i) TITLE TO THE MENUSIFU SYSTEMPROPERTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYTHE CONDITION, QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, CONFORMITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING FITNESS FOR ANY PURPOSE, (ii) THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT, (iii) PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE MENUSIFU SYSTEMPROPERTIES OR THE ABILITY OR POTENTIAL OF THE PROPERTIES TO PRODUCE HYDROCARBONS, (iv) THE ENVIRONMENTAL CONDITION OF THE PROPERTIES, BOTH SURFACE AND SUBSURFACE, OR (v) ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER OR BY SELLER’S AGENTS OR REPRESENTATIVES, OR (b) ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. PRIOR TO CLOSING SELLER SHALL HAVE PROVIDED BUYER WITH FULL AND COMPLETE ACCESS TO THE PROPERTIES (BOTH SURFACE AND SUBSURFACE) AND BUYER SHALL HAVE INSPECTED, OR WAIVED (AND UPON CLOSING SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT, THE SERVICES PROPERTIES FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMDISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (“NORM”). WITHOUT LIMITING THE GENERALITY SELLER FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS, STATUTORY OR IMPLIED, OF MERCHANTABILITY, FREEDOM FROM LATENT VICES OR DEFECTS, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OF ANY PROPERTIES, RIGHTS OF A PURCHASER UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE FOREGOINGPURCHASE PRICE, MENUSIFU IT BEING EXPRESSLY UNDERSTOOD AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT AGREED BY THE PARTIES HERETO THAT BUYER SHALL BE DEEMED TO BE OBTAINING THE PROPERTIES IN THEIR PRESENT STATUS, CONDITION AND STATE OF REPAIR, “AS IS” AND “WHERE IS” WITH ALL FAULTS OR WARRANT THAT DEFECTS (KNOWN OR UNKNOWN, LATENT, DISCOVERABLE OR UNDISCOVERABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NONE OF THE FOREGOING DISCLAIMERS, RIGHTS OF INSPECTION OR WAIVERS BY BUYER WILL: (A) IN ANY WAY AFFECT OR LESSEN SELLER’S SOLE LIABILITY AND RESPONSIBILITY WITH RESPECT TO THE OPERATION EXCLUDED PROPERTIES INCLUDING, WITHOUT LIMITATION, THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR USE DISPOSAL OF THE MENUSIFU SYSTEM HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREENORM; OR (B) ADVERSELY AFFECT BUYER’S RIGHTS TO BE INDEMNIFIED WITH RESPECT TO THE QUALITY OF EXCLUDED PROPERTIES AS PROVIDED IN SECTION 12. SELLER AND BUYER AGREE THAT, TO THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY EXTENT REQUIRED BY APPLICABLE LAW TO BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUEFFECTIVE, THE MENUSIFU SYSTEM, SERVICES DISCLAIMERS OF CERTAIN REPRESENTATIONS AND CONTENT WARRANTIES CONTAINED IN THIS SECTION 4(k) ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSAPPLICABLE LAW.

Disclaimers. IN ADDITION TO THE DISCLAIMERS IN THE GENERAL TERMS OF THIS AGREEMENT, MWS AND MWS MATERIALS ARE PROVIDED "AS IS". WE AND OUR AFFILIATE COMPANIES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING MWS OR MWS MATERIALS, INCLUDING ANY WARRANTY THAT MWS OR MWS MATERIALS WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY SOFTWARE, DATA, TEXT, AUDIO, VIDEO, IMAGES, OR OTHER CONTENT YOU ACCESS, USE, STORE, RETRIEVE, OR TRANSMIT IN CONNECTION WITH MWS, INCLUDING YOUR INFORMATION, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT FOR TO THE EXPRESS WARRANTIES SET FORTH HEREINEXTENT PROHIBITED BY LAW, MENUSIFU WE AND ITS THIRD-PARTY PROVIDERS HEREBY OUR AFFILIATES AND LICENSORS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENON- INFRINGEMENT, NON- INFRINGEMENT OR QUIET ENJOYMENT, AND QUALITYANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS NEITHER WE NOR ANY OF OUR AFFILIATES OR WARRANTIES REGARDING THE RELIABILITYLICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, AVAILABILITYREIMBURSEMENT, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT DAMAGES ARISING IN CONNECTION WITH: (A) THE OPERATION INABILITY TO USE MWS OR MWS MATERIALS, INCLUDING AS A RESULT OF ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED ACCESS TO MWS OR ERROR-FREEMWS MATERIALS; OR (B) THE QUALITY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO MWS OR MWS MATERIALS; OR (D) ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO MWS OR MWS MATERIALS. WE AND OUR AFFILIATE COMPANIES AND LICENSORS MAY DISCONTINUE PROVIDING OR DEPRECATE MWS AND ANY MWS MATERIALS, AND MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF MWS AND ANY MWS MATERIALS FROM TIME TO TIME, AND YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATE COMPANIES OR LICENSORS WILL BE LIABLE TO YOU FOR ANY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSFOREGOING ACTIONS.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREININ SECTIONS 10.1 AND 10.3 ARE YOUR EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, AND LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND WARRANTIES OF STATUTORY NON-INFRINGEMENT. NO THIRD PARTY, NON- INFRINGEMENT AND QUALITYINCLUDING AGENTS, DISTRIBUTORS, OR AUTHORIZED LICENSOR RESELLERS IS AUTHORIZED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS MODIFY ANY OF THE MENUSIFU SYSTEM, THE SERVICES ABOVE WARRANTIES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY MAKE ANY ADDITIONAL WARRANTIES ON BEHALF OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO LICENSOR.. LICENSOR DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT USE OF THE MENUSIFU SYSTEM SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE OR TO THE MINIMUM PRESCRIBED BY LAW. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHT. YOU MAY HAVE OTHER RIGHTS, WHICH VARY DEPENDING ON THE TERRITORY IN WHICH THE SOFTWARE WAS FURNISHED TO YOU. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY LIABILITY OF LICENSOR WHICH CANNOT BE EXCLUDED OR LIMITED BY ANY LAW OR REGULATION APPLICABLE TO THIS AGREEMENT. FOR WARRANTY ASSISTANCE CONTACT LICENSOR OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) RESELLER FROM WHOM YOU OBTAINED THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSOFTWARE.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINLIMITED WARRANTY SPECIFIED ABOVE, MENUSIFU THE SOFTWARE IS PROVIDED “AS IS” AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM WE EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OTHER WARRANTIES, EXPRESSED OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM(WHETHER ARISING BY STATUTE, INCLUDING BUT NOT LIMITED COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, WARRANTY OF TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS), IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, TITLEIMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, NON- INFRINGEMENT COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME THE ENTIRE RISK AND QUALITYRESPONSIBILITY AS TO PERFORMANCE AND FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR REQUIREMENTS OR INTENDED RESULTS AND OBJECTIVES, WHETHER OR NOT DISCLOSED TO US. WE MAKE NO REPRESENTATION AND GIVE NO WARRANTY THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE WILL BE ERROR-FREE, VIRUS-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. MENUSIFU AND ITS WE PROVIDE NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS COMPONENTS INCORPORATED INTO OR WARRANTIES REGARDING INTERACTING WITH THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMSOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) WE HAVE NO OBLIGATION TO DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETFOREGOING WARRANTY DISCLAIMERS ARE IN ADDITION TO, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT NOT IN REPLACEMENT OF, ANY OTHER WARRANTY DISCLAIMER APPLYING TO LIMITATIONSOPEN SOURCE SOFTWARE AS PROVIDED IN APPLICABLE PUBLIC LICENSES, DELAYS, WHICH DISCLAIMERS ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED DEEMED TO APPLY TO YOU ON AN "AND EACH USER FOR THE BENEFIT OF US AND ALL OPEN SOURCE SOFTWARE CONTRIBUTORS (AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSAPPLICABLE).

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREININ THIS SECTION 9, MENUSIFU NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ITS THIRD-EACH PARTY PROVIDERS HEREBY DISCLAIM SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYPURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRDNON-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYREVENUEWELL APPLICATIONS, AVAILABILITYTRIAL SERVICES, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETCONTENT, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, BETA SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "ENTIRELY “AS IS" BASIS” AND “AS AVAILABLE”, EXCLUSIVE OF ANY WARRANTY WARRANTIES WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. FURTHER, REVENUEWELL EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH PATIENTS, CLIENTS OR SITE USERS, AND YOU WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS. YOU WILL BE SOLELY RESPONSIBLE FOR THE PROFESSIONAL AND TECHNICAL SERVICES YOU PROVIDE. REVENUEWELL HAS NO LIABILITY FOR THE CONSEQUENCES TO YOU OR YOUR PATIENTS, CONSUMERS OR SITE USERS OF YOUR USE OF THE SERVICE. REVENUWELL OFFERS NO ASSURANCE THAT YOUR USE OF THE SERVICE UNDER THE TERMS OF THIS AGREEMENT WILL NOT VIOLATE ANY LAW OR REGULATION APPLICABLE TO YOU. REVENUEWELL AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICE OR THE CONTENT ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT, TAX, LEGAL, MEDICAL, OR OTHER PROFESSIONALS. THE SERVICE DOES NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREININ THIS SECTION 8, MENUSIFU NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ITS THIRD-EACH PARTY PROVIDERS HEREBY DISCLAIM SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYPURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYNON- REVENUEWELL APPLICATIONS, AVAILABILITYFREE TRIAL SERVICES, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETCONTENT, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, BETA SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "ENTIRELY “AS IS" BASIS” AND “AS AVAILABLE”, EXCLUSIVE OF ANY WARRANTY WARRANTIES WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-THIRD- PARTY HOSTING PROVIDERS. FURTHER, REVENUEWELL EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH PATIENTS, CLIENTS, CONSUMERS, END CUSTOMERS OR SITE USERS (“YOUR CUSTOMERS”), AND YOU WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS. YOU WILL BE SOLELY RESPONSIBLE FOR THE PROFESSIONAL AND TECHNICAL SERVICES YOU PROVIDE. REVENUEWELL HAS NO LIABILITY FOR THE CONSEQUENCES TO YOUR CUSTOMERS RELATED TO OR RESULTING FROM YOUR MISUSE OF THE SERVICE. REVENUWELL OFFERS NO ASSURANCE THAT YOUR USE OF THE SERVICE UNDER THE TERMS OF THIS AGREEMENT WILL NOT VIOLATE ANY LAW OR REGULATION APPLICABLE TO YOU. REVENUEWELL AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICE OR THE CONTENT ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE ARE NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT, TAX, LEGAL, MEDICAL, OR OTHER PROFESSIONALS. THE SERVICE DOES NOT PROVIDE TAX, MEDICAL OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE IF REQUIRED.

Disclaimers. EXCEPT 0 AND ASSOCIATED COMMENTARY, WEB MATERIALS AND OTHER DOCUMENTS PRESENTED ON THE MMDA WEBSITE HAVE BEEN PREPARED ONLY AS A GUIDE FOR NEGOTIATION AND DRAFTING. THEY MAY NOT CONTAIN ALL OF THE EXPRESS WARRANTIES SET FORTH HEREINNECESSARY OR APPROPRIATE PROVISIONS FOR ANY PARTICULAR TRANSACTION. EXAMPLES FROM EXISTING MINE DEVELOPMENT AGREEMENTS ARE PROVIDED AS ILLUSTRATIONS ONLY. THESE MATERIALS ARE TOOLS THAT MAY AID NEGOTIATORS AND DRAFTERS IN DEVELOPING AGREEMENTS, MENUSIFU OR MAY SERVE AS EDUCATIONAL MATERIALS. USING THESE MATERIALS TO DEVELOP ACTUAL AGREMENTS WITHOUT THE NECESSARY LEVEL OF SKILL AND EXPERIENCE, AND DEEP KNOWLEDGE OF THE LAW OF THE COUNTRY CONCERNED, AS WELL AS INTERNATIONAL STANDARDS, WOULD CREATE VERY SERIOUS RISKS FOR WHICH THE INTERNATIONAL BAR ASSOCIATION, ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD COMMITTEES, AND THE INDIVIDUALS WHO HAVE CONTRIBUTED TO THE MENUSIFU SYSTEM, INCLUDING BUT DEVELOPMENT OF THESE MATERIALS ARE NOT LIMITED TO LIABLE. EACH ARTICLE OF THIS DOCUMENT SHOULD BE CAREFULLY REVIEWED BY COMPETENT COUNSEL EXPERIENCED IN SIMILAR TRANSACTIONS BEFORE IT OR ANY IMPLIED WARRANTIES PART OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWIT IS USED IN AN ACTUAL TRANSACTION. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESANY ARTICLES, INCLUDING THE INTERNETARTICLES IN THIS DOCUMENT, MUST BE ADAPTED TO THE SPECIFIC FACTS AND CIRCUMSTANCES SURROUNDING THE PARTICULAR TRANSACTION AND THE RELATIONSHIP OF THE PARTIES. ADDITIONAL ARTICLES NOT PRESENTED HERE MAY WELL BE NECESSARY TO PROTECT THE PARTIES’ RIGHTS. PARTIES REFERRING TO THIS DOCUMENT SHOULD CONSULT WITH LEGAL, TAX AND ACCOUNTING ADVISORS EXPERIENCED IN SIMILAR TRANSACTIONS BEFORE FINALIZING ANY AGREEMENT ON MATTERS OF THE IMPORTANCE OF MINING DEVELOPMENT AGREEMENTS. PARTIES REFERRING TO OR USING THIS DOCUMENT OR ANY OF THE OTHER MATERIALS PRESENTED ON THE MMDA WEBSITE DO SO AT THEIR OWN RISK. NO PARTY ASSOCIATED WITH THE DEVELOPMENT OF THIS DOCUMENT SHALL BE LIABLE FOR LOSSES OR DAMAGES THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN RESULT FROM THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR THIS DOCUMENT OR ANY DELAYS, DELIVERY FAILURESPORTION OR VARIATION THEREOF, OR ANY OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSMATERIALS PRESENTED IN CONJUNCTION WITH THE MMDA 1.0. WITHOUT LIMITING THE FOREGOINGMMDA 1.0 is the product of almost two years of work by members of the Mining Law Committee of the International Bar Association. Despite its name, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDit is not an agreement, REPORTED OR REMEDIEDin the sense that one could print it out, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIESinsert names of parties, and sign it. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUMMDA 1.0 is a collection of examples from existing mine development agreements and other materials that are designed to help negotiators and drafters by stimulating them to think about some of the difficult issues of legality, THE MENUSIFU SYSTEMfairness, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASISand balance presented by large foreign natural resource investment, EXCLUSIVE OF ANY WARRANTY WHATSOEVERparticularly in developing countries. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRDOn one hand, MMDA 1.0 may be useful as an agenda for negotiating such an investment. On the other hand, MMDA 1.0 may be useful to the lawyers tasked with drafting an agreement for such an investment. Good and effective agreements result when all parties understand and think clearly about the issues being negotiated. The purpose of MMDA 1.0 is therefore not to be an form agreement, but to stimulate negotiators and drafters to think clearly, and educate users about the issues. Out of that process, agreements may emerge. MMDA 1.0 is based on the belief that mining investors, and countries, and civil society share some fundamental interests, and that all interests benefit from long term stability of investment conditions. Long-PARTY HOSTING PROVIDERSterm stability comes when all interests benefit from an agreement, and when the agreement contributes to both business success and the sustainable development of the societies in which mines operate. Many commentators on MMDA 1.0 have suggested that developing nations should move away from mining agreements and toward investment based on clear legal codes: mining codes, tax codes, environmental laws and other generally applicable legal dispositions that apply equally to all that come. Many of the drafters of MMDA 1.0 agree philosophically with this position. However, agreements continue to be used in a number of jurisdictions. Indeed, some countries seem to be moving from code systems to contract arrangements. There are also some jurisdictions where codes deal with some, but not all, of the necessary issues in a major mine development, and a contractual agreement may be needed to supplement the matters dealt with in legislation. Indeed, some commentators suggested that the expectations of what mining investment is supposed to bring to a country have increased so dramatically that many codes simply do not deal adequately with such issues as the desires of local communities, social aspects of closure, or dispute resolution, to name a few. The MMDA 1.0 is not designed as a long-term alternative to mining codes. It is up to host countries what kind of investment regime to adopt, and for those who choose to operate through contracts, the MMDA 1.0 is designed as a tool to assist in negotiating and drafting such agreements.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD A. TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE ▇▇▇▇▇▇ SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, ▇▇▇▇▇▇ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS. THE RESULTS YOU SERVICES MAY OBTAIN BY USING THE MENUSIFU SYSTEM. BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY. B. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO ▇▇▇▇▇▇ DOES NOT REPRESENT MAKE ANY REPRESENTATION OR WARRANT THAT WARRANTY THAT: (A1) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (2) THE SERVICES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR-FREE; (3) THE USE OF THE SERVICES WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (4) THE TRANSMISSION OF INFORMATION TO AND FROM THE SERVICES WILL BE SECURE; (5) THE USE OF THE SERVICES WILL NOT INFRINGE UPON THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (B6) THE QUALITY USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET NOT CAUSE ANY DAMAGE TO YOUR REQUIREMENTSDEVICE, SYSTEMS, SOFTWARE OR ELECTRONICS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL C. COMMENTS OR OPINIONS EXPRESSED REGARDING THE TRANSFER SERVICES ARE THOSE OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THEIR RESPECTIVE USERS ONLY. THE INTERNET, VIEWS EXPRESSED ON THE SERVICES AND THAT IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE VIEWS OF SUCH COMMUNICATIONS FACILITIES▇▇▇▇▇▇. MENUSIFU ▇▇▇▇▇▇ IS NOT RESPONSIBLE FOR ANY DELAYSFOR, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUAND DISCLAIMS LIABILITY IN RELATION TO, THE MENUSIFU SYSTEMUSER CONTENT POSTED, SERVICES AND CONTENT ARE PROVIDED UPLOADED OR OTHERWISE SUBMITTED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSTHROUGH THE SERVICES.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES 9.1 ALL SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET FORTH HEREINOUT IN THIS AGREEMENT, MENUSIFU VENDOR HAS NOT MADE, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL DOES NOT MAKE, ANY WARRANTIES, EITHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED. VENDOR’S DISCLAIMER INCLUDES, INCLUDING BUT IS NOT LIMITED TO ANY IMPLIED TO, THE WARRANTIES OF YOUR ABILITYNON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO VENDOR DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELYUNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE; , SECURE OR (B) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. VENDOR IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, THE QUALITY CONTENT OF THE MENUSIFU SYSTEM ANY DATA TRANSFERRED TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES WILL MEET YOUR REQUIREMENTSPROVIDED BY US. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS VENDOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THIRD-PARTY PROVIDERS CONTROL THE TRANSFER SERVICES, REGARDLESS OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY WHETHER THOSE SERVICES APPEAR TO BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESPROVIDED BY US. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES NO WARRANTIES MADE BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THESE THIRD-PARTY HOSTING PROVIDERSENTITIES TO US SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD-PARTY BENEFICIARY OF SUCH WARRANTIES. 9.2 THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM VENDOR, ITS EMPLOYEES, THIRD PARTIES, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION. 9.3 SOME STATES DO NOT ALLOW US TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.

Disclaimers. THE PARTIES AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE OPERATIVE, THE DISCLAIMERS OF WARRANTIES CONTAINED IN THIS SECTION ARE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSES OF ANY APPLICABLE LAW, RULE OR ORDER. THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN THIS AGREEMENT, AND THE TITLE WARRANTIES IN THE CONVEYANCES OF THE CONVEYED INTERESTS TO BE DELIVERED AT EACH CLOSING, (COLLECTIVELY “SELLER’S’ WARRANTIES”) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING AND EXCEPT FOR SELLER’S WARRANTIES, THE EXPRESS WARRANTIES SET FORTH HEREINCONVEYED INTERESTS SHALL BE CONVEYED PURSUANT HERETO WITHOUT (A) ANY WARRANTY OR REPRESENTATION, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIED WARRANTIES WITH REGARD OTHERWISE, RELATING TO (I) TITLE TO THE MENUSIFU SYSTEMCONVEYED INTERESTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYTHE CONDITION, QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, CONFORMITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING FITNESS FOR ANY PURPOSE, (II) THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO PURCHASER IN CONNECTION WITH THIS AGREEMENT, (III) PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE MENUSIFU SYSTEM, THE SERVICES CONVEYED INTERESTS OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY ABILITY OR POTENTIAL OF THE FOREGOINGCONVEYED INTERESTS TO PRODUCE HYDROCARBONS, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (AIV) THE OPERATION OR USE ENVIRONMENTAL CONDITION OF THE MENUSIFU SYSTEM CONVEYED INTERESTS, BOTH SURFACE AND SUBSURFACE, (V) ANY IMPLIED OR THE SERVICES WILL BE TIMELYEXPRESS WARRANTY OF NON-INFRINGEMENT, UNINTERRUPTED OR ERROR-FREE; (VI) ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO PURCHASER BY SELLER OR BY SELLER’S AGENTS OR REPRESENTATIVES, OR (B) ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. PURCHASER SHALL HAVE INSPECTED, OR WAIVED (AND UPON EACH CLOSING SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT, THE QUALITY CONVEYED INTERESTS FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS. PURCHASER IS RELYING SOLELY UPON THE TERMS OF THIS AGREEMENT AND ITS OWN INSPECTION OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETCONVEYED INTERESTS, AND THAT PURCHASER SHALL ACCEPT ALL OF THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT SAME IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "THEIR “AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSWHERE IS” CONDITION.

Disclaimers. EXCEPT FOR 6.1 WITHOUT LIMITING 2RING’S OBLIGATIONS IN THE EXPRESS WARRANTIES SET FORTH HEREINSLA, MENUSIFU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 2RING SERVICE IS PROVIDED TO SUBSCRIBER ON AN “AS- IS”, “WHERE IS” AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM “AS AVAILABLE” BASIS. 2RING DISCLAIMS ALL EXPRESS EXPRESS, IMPLIED OR IMPLIED STATUTORY WARRANTIES WITH REGARD RESPECT TO THE MENUSIFU SYSTEM2RING SERVICE AND ANY RELATED SERVICES PROVIDED BY 2RING OR ITS AFFILIATES, INCLUDING BUT NOT LIMITED ANY SYSTEMS, NETWORKS OR ENVIRONMENTS, RELATED TO ANY THE FOREGOING, INCLUDING THE IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWNON-INFRINGEMENT. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO 2RING DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES 2RING SERVICE WILL BE TIMELYUNINTERRUPTED, UNINTERRUPTED SECURE, OR ERROR-FREE; , OR THAT ALL DEFECTS WILL BE CORRECTED. 2RING AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE 2RING SERVICE OR ANY RELATED SERVICES PROVIDED BY 2RING OR ITS AFFILIATES THAT ARISE FROM SUBSCRIBER CONTENT OR THIRD PARTY PRODUCTS OR THIRD PARTY APIS. SUBSCRIBER ACKNOWLEDGES THAT ACTIONS INITIATED BY ANY USER ON THE 2RING SERVICE MAY IRREVOCABLY MODIFY AND/OR DELETE SUBSCRIBER CONTENT IN WHOLE OR IN PART AND SUBSCRIBER AGREES THAT 2RING IS NOT RESPONSIBLE OR LIABLE FOR ANY RESULTING LOSS OR MODIFICATION OF SUBSCRIBER CONTENT. 6.2 NOTWITHSTANDING 2RING’S USE OR INTEGRATION OF THIRD PARTY APIS IN CONNECTION WITH SUBSCRIBER’S USE OF THIRD-PARTY PRODUCTS WITH THE 2RING SERVICE, 2RING IS NOT RESPONSIBLE FOR: (A) ANY ISSUES THAT ARISE FROM SUBSCRIBER’S USE OF SUCH THIRD PARTY PRODUCTS OR THIRD PARTY APIS, (B) ANY ERRORS, INACCURACIES, INCOMPLETENESS, NON-AVAILABILITY OR INTERRUPTIONS, CORRUPTION, OF OR IN ANY THIRD- PARTY PRODUCTS OR THIRD PARTY APIS, OR ANY DATA OR INFORMATION ACCESSED IN OR PULLED FROM SUCH THIRD PARTY PRODUCTS OR THIRD PARTY APIS, (C) ANY CHANGES TO THE QUALITY FEATURES OR SPECIFICATIONS, OF ANY SUCH THIRD PARTY PRODUCTS OR THIRD PARTY APIS, OR TO PROVIDE SUBSCRIBER WITH UPDATES, FIXES, OR SERVICES ON THE MENUSIFU SYSTEM 2RING SERVICE RELATED TO ANY THIRD PARTY PRODUCTS OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESAPIS, INCLUDING THE INTERNETOR ANY CHANGES MADE BY ANY THIRD PARTY TO SUCH THIRD PARTY PRODUCTS, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONSTHIRD PARTY APIS, DELAYSOR SUBSCRIBER CONTENT, AND OTHER PROBLEMS INHERENT IN OR (D) ANY THIRD PARTY CHARGES FOR THE USE OF SUCH COMMUNICATIONS FACILITIESTHIRD PARTY PRODUCTS OR THIRD PARTY APIS. MENUSIFU 2RING IS NOT RESPONSIBLE FOR OBLIGATED TO MAINTAIN OR SUPPORT ANY DELAYS, DELIVERY FAILURES, SUCH THIRD PARTY APIS OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSPRODUCTS, OR PAY ANY CHARGES FOR ANY SUCH THIRD PARTY APIS OR THIRD PARTY PRODUCTS. SUBSCRIBER ASSUMES ALL RISK ARISING FROM THE USE OF ANY SUCH THIRD- PARTY PRODUCTS OR THIRD PARTY APIS, OR ANY DATA OR INFORMATION ACCESSED IN OR PULLED FROM SUCH THIRD PARTY PRODUCTS OR THIRD PARTY APIS.

Disclaimers. EXCEPT FOR a. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TO, WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT NON-INFRINGEMENT, AND QUALITYFREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF b. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE SPECTERR SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO YOUR USE OF THE SPECTERR PLATFORM AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY TUNEBAT. c. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEMYOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE SERVICES OR DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE RESULTS YOU MAY OBTAIN MAXIMUM EXTENT PERMITTED BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSLAW.

Disclaimers. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREININ THIS SECTION, MENUSIFU SENTINELONE DISCLAIMS ANY AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED WARRANTIES IMPLIED, ORAL OR WRITTEN) WITH REGARD RESPECT TO SENTINELONE SOLUTIONS OR ANY SENTINELONE SERVICES, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE MENUSIFU SYSTEMTRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED ALL WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR ANY PURPOSE (WHETHER OR NOT SUCH PARTY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), NON-INFRINGEMENT OR CONDITION OF TITLE. MSSP ON BEHALF OF ITSELF AND MSSP USERS ACKNOWLEDGES THAT THE MSSP USERS ARE SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE ACCURACY AND ADEQUACY OF ANY OUTPUT FROM THE SOLUTION, NON- INFRINGEMENT AND QUALITY, FOR ANY RELIANCE THEREON AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW MSSP AND MSSP USER WAIVE ANY AND ALL CAUSES OF ACTION OR CLAIMS AGAINST US ARISING THEREFROM OR RELATING THERETO. MENUSIFU SENTINELONE CANNOT AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR DOES NOT WARRANT THE RESULTS YOU THAT MAY OBTAIN BE OBTAINED BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES SOLUTION. THIS DISCLAIMER AND EXCLUSION WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY APPLY EVEN IF ANY EXPRESS WARRANTY HEREIN FAILS OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSESSENTIAL PURPOSE.

Disclaimers. EXCEPT FOR AS STATED UNDER THIS AGREEMENT, MERITAGE PROVIDES THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU SERVICES “AS IS” AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD “AS AVAILABLE” AND TO THE MENUSIFU SYSTEMMAXIMUM EXTENT PERMITTED BY LAW, SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WITHOUT LIMITATION IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLECOURSE OF DEALING, NON- INFRINGEMENT TITLE AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWNON‐ INFRINGEMENT. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS RELIED ON NO REPRESENTATIONS OR SUCH WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMIN ENTERING INTO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO MERITAGE DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELYFREE FROM LOSS OR LIABILITY INCLUDING that ARISING OUT OF ANY THIRD‐PARTY TECHNOLOGY, UNINTERRUPTED THIRD PARTY ACTION, SUCH AS UNAUTHORIZED ACCESS BY ANY THIRD PARTY, OR ERROR-FREEANY ACT OR OMISSION OF CUSTOMER. MERITAGE EXPRESSLY DISCLAIMS ANY WARRANTY OR LIABILITY WITH RESPECT TO COMPLIANCE WITH LAWS, RULES OR REGULATIONS APPLICABLE TO CUSTOMER, WHICH SHALL BE THE SOLE RESPONSIBILITY OF CUSTOMER. MERITAGE DOES NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF customer materials or ANY ADVICE, REPORT, DATA OR DELIVERABLES OBTAINED BY CUSTOMER FROM THE CUSTOMER MATERIALS SUBMITTED TO THE SERVICES, SUCH ADVICE, REPORTS, DATA OR DELIVERABLES ARE PROVIDED “AS IS” AND MERITAGE SHALL NOT BE LIABLE FOR ANY INACCURACY THEREOF. MERITAGE SHALL NOT BE RESPONSIBLE OR LIABLE FOR: (A) ANY DAMAGES IF, AND TO THE EXTENT, CAUSED BY CUSTOMER’S FAILURE TO PERFORM ITS OBLIGATIONS, AS SET FORTH IN THIS AGREEMENT OR AN ORDER FORM; (B) ANY CORRUPTION, DAMAGE, LOSS OR MIS‐TRANSMISSION OF CUSTOMER MATERIALS, UNLESS SUCH TRANSMISSION IS THE RESPONSIBILITY OF MERITAGE; OR (BC) THE QUALITY SECURITY OF CUSTOMER MATERIALS DURING TRANSMISSION FROM CUSTOMER’S FACILITIES TO THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSCLOUD PLATFORM. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESCustomer acknowledges that the Services may be subject to limitations, INCLUDING THE INTERNETdelays, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONSand other problems inherent in the use of the Internet and electronic communications. Meritage is not responsible for any delays, DELAYSfailures, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSor other damage resulting from such problems.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN(a) The Services are not to be construed in any way whatsoever as legal advice or of a legal nature. (b) PLANSTIN HEREBY DISCLAIMS AND EXPRESSLY WAIVES ANY AND ALL WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT . ALL SERVICES ARE PROVIDED “AS IS.” PLANSTIN IS PROVIDING SERVICES TO ASSIST CLIENT. CLIENT IS RESPONSIBLE FOR REVIEWING INFORMATION ASSOCIATED WITH THE SERVICES AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND RESULTS OBTAINED FROM ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS USE OF THE MENUSIFU SYSTEMINFORMATION ASSOCIATED WITH THE SERVICES. NOTHING IN THIS AGREEMENT, AND NOTHING IN PLANSTIN’S STATEMENTS TO CLIENT, MAY BE CONSTRUED AS A PROMISE OR GUARANTEE ABOUT THE POTENTIAL OUTCOME OF UTILIZING THE SERVICES OR THE RESULTS YOU MAY OBTAIN BENEFITS OR THE SUCCESS OF CLIENT’S BUSINESS. PLANSTIN’S ENTIRE LIABILITY AND CLIENTS’ SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS WARRANTY IS FOR PLANSTIN, UPON RECEIPT OF WRITTEN NOTICE, TO USE DILIGENT EFFORTS TO CURE A BREACH. (c) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THIS AGREEMENT, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING OTHER PARTY OR SUCH THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR THE GENERALITY CONSULTING SERVICES, REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT POSSIBILITY OF OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF COULD HAVE FORESEEN SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSDAMAGES.

Disclaimers. EXCEPT YOU AGREE AND ACKNOWLEDGE FOR OUR BENEFIT, AND FOR THE EXPRESS WARRANTIES SET FORTH HEREINBENEFIT OF BUFFALO INC. AND OUR SUPPLIER AND LICENSORS, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THAT USE OF THE MENUSIFU SYSTEMSERVICE, INCLUDING BUT NOT LIMITED TO ANY AND ALL TECHNOLOGIES AND TOOLS, IS WITHOUT WARRANTY OF ANY KIND AND THAT THE ACCESS TO AND USE OF THE SERVICE, AS PROVIDED UNDER THE TERMS OF SERVICE, IS PROVIDED “AS IS AND WHERE IS.” ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF YOUR ABILITYNON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND WARRANTIES BASED ON CUSTOM AND PRACTICE. APPLICABLE LAW MAY NOT ALLOW THE ABOVE EXCLUSION OF IMPLIED WARRANTIES, NON- INFRINGEMENT SO THE EXCLUSION MAY NOT APPLY TO YOU AND QUALITY, SHALL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED ALLOWED BY APPLICABLE LAW. MENUSIFU WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOTWITHSTANDING THE ABOVE, WE MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT OR USING YOUR CREDENTIALS (INCLUDING YOUR PASSWORD), AND ITS THIRD-PARTY PROVIDERS MAKE IN NO REPRESENTATIONS EVENT, AND UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE TO YOU FOR ANY LIABILITIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY DAMAGES ARISING OUT OF: (I) ANY ACTION OR COMPLETENESS INACTION OF BUFFALO UNDER THIS PROVISION; OR (II) ANY COMPROMISE OF THE MENUSIFU SYSTEMCONFIDENTIALITY OF YOUR ACCOUNT OR PASSWORD OR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR USE OF YOUR PASSWORD; PROVIDED THAT, THIS DISCLAIMER, IN THIS PARAGRAPH, SHALL NOT APPLY TO THE SERVICES EXTENT SUCH COMPROMISE, ACCESS, OR USE IS CAUSED SOLELY BY OUR BREACH OF THE RESULTS EXPRESS TERMS OF THIS TERMS OF SERVICE OR ITS VIOLATION OF LAW, AS PROVIDED BY CLEAR AND CONVINCING EVIDENCE. YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMNOT USE ANYONE ELSE’S ACCOUNT AT ANY TIME. Your login credentials and/or account information for the Service may be used only by you and only while the Terms of Service is in effect. Under no circumstances will you share your login credentials and/or account information with any other person or entity. You are responsible for all use of the Service that occurs under your account, and you agree to notify us of any unauthorized access of which you become aware. We reserve the right to take such action in our discretion to help ensure the security of the Service, including, without limitation, suspending or terminating an account. WITHOUT LIMITING THE GENERALITY FORCE OF THE FOREGOINGANY OTHER DISCLAIMERS HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT ARE RESPONSIBLE FOR ANY DELAYSPERSON USING THE SERVICE UNDER YOUR LOGIN CREDENTIALS OR AUTHORITY, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT YOU ARE PROVIDED RESPONSIBLE TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSPERSONS RELYING ON THE SERVICE. YOU UNDERSTAND AND AGREE THAT THE ALL DISCLAIMERS ARE MADE FOR OUR BENEFIT AND THE BENEFIT OF BUFFALO INC., OUR SUPPLIERS AND LICENSORS.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREININ THIS SECTION 7 ARE IN LIEU OF ALL OTHER WARRANTIES, MENUSIFU EXPRESS, IMPLIED OR STATUTORY, REGARDING THE LICENSED SOFTWARE AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM TECHNICAL SUPPORT SERVICES, AND CUSI EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMOTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESECURITY, NON- TITLE AND NON-INFRINGEMENT AND QUALITY, TO OF THIRD PARTY RIGHTS. LICENSEE ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR EXPRESS WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, PROVIDED HEREIN AND THAT NO WARRANTIES ARE MADE HEREIN BY ANY OF CUSI’S LICENSORS. LICENSEE ACKNOWLEDGES THAT THE MENUSIFU SYSTEM MAY BE SUBJECT LICENSED SOFTWARE AND TECHNICAL SUPPORT SERVICES ARE PROVIDED TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT ASSIST LICENSEE IN THE USE OF SUCH COMMUNICATIONS FACILITIESTHE LICENSED SOFTWARE AND NOT AS A REPLACEMENT OF LICENSEE’S EXPERTISE AND KNOWLEDGE OF ITS BUSINESS. MENUSIFU THE APPLICATION AND IMPACT OF LAWS CAN VARY WIDELY BASED ON THE SPECIFIC FACTS INVOLVED. GIVEN THE CHANGING NATURE OF LAWS, RULES AND REGULATIONS, THE LICENSED SOFTWARE AND TECHNICAL SUPPORT ARE NOT WARRANTED TO BE IN COMPLIANCE WITH THESE LEGAL CHANGES AT ALL TIMES. LICENSEE IS NOT SOLELY RESPONSIBLE FOR ANY DELAYSDATA INPUT INTO THE LICENSED SOFTWARE AND THE ACCURACY OF ANY CONFIGURATION OF THE LICENSED SOFTWARE, DELIVERY FAILURESINCLUDING SITUATIONS WHERE CUSI HAS WORKED WITH LICENSEE THROUGH TECHNICAL SUPPORT SERVICES TO CONFIGURE THE LICENSED SOFTWARE. THE LICENSED SOFTWARE AND/OR TECHNICAL SUPPORT SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT CUSI IS NOT RENDERING LEGAL, ACCOUNTING, TAX OR OTHER DAMAGE PROFESSIONAL ADVICE OR OTHER PROFESSIONAL ADVICE OR SERVICES FROM CUSI. AS SUCH, SUCH CONSULTATION, TECHNICAL SUPPORT SERVICES AND INFORMATION OBTAINED THROUGH USE OF THE LICENSED SOFTWARE SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH PROFESSIONAL ACCOUNTING, TAX, LEGAL OR OTHER COMPETENT ADVISERS AND FROM A COMPLETE REVIEW AND TESTING BY LICENSEE PRIOR TO IMPLEMENTING THE LICENSED SOFTWARE OR RESULTS OF TECHNICAL SUPPORT SERVICES INTO A PRODUCTION ENVIRONMENT. LICENSEE AGREES THAT IT HAS FULL RESPONSIBILITY FOR THE SECURITY OF ITS SYSTEMS AND DATA AND THAT CUSI SHALL HAVE NO LIABILITY FOR A BREACH OF LICENSEE'S SYSTEMS OR ANY LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSLICENSEE'S DATA.

Disclaimers. EXCEPT TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF OR INABILITY TO USE THE EXPRESS SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES SET FORTH HEREINOF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMAND IMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETITLE AND NONINFRINGEMENT, NON- INFRINGEMENT AND QUALITYWARRANTIES ARISING FROM COURSE OF DEALING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCOURSE OF PERFORMANCE AND USAGE OF TRADE. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR YOUR USE OF THE MENUSIFU SYSTEM OR SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-ERROR FREE; , OR (B) THE QUALITY THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF THE MENUSIFU SYSTEM VIRUSES, WORMS, TROJAN HORSES OR THE SERVICES WILL MEET YOUR REQUIREMENTSOTHER DESTRUCTIVE PROGRAMMING. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN ANY MATERIAL OBTAINED THROUGH THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU THE SERVICES IS NOT ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF PROFIT RESULTING DATA THAT RESULTS FROM ANY SUCH PROBLEMSMATERIAL. WITHOUT LIMITING WE MAKE NO WARRANTY REGARDING THE FOREGOINGQUALITY, MENUSIFU DOES NOT WARRANT ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE RELIABILITY OF ANY WARRANTY WHATSOEVERCONTENT. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSAny general advice that may be posted on the Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider. The Services are intended for use only within the United States and its territories. We make no representation that the Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

Disclaimers. EXCEPT FOR THE EXPRESS SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND TECHBANK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES SET FORTH HEREINAND CONDITIONS OF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS WHETHER EXPRESS, IMPLIED, OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMSTATUTORY , INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES ALL W ARRANTIES OR CONDITIONS OF YOUR ABILITYMERCHANT ABILITY , FITNESS FOR A PARTICULAR P AR TICULAR PURPOSE, TITLE, NON- INFRINGEMENT QUIET ENJOYMENT , ACCURACY, OR NON-INFRINGEMENT. WE (AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS OUR SUPPLIERS) MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT WARRANTY THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE TRANSFER SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DATA OVER COMMUNICATIONS FACILITIESFIRST USE. TECHBANK DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE INTERNETCUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. TECHBANK DOES NOT CONTROL OR VET CUSTOMER CONTENT AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSWHAT USERS POST, DELIVERY FAILURESTRANSMIT, OR OTHER DAMAGE SHARE ON OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSTHROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES TECHBANK IS NOT WARRANT RESPONSIBLE OR GUARANTEE THAT LIABLE IN ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS MANNER FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYOTHER THAN AS EXPLICITLY STATED UNDER THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR SOFTWARE AND THE RESULTS YOU MAY OBTAIN BY USING DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS. THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE'S OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELYSECURE, UNINTERRUPTED OR UNINTERRUPTED, ERROR-FREE; , FREE OF VIRUSES, BUGS, WORMS, OTHER HARMFUL COMPONENTS OR (B) OTHER PROGRAM LIMITATIONS. TO THE QUALITY OF EXTENT ALLOWED BY LAW, THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESCOMPANY EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES, INCLUDING THE INTERNETALL IMPLIED WARRANTIES, AND THAT ALL CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE MENUSIFU SYSTEM MAY BE SUBJECT IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, NON-INTERFERENCE, NON-INFRINGEMENT, FITNESS FOR APARTICULAR PURPOSE, SATISFACTORY QUALITY AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, DUE TO LIMITATIONSTHE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU COMPANY DOES NOT WARRANT THAT THE SOFTWARE OR GUARANTEE ANY EQUIPMENT OR SYSTEM SUPPLIED BY THE COMPANY WITH THE SOFTWARE (IF ANY), WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. TO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR ALL SECURITY ATTACKS WILL BE DISCOVEREDWARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD AND REMEDIES REFERRED TO IN SUBSECTION 4.1 ABOVE. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, REPORTED OR REMEDIED, OR THAT THERE WILL SO THE LIMITATION DESCRIBED ABOVE MAY NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED APPLY TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSYOU.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH HEREININ SECTION 10, MENUSIFU AND ITS THIRDWE MAKE NO WARRANTIES REGARDING THE SOFTWARE OR SERVICES. NO ORAL INFORMATION OR ADVICE GIVEN BY US OR A JAMF-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR AUTHORIZED RESELLER WILL CREATE A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE . MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS WE DO NOT WARRANT AGAINST ALL INTERFERENCE WITH YOUR ENJOYMENT OF THE MENUSIFU SYSTEMSOFTWARE OR SERVICES, THAT THE SERVICES FUNCTIONS CONTAINED IN THE SOFTWARE OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT WE WILL CORRECT ALL DEFECTS IN THE SOFTWARE OR SERVICES. YOU ACKNOWLEDGE WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION THAT NEITHER MENUSIFU NOR ITS THE SOFTWARE OR SERVICES WILL DETECT OR PREVENT ANY SYSTEM ATTACK, THREAT, MALWARE OR VULNERABILITY. WE MAKE NO GUARANTEES AND PROVIDE NO WARRANTY REGARDING THIRD-PARTY PROVIDERS CONTENT OR THIRD-PARTY PATCH MATERIALS. THE WARRANTIES JAMF PROVIDES IN SECTION 10 DO NOT APPLY TO THIRD-PARTY CONTENT OR THIRD- PARTY PATCH MATERIALS AND JAMF DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OR LOSS RELATED TO THIRD- PARTY CONTENT OR THIRD-PARTY PATCH MATERIALS. FURTHER, JAMF DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSCONTENT, DELIVERY FAILURES, MATERIALS OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU PRODUCTS FOUND ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSWEBSITES THAT ARE ACCESSED BY A USER ON A DEVICE THAT IS USING THE SOFTWARE OR SERVICES.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN The Property is demised and let by the ----------- Lessor "AS IS" BASISin its present condition, EXCLUSIVE subject to (a) the rights of any parties in possession thereof, (b) the state of the title thereto existing at the time the Lessor acquired title to its interest in the Property, (c) any state of facts which an accurate survey or physical inspection might show (including the survey delivered on the Lease Term Commencement Date), (d) all Applicable Laws and Regulations and (e) any violations of Applicable Laws and Regulations which may exist on the Lease Term Commencement Date. The Lessee has examined the Property and (insofar as the Lessee is concerned) has found the same to be satisfactory. THE LESSOR HAS NOT MADE NOR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, NOR SHALL BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO THE VALUE, HABITABILITY, CONDITION, DESIGN, OPERATION, OR FITNESS FOR USE OF THE PROPERTY (OR ANY PART THEREOF), OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY , EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY (OR ANY PART THEREOF) AND INDEMNIFICATION OBLIGATIONS THE LESSOR SHALL NOT BE LIABLE FOR ANY HARM LATENT, HIDDEN, OR DAMAGES CAUSED BY PATENT DEFECT THEREIN OR THE FAILURE OF THE PROPERTY, OR ANY THIRDPART THEREOF, TO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS except that the Lessor hereby represents and warrants that the Property is and shall be free of Lessor Liens attributable to Lessor. It is agreed that the Lessee has been afforded full opportunity to inspect the Property, is satisfied with the results of its inspections of the Property and is entering into this Lease solely on the basis of the results of its own inspections and all risks incident to the matters discussed in the preceding sentence, as between the Lessor, on the one hand, and the Lessee, on the other, are to be borne by the Lessee. The Lessee acknowledges that the Property has been subject to a sale-PARTY HOSTING PROVIDERSleaseback transaction among the Lessee, the Seller and the Lessor and, therefore, the Lessee is fully familiar with the condition of the Property and is not looking to any other Person as to any warranty with respect thereto. The provisions of this Article VII have been negotiated, and, except to the extent otherwise expressly stated, the foregoing provisions are intended to be a complete exclusion and negation of any representations or warranties by the Lessor, express or implied, with respect to the Property, that may arise pursuant to any law now or hereafter in effect, or otherwise.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOU AGREE THAT YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE DIGICERT'S SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET IS SOLELY AT YOUR REQUIREMENTSOWN RISK. YOU ACKNOWLEDGE AGREE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF ALL SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND AS AVAILABLE BASIS, EXCLUSIVE EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, DIGICERT EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS, CONDITIONS AND REPRESENTATIONS OF ANY WARRANTY WHATSOEVERKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EACH PARTY DISCLAIMS ALL DIGICERT DOES NOT MAKE ANY WARRANTY, TERM, CONDITION OR REPRESENTATION THAT THE SERVICE WILL MEET YOUR REQUIRMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES DIGICERT MAKE ANY WARRANTY, TERM, CONDITION OR REPRESENTATION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DIGICERT'S SERVICES IS DONE ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIGICERT OR THROUGH ITS SERVICES SHALL CREATE ANY WARRANTY, TERM, CONDITION OR REPRESENTATION, UNLESS IT IS EXPRESSLY MADE HEREIN. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS, CONDITIONS OR REPRESENTATIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. DIGICERT IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR WITH RESPECT TO ANY HARM PRODUCTS AND/OR DAMAGES CAUSED SERVICES PURCHASED BY ANY THIRD-PARTY HOSTING PROVIDERSYOU FROM A THIRD PARTY.

Disclaimers. EXCEPT FOR YOUR USE OF THIS FORUM IS AT YOUR SOLE RISK. THE EXPRESS FORUM IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE FORUM OR ANY FEATURE OR PART THEREOF AT ANY TIME. GE EXPRESSLY DISCLAIMS ALL WARRANTIES SET FORTH HEREINOF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO ANY THE IMPLIED WARRANTIES OF YOUR ABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE FORUM ARE NONINFRINGING, TITLE, NON- INFRINGEMENT AND QUALITY, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES FORUM WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; THAT THE FORUM WILL BE SECURE; THAT THE FORUM OR (B) THE QUALITY OF SERVER THAT MAKES THE MENUSIFU FORUM AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE FORUM WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS FORUM, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER LOSS OF DATA OVER COMMUNICATIONS FACILITIESTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, INCLUDING WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GE OR THROUGH OR FROM THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN FORUM SHALL CREATE ANY WARRANTY OF ANY KIND. GE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF SUCH COMMUNICATIONS FACILITIESTHE MATERIALS ON THIS FORUM IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. MENUSIFU IS IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. GE DOES NOT CONTROL, REVIEW, REVISE, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY THIRD PARTY CONTENT, INFORMATION, MESSAGES, MATERIALS, PROJECTS ACCESSIBLE FROM OR LINKED THROUGH THE FORUM, AND, EXCEPT AS WARRANTED IN A SEPARATE AGREEMENT, GE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT AND SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT . ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT PARTIES ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSAT YOUR OWN RISK.

Disclaimers. EXCEPT FOR AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT: A. THE EXPRESS WARRANTIES SET FORTH HEREINPRODUCT AND NCQA MATERIALS ARE PROVIDED “AS IS”, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU , NCQA, ITS DIRECTORS, OFFICERS, LICENSORS, SUBCONTRACTORS, AND ITS THIRD-PARTY PROVIDERS AGENTS (“NCQA PARTIES”) MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT AND NCQA MATERIALS OR ANY OTHER INFORMATION OR MATERIALS DELIVERED PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY, AND NCQA DISCLAIMS AND MAKES NO WARRANTY OR REPRESENTATIONS OR WARRANTIES REGARDING AS TO THE ACCURACY, QUALITY, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR COMPLETENESS EFFECTIVENESS OF THE MENUSIFU SYSTEMPRODUCT AND NCQA MATERIALS. THE MEASURES ARE NOT CLINICAL GUIDELINES AND DO NOT ESTABLISH A STANDARD OF MEDICAL CARE. B. NCQA PARTIES MAKE NO WARRANTY THAT THE PRODUCT WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER LIMITATIONS. ORGANIZATION IS RESPONSIBLE FOR THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY SECURITY OF ITS OWN IMPLEMENTATION OF THE FOREGOING, MENUSIFU PRODUCT AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT NCQA SHALL HAVE NO LIABILITY TO END USER FOR SECRUITY VULNERABILITIES IN THE PRODUCT OR WARRANT THAT (A) HARM CAUSED THEREBY. C. THE OPERATION OR USE OF THE MENUSIFU SYSTEM NCQA MATERIALS IS ENTIRELY AT END USER’S OWN RISK AND THE NCQA PARTIES SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR. D. NO PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO INFORMATION, DATA OR OTHER MATERIALS (COLLECTIVELY “DATA”) SHARED PURSUANT TO THIS ▇▇▇▇, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY WARRANTY AS TO THE SERVICES WILL BE TIMELYACCURACY QUALITY, UNINTERRUPTED RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR ERROR-FREE; OR (B) THE QUALITY EFFECTIVENESS OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSSHARED DATA. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU THE SHARED DATA IS NOT RESPONSIBLE FOR ENTIRELY AT A PARTY’S OWN RISK AND NO OTHER PARTY SHALL HAVE ANY DELAYS, DELIVERY FAILURES, LIABILITY OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY RESPONSIBILITY THEREFOR. E. NCQA DISCLAIMS ALL LIABILITY FOR USE OR ACCURACY OF ANY THIRD- PARTY CODES. F. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSYOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Disclaimers. EXCEPT FOR SECRETLAB DOES NOT PROMISE THAT THE EXPRESS WARRANTIES SET FORTH HEREINSITE OR ANY CONTENT WILL BE UNINTERRUPTED, MENUSIFU ERROR-FREE OR SECURE. WE MAKE NO ASSURANCES THAT WE WILL CORRECT ANY DEFECT OR THAT THE SITE OR ITS CONTENT WILL MEET YOUR NEEDS. THE SITE AND ITS THIRDCONTENT IS DELIVERED ON AN “AS-PARTY PROVIDERS HEREBY DISCLAIM IS” AND “AS AVAILABLE” BASIS. SECRETLAB MAKES NO PROMISES THAT ANY DATA OR FILE YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SECRETLAB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-SECRETLAB WON’T BE LIABLE FOR THE CONDUCT OF ANY THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS IN CONNECTION WITH OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR RELATED TO YOUR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE MENUSIFU SYSTEM SITE AND ANY LINKED SITES. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT, YOUR ONLY REMEDY IS TO STOP USING IT. THIS LIMITATION OF RELIEF IS A PART OF THE SERVICES WILL MEET YOUR REQUIREMENTSBARGAIN BETWEEN YOU AND SECRETLAB. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRDOur disclaimers apply broadly to any and all damages, liability, injuries and losses that may be caused by any error, omission, interruption, defect, network delay or failure, failure of performance, virus, theft, destruction, unauthorised access or alteration, breach of contract, tort, negligence or any other cause of action. Secretlab reserves the right to do any of the following for any reason and at any time without informing you: (1) modify, suspend or end the operation of or access to any part of the Site; (2) modify or change any part of the Site, and any of its policies or terms; and (3) interrupt the operation of any part of the Site to perform routine or non-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESroutine maintenance, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERScorrect errors or make other changes.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES AS OTHERWISE EXPRESSLY SET FORTH HEREIN, MENUSIFU NO PARTY MAKES ANY REPRESENTATION OR WARRANTY, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IMPLIED WARRANTIES WITH REGARD OTHERWISE, RELATING TO THE MENUSIFU SYSTEMOR ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BLACKHAWK EXPRESSLY DISCLAIMS: (I) RESPONSIBILITY FOR ANY ERRORS CAUSED BY SAFEWAY, TITLEANY THIRD PARTY PERFORMING SERVICES (INCLUDING WEBSITE SERVICES) ON SAFEWAY’S BEHALF, NON- INFRINGEMENT THE SERVICE BUREAU, BLACKHAWK ACCOUNT, ALLIANCE PARTNER, OR A PURCHASER; (II) RESPONSIBILITY FOR ANY CUSTOMER CONTENT; (Ill) ANY WARRANTY THAT THE BLACKHAWK SERVICES, INCLUDING WEBSITES OR GIFT CARD MALLS OPERATED BY OR FOR BLACKHAWK WILL BE ERROR-FREE OR UNINTERRUPTED; AND QUALITY(IV) FOR SERVICES PROVIDED THROUGH ONE OF THE WEBSITES, RESPONSIBILITY FOR ANY ERRORS CAUSED BY THE OPERATOR OF THE PARTICULAR WEBSITE, EXCEPT TO THE MAXIMUM EXTENT PERMITTED CAUSED BY APPLICABLE LAWBLACKHAWK’S. GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WITH RESPECT TO THE BLACKHAWK WEBSITE. MENUSIFU SAFEWAY AND ITS THIRD-SGC EXPRESSLY DISCLAIM RESPONSIBILITY FOR ANY ERRORS CAUSED BY BLACKHAWK, ANY THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEMPERFORMING SERVICES (INCLUDING WEBSITE SERVICES) ON BLACKHAWK’S BEHALF, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGSERVICE BUREAU, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELYBLACKHAWK ACCOUNT, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESALLIANCE PARTNER, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSA PURCHASER.

Disclaimers. EXCEPT (a) FAILURE TO ANY EXTENT TO MAKE AVAILABLE, OR ANY SLOW-DOWN, STOPPAGE OR INTERRUPTION OF ANY UTILITIES OR FIREWATER SERVICES DESCRIBED IN THIS ARTICLE 5 RESULTING FROM ANY CAUSE WHATSOEVER (OTHER THAN LESSOR’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) SHALL NOT RENDER LESSOR LIABLE IN ANY RESPECT FOR DAMAGES, NOR BE CONSTRUED AS AN EVICTION OF LESSEE (ACTUAL OR CONSTRUCTIVE) NOR RELIEVE LESSEE FROM FULFILLMENT OF ANY COVENANT OR AGREEMENT HEREOF. NEITHER LESSOR NOR ANY OF ITS LESSOR INDEMNIFIED PARTIES SHALL BE LIABLE TO LESSEE OR ANY OF THE EXPRESS WARRANTIES SET FORTH HEREINLESSEE INDEMNIFIED PARTIES FOR ANY LOSSES ARISING OUT OF THE PROVISION AND DELIVERY OF (OR FAILURE TO PROVIDE AND DELIVER) ANY UTILITIES OR FIREWATER SYSTEM, MENUSIFU AND LESSEE HEREBY RELEASES THE LESSOR INDEMNIFIED PARTIES FROM ALL SUCH LOSSES. (b) LESSEE ASSUMES ALL RISKS AND LIABILITIES IN CONNECTION WITH ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM USE OF ANY UTILITIES AND FIREWATER PROVIDED BY LESSOR PURSUANT TO THE TERMS OF THIS LEASE. LESSEE HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED WARRANTIES IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING OR WITH REGARD RESPECT TO THE MENUSIFU SYSTEMUTILITIES OR FIREWATER SYSTEM SO PROVIDED INCLUDING WITHOUT LIMITATION (A) THE NATURE, INCLUDING BUT NOT LIMITED QUALITY, CHARACTER OR SUFFICIENCY OF FACILITIES AND EQUIPMENT UTILIZED TO SUPPLY THE UTILITIES AND FIREWATER TO LESSEE; (B) THE CONDITION OF THE UTILITY AND FIREWATER FACILITIES; (C) ANY IMPLIED WARRANTIES SPECIFIC PRESSURE OR VOLUME OF YOUR ABILITYFIREWATER, IT BEING UNDERSTOOD THAT NO SUCH GUARANTEE IS PROVIDED BY LESSOR, AND THAT THERE MAY BE TIMES WHEN THE FIREWATER SERVICE TO EITHER OR BOTH THE TERMINAL AND THE REFINERY IS INTERRUPTED OR UNAVAILABLE, (D) THE COMPLIANCE OF OR BY THE UTILITIES OR FIREWATER WITH ANY APPLICABLE LAWS; (E) THE MERCHANTABILITY, OR FITNESS OF THE UTILITIES OR FIREWATER FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (BF) ANY OTHER MATTER WITH RESPECT TO THE QUALITY OF UTILITIES OR FIREWATER OR THEIR RESPECTIVE DELIVERY FACILITIES COLLECTIVELY THE MENUSIFU SYSTEM “DISCLAIMED MATTERS”). LESSEE HEREBY WAIVES ANY SUCH DISCLAIMED MATTERS. FURTHER, LESSOR MAKES NO WARRANTY OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND REPRESENTATION THAT THE MENUSIFU SYSTEM MAY BE SUBJECT UTILITIES OR FIREWATER SERVICES CONFORMS TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR LESSEE’S SPECIFICATIONS OR ANY DELAYS, DELIVERY FAILURES, LEGAL OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSINDUSTRY STANDARDS.

Disclaimers. EXCEPT YOU HAVE THE FINAL RESPONSIBILITY FOR THE EXPRESS WARRANTIES SET FORTH HEREINACCURACY OF EACH ITEM ON THE RETURNS, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO AS WELL AS, THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OVERALL CORRECTNESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMRETURNS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS WE DO NOT REPRESENT AUDIT OR WARRANT OTHERWISE VERIFY THE INFORMATION THAT (A) THE OPERATION IS IN YOUR TAX RETURNS OR USE TAX RELATED DOCUMENTS SUBMITTED TO TAX AUTHORITIES. IF SUCH DOCUMENTS CONTAIN ERRORS, THERE MAY BE AN ASSESSMENT OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSADDITIONAL TAX PLUS INTEREST AND PENALTIES. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-WE ARE NOT LIABLE FOR ANY LOSS DUE TO ANY FINANCIAL OR PERSONAL DECISION YOU TAKE RELATED TO YOUR USE OF THE PROGRAM, ANY LOSS DUE TO INACCURATE INFORMATION THAT WE RECEIVE FROM YOU OR ANY THIRD PARTY PROVIDERS CONTROL THE TRANSFER RELATED TO YOUR USE OF DATA OVER COMMUNICATIONS FACILITIESOUR SERVICES, INCLUDING THE INTERNETANY DELAY IN SUBMITTING INFORMATION TO A TAX AUTHORITY. SUBJECT TO ANY GUARANTEE WE PROVIDE IN WRITING OR APPLICABLE LAW WE ASSUME NO LIABILITY FOR ANY ADDITIONAL TAX, PENALTIES OR OTHER ASSESSMENTS. YOU ACKNOWLEDGE THAT ANY UNDERSTATED TAX, AND ANY PENALTY, INTEREST OR OTHER RELATED FEE OR COST IMPOSED BY ANY TAX AUTHORITY ARE YOUR RESPONSIBILITY, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT WE HAVE NO RESPONSIBILITY IN THE USE OF SUCH COMMUNICATIONS FACILITIESTHAT REGARD. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU THIS SERVICE DOES NOT WARRANT INCLUDE PROVIDING LEGAL ADVICE OR GUARANTEE THAT ANY DIRECT REPRESENTATION UNLESS EXPRESSLY PROVIDED IN WRITING FAILURE TO COMPLY WITH OUR PROCEDURE AND STRATEGY RECOMMENDATIONS MAY RESULT IN AN UNFAVORABLE IRS AND/OR ALL SECURITY ATTACKS WILL BE DISCOVEREDSTATE (IF APPLICABLE) RULING. FAILURE OR REFUSAL TO COMPLY WITH REQUESTS OR INSTRUCTIONS FROM THE IRS AND/OR STATE (IF APPLICABLE) DURING THE AUDIT MAY RESULT IN ADVERSE ACTIONS TAKEN BY THE IRS TO YOUR DETRIMENT. IN EITHER CASE, REPORTED OR REMEDIED, OR THAT THERE WE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, HELD RESPONSIBLE FOR THE MENUSIFU SYSTEM, OUTCOME AND RESERVES THE RIGHT TO CEASE PROVIDING SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSWHEN REASONABLY WARRANTED.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREININ THIS SECTION 7 ARE IN LIEU OF ALL OTHER WARRANTIES, MENUSIFU EXPRESS, IMPLIED OR STATUTORY, REGARDING THE LICENSED SOFTWARE, DATA MANAGEMENT SERVICES, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM TECHNICAL SUPPORT SERVICES, AND CUSI EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMOTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESECURITY, TITLE AND NON- INFRINGEMENT AND QUALITY, TO OF THIRD PARTY RIGHTS. LICENSEE ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR EXPRESS WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, PROVIDED HEREIN AND THAT NO WARRANTIES ARE MADE HEREIN BY ANY OF CUSI’S LICENSORS. LICENSEE ACKNOWLEDGES THAT THE MENUSIFU SYSTEM MAY BE SUBJECT LICENSED SOFTWARE AND TECHNICAL SUPPORT SERVICES ARE PROVIDED TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT ASSIST LICENSEE IN THE USE OF SUCH COMMUNICATIONS FACILITIESTHE LICENSED SOFTWARE AND NOT AS A REPLACEMENT OF LICENSEE’S EXPERTISE AND KNOWLEDGE OF ITS BUSINESS. MENUSIFU THE APPLICATION AND IMPACT OF LAWS CAN VARY WIDELY BASED ON THE SPECIFIC FACTS INVOLVED. GIVEN THE CHANGING NATURE OF LAWS, RULES AND REGULATIONS, THE LICENSED SOFTWARE AND TECHNICAL SUPPORT ARE NOT WARRANTED TO BE IN COMPLIANCE WITH THESE LEGAL CHANGES AT ALL TIMES OR ANY APPLICABLE LAW. LICENSEE IS NOT SOLELY RESPONSIBLE FOR ANY DELAYSDATA INPUT INTO THE LICENSED SOFTWARE AND THE ACCURACY OF ANY CONFIGURATION OF THE LICENSED SOFTWARE, DELIVERY FAILURESINCLUDING SITUATIONS WHERE CUSI HAS WORKED WITH LICENSEE THROUGH TECHNICAL SUPPORT SERVICES TO CONFIGURE THE LICENSED SOFTWARE. THE LICENSED SOFTWARE AND/OR TECHNICAL SUPPORT SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT CUSI IS NOT RENDERING LEGAL, ACCOUNTING, TAX OR OTHER DAMAGE PROFESSIONAL ADVICE OR LOSS OTHER PROFESSIONAL ADVICE OR SERVICES FROM CUSI. AS SUCH, SUCH CONSULTATION, TECHNICAL SUPPORT SERVICES AND INFORMATION OBTAINED THROUGH USE OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL LICENSED SOFTWARE SHOULD NOT BE ANY USED AS A SUBSTITUTE FOR CONSULTATION WITH PROFESSIONAL ACCOUNTING, TAX, LEGAL OR OTHER COMPETENT ADVISERS AND FROM A COMPLETE REVIEW AND TESTING BY LICENSEE PRIOR TO IMPLEMENTING THE LICENSED SOFTWARE OR RESULTS OF TECHNICAL SUPPORT SERVICES INTO A PRODUCTION ENVIRONMENT. LICENSEE AGREES THAT IT HAS FULL RESPONSIBILITY FOR THE SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, OF ITS SYSTEMS AND DATA AND CUSI MAKES NO REPRESENTATION REGARDING THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE SECURITY OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSTHE LICENSED SOFTWARE.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINPLATFORM (INCLUDING WITHOUT LIMITATION ALL ASSOCIATED DOCUMENTATION, MENUSIFU LIBRARIES, ZAPIER APIS, APP TEMPLATES, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMSAMPLE CODE) IS PROVIDED ON AN "AS IS" BASIS, INCLUDING BUT NOT LIMITED TO WITHOUT WARRANTY OF ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZAPIER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, RESULTS, AND NON-INFRINGEMENT. MENUSIFU ZAPIER EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE PLATFORM AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING WITH RESPECT TO THE RELIABILITYACCURACY, AVAILABILITYVALIDITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE MENUSIFU SYSTEM, THE SERVICES PLATFORM OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY QUALITY OR CONSISTENCY OF THE FOREGOINGPLATFORM OR RESULTS OBTAINED THROUGH ITS USE. ZAPIER HAS NO OBLIGATION TO PROVIDE MAINTENANCE OR SUPPORT FOR THE PLATFORM (OR TO END USERS OF INTEGRATIONS OR APPS) OR TO FIX ANY ERRORS OR DEFECTS. ZAPIER MAY CHANGE THE PLATFORM OR SERVICES (AND FUTURE VERSIONS MAY NOT BE COMPATIBLE WITH INTEGRATIONS OR APPS DEVELOPED USING PREVIOUS VERSIONS); ZAPIER WILL HAVE NO LIABILITY RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY, MENUSIFU ▇▇▇▇▇▇ MAKES AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELYASSUMES NO REPRESENTATIONS, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESWARRANTIES, INCLUDING THE INTERNETCOVENANTS, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESINDEMNIFICATION, OR OTHER DAMAGE OBLIGATIONS OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGLIABILITIES WITH RESPECT TO INTEGRATIONS OR APPS OR THEIR COMBINATION, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIEDINTERACTION, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY USE WITH ANY THIRD-PARTY HOSTING PROVIDERSAPPS, THIRD-PARTY SERVICES, THE SERVICES, OR THE PLATFORM.

Disclaimers. ROUTESMART DATA HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, BUT ITS ACCURACY AND COMPLETENESS ARE NOT GUARANTEED. DATA MAY CONTAIN NONCONFORMITIES, DEFECTS, ERRORS OR OMISSIONS. THE LIMITED WARRANTY CONTAINED IN THIS AGREEMENT SHALL NOT APPLY TO BETA SUBSCRIPTION PRODUCT. ALL BETA SUBSCRIPTION PRODUCTS ARE PROVIDED TO YOU “AS IS, WITH ALL FAULTS.” WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINAS OTHERWISE PROVIDED IN THIS AGREEMENT, MENUSIFU ROUTESMART AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM LICENSOR(S) DO NOT WARRANT THAT THE DATA OR SUBSCRIPTION PRODUCT WILL MEET YOUR NEEDS OR EXPECTATIONS, THE USE OF THE DATA OR SUBSCRIPTION PRODUCT WILL BE UNINTERRUPTED, OR THAT ALL EXPRESS NONCONFORMITIES IN THE SUBSCRIPTION PRODUCT OR IMPLIED WARRANTIES DATA CAN OR WILL BE CORRECTED. INFORMATION DERIVED FROM YOUR USE OF THE SUBSCRIPTION PRODUCT SHOULD NOT BE USED AS THE ONLY BASIS FOR DECISIONS WITH REGARD RESPECT TO THE MENUSIFU SYSTEMYOUR BUSINESS OPERATIONS. YOU SHOULD ALWAYS VERIFY AND SUPPLEMENT ACTUAL RESULTS, INCLUDING BUT NOT LIMITED TO, MAP, SPATIAL, RASTER, AND TABULAR INFORMATION. ROUTESMART SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR LOSSES, DAMAGES OF ANY NATURE, WHETHER DIRECT OR INDIRECT, TORT OR CONTRACT, FEES OR CLAIMS TO ANY IMPLIED WARRANTIES THE EXTENT ARISING OUT OF YOUR ABILITYUSE OF YOUR PASSWORDS, FITNESS FOR OR YOUR USE OF THE SUBSCRIPTION PRODUCT GENERALLY, IN A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, MANNER NOT PERMITTED UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU , EXCEPT FOR THE REPRESENTATIONS AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS WARRANTIES IN SECTION 6, BOTH PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING THE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, RELIABILITY, AVAILABILITYACCURACY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU TITLE AND ITS THIRDNON-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSINFRINGEMENT. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU INTERNET IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL ALWAYS SECURE AND MAY SOMETIMES GIVE RISE TO SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSRISKS.

Disclaimers. (a) PURCHASER ACKNOWLEDGES THAT IT HAS HAD (OR DURING THE FEASIBILITY PERIOD WILL HAVE) TIME TO INSPECT, EXAMINE AND INVESTIGATE THE PROPERTY AND TO REVIEW ALL INFORMATION RELATING THERETO THAT PURCHASER CONCLUDES IS NECESSARY OR CONVENIENT FOR ITS EVALUATION OF THE PROPERTY, AND TO MAKE SUCH OTHER PHYSICAL, FACTUAL, LEGAL OR OTHER INVESTIGATIONS WITH RESPECT TO THE PROPERTY THAT THE PURCHASER DEEMS NECESSARY OR DESIRABLE WITH RESPECT TO THIS TRANSACTION. PURCHASER REPRESENTS, WARRANTS AND AGREES THAT, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED HEREIN, PURCHASER IS RELYING SOLELY ON ITS OWN INSPECTIONS, EXAMINATIONS AND INVESTIGATIONS IN MAKING THE DECISION TO PURCHASE THE PROPERTY. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT THE SELLER IS MAKING AND HAS MADE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION SELLER HAS PROVIDED, OR CAUSED TO BE PROVIDED TO THE PURCHASER (INCLUDING WITHOUT LIMITATION, ANY INFORMATION THAT MAY BE PROVIDED BY THE MANAGER), AND PURCHASER HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTIES FROM THE SELLER OR ANY OTHER PARTY (EXCEPT TO THOSE REPRESENTATIONS AND WARRANTIES OF THE SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT) IN MAKING ITS DECISION TO ENTER INTO THIS AGREEMENT. (b) PURCHASER IS PURCHASING THE PROPERTY IN ITS “AS IS” CONDITION “WITH ALL FAULTS” AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, CONCERNING THE PROPERTY FROM OR ON BEHALF OF SELLER EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN. PURCHASER ACKNOWLEDGES THAT, EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN, MENUSIFU SELLER HAS NOT, DOES NOT AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WILL NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED WARRANTIES IMPLIED, CONCERNING THE PROPERTY, INCLUDING, WITHOUT LIMITATION, (I) THE STRUCTURAL ELEMENTS, FOUNDATIONS, ROOFS, APPURTENANCES, ACCESS, LANDSCAPING, PARKING FACILITIES, ELECTRICAL, MECHANICAL, HVAC, PLUMBING, SEWAGE OR UTILITY SYSTEMS, FACILITIES OR APPLIANCES ON THE PROPERTY OR ANY PORTION THEREOF, (II) THE QUALITY, NATURE, ADEQUACY OR PHYSICAL CONDITION OF SOILS OR GROUND WATER AT OR UNDER THE LAND, (III) THE EXISTENCE, QUALITY, NATURE, ADEQUACY OR PHYSICAL CONDITION OF ANY UTILITY SERVING THE PROPERTY, (IV) THE PROPERTY TAXES NOW OR HEREAFTER PAYABLE ON THE PROPERTY OR THE VALUATION OF THE PROPERTY FOR PROPERTY TAX PURPOSES, (V) THE DEVELOPMENT POTENTIAL OF THE PROPERTY OR THE HABITABILITY, MERCHANTABILITY OR FITNESS, SUITABILITY OR ADEQUACY OF THE PROPERTY OR ANY PORTION THEREOF FOR ANY PARTICULAR USE OR PURPOSE, (VI) THE ZONING OR OTHER LEGAL STATUS OF THE PROPERTY, (VII) THE COMPLIANCE BY THE PROPERTY OR OF THE BUSINESS CONDUCTED THEREON, OR ANY PORTION THEREOF, WITH REGARD ANY APPLICABLE CODES, LAWS, REGULATIONS, STATUTES, ORDINANCES, COVENANTS, CONDITIONS OR RESTRICTIONS OF ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY OR OF ANY OTHER PERSON OR ENTITY, (VIII) THE QUALITY OF ANY LABOR OR MATERIALS RELATING IN ANY MANNER TO THE MENUSIFU SYSTEMPROPERTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES (IX) THE CONDITION OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TITLE TO THE MAXIMUM PROPERTY OR THE NATURE, STATUS AND EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OF ANY LEASE, ENCUMBRANCE OR WARRANTIES REGARDING OTHER MATTER AFFECTING TITLE TO THE RELIABILITYPROPERTY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS (X) THE ENVIRONMENTAL CONDITION OF THE MENUSIFU SYSTEMPROPERTY, INCLUDING, WITHOUT LIMITATION, ITS COMPLIANCE WITH ENVIRONMENTAL LAWS AND THE SERVICES PRESENCE OR ABSENCE OF HAZARDOUS SUBSTANCES. PURCHASER ACKNOWLEDGES THAT THIS SECTION WAS A NEGOTIATED PART OF THIS AGREEMENT AND SERVES AS AN ESSENTIAL COMPONENT OF CONSIDERATION FOR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMSAME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO THE PARTIES SPECIFICALLY ACKNOWLEDGE THAT PURCHASER HAS HAD, AND, DURING THE FEASIBILITY PERIOD, SHALL HAVE, AN OPPORTUNITY TO FULLY INSPECT THE PROPERTY, INCLUDING BUT NOT REPRESENT OR WARRANT THAT (A) LIMITED TO THE OPERATION OR USE PHYSICAL CONDITION OF THE MENUSIFU SYSTEM REAL PROPERTY AND THE PERSONAL PROPERTY (INCLUDING ALL ENVIRONMENTAL CONCERNS) AND TO REVIEW ALL INFORMATION RELATING THERETO THAT PURCHASER CONCLUDES IS NECESSARY OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY CONVENIENT FOR ITS EVALUATION OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETPROPERTY, AND TO MAKE SUCH OTHER PHYSICAL, FACTUAL, LEGAL OR OTHER INVESTIGATIONS WITH RESPECT TO THE PROPERTY THAT THE MENUSIFU SYSTEM PURCHASER DEEMS NECESSARY OR DESIRABLE WITH RESPECT TO THIS TRANSACTION, AND THE PURCHASE PRICE HAS BEEN NEGOTIATED TO ELIMINATE ALL CLAIMS THAT MIGHT OTHERWISE BE ASSERTED BY THE PURCHASER, WHETHER KNOWN OR UNKNOWN, RELATING TO THE CONDITION OF THE PROPERTY AND ALL ASPECTS AND ATTRIBUTES THEREOF. I. CONSEQUENTLY, EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, THIS CLAUSE BARS ALL CLAIMS, WHETHER OR NOT PRESENTLY KNOWN, BROUGHT BY PURCHASER CONCERNING THE CONDITION OF THE PROPERTY AND ALL ASPECTS AND ATTRIBUTES THEREOF, OTHER THAN ANY CLAIMS PURSUANT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, MASS. GENERAL LAWS CHAPTER 21E, OR ANY OTHER APPLICABLE FEDERAL, STATE OR LOCAL ENVIRONMENTAL LAW, RULE OR REGULATION (“PURCHASER’S STATUTORY ENVIRONMENTAL CLAIMS”), WHICH SHALL BE SUBJECT TO LIMITATIONS, DELAYS, THE THRESHOLD AND OTHER PROBLEMS INHERENT POST-CLOSING LIABILITY CAP AS SET FORTH IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS SECTION 14.7. (c) PURCHASER ACKNOWLEDGES THAT SELLER SHALL NOT RESPONSIBLE BE LIABLE TO PURCHASER FOR ANY DELAYS, DELIVERY FAILURESSPECULATIVE PROFITS, OR SPECIAL , INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON CONTRACT, TORT OR NEGLIGENCE OR IN ANY OTHER DAMAGE MANNER ARISING FROM THIS AGREEMENT OR LOSS THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, EXCEPT IN CASES INVOLVING FRAUD OR INTENTIONAL MISREPRESENTATION. (d) THE PROVISIONS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THIS SECTION 4.5 SHALL SURVIVE THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSCLOSING.

Disclaimers. (a) EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH AS EXPRESSLY PROVIDED HEREIN, MENUSIFU THE SERVICES ARE PROVIDED “AS IS,” NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND ITS THIRD-EACH PARTY PROVIDERS HEREBY DISCLAIM SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYOR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO SINGLESTORE DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION SERVICES ARE ERROR-FREE OR USE OF THE MENUSIFU SYSTEM OR THAT THE SERVICES WILL BE TIMELYOPERATE WITHOUT INTERRUPTION, UNINTERRUPTED OR ERROR-FREE; OR (B) AND SINGLESTORE GRANTS NO WARRANTY REGARDING THE QUALITY USE BY CUSTOMER OF THE MENUSIFU SYSTEM OR SERVICES. THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESTHE INTERNET AND ELECTRONIC COMMUNICATIONS. MENUSIFU SINGLESTORE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT DAMAGES RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING . (b) CUSTOMER ACKNOWLEDGES AND AGREES THAT SINGLESTORE IS NOT LIABLE, AND CUSTOMER AGREES NOT TO SEEK TO HOLD SINGLESTORE LIABLE, FOR THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, CONDUCT OF THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD-PARTY SERVICES RESTS ENTIRELY WITH CUSTOMER. (c) FROM TIME TO TIME, SINGLESTORE MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH CUSTOMER MAY EXPERIMENT. SUCH BETA FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY, INDEMNITY, SUPPORT, OR SERVICE LEVEL OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT SINGLESTORE’S SOLE DISCRETION.

Disclaimers. EXCEPT 10.1 WITHOUT LIMITING LASERFICHE’S SLA OBLIGATIONS, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT LASERFICHE CLOUD AND THE SERVICES ENVIRONMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT LASERFICHE CLOUD OR THE LASERFICHE CLOUD SUBSCRIPTIONS, LASERFICHE SOFTWARE, LASERFICHE CONTENT, SERVICES ENVIRONMENT, OR SERVICES PROVIDED BY US OR OUR AFFILIATES WILL BE PROVIDED OR PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL ERRORS, OR THAT ANY OF THE FOREGOING WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE EXPRESS WARRANTIES PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 10.2 YOU ACKNOWLEDGE AND AGREE THAT THE REMEDIES SET FORTH HEREIN, MENUSIFU IN THE SLA ARE YOUR SOLE AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY WITH REGARD RESPECT TO THE MENUSIFU SYSTEMPERFORMANCE OR NON-PERFORMANCE OF LASERFICHE CLOUD AND THE LASERFICHE CLOUD SUBSCRIPTIONS, LASERFICHE SOFTWARE, LASERFICHE CONTENT, SERVICES ENVIRONMENT, AND THE SERVICES PROVIDED BY US OR OUR AFFILIATES. 10.3 WE AND OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (INCLUDING AWS AND LASERFICHE CLOUD SOLUTION PROVIDERS), MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY THE IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEOR NON-INFRINGEMENT, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES LASERFICHE CLOUD OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGLASERFICHE CLOUD SUBSCRIPTIONS, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM LASERFICHE SOFTWARE, LASERFICHE CONTENT, SERVICES ENVIRONMENT OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESPROVIDED HEREUNDER, INCLUDING THE INTERNETANY SYSTEMS, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT NETWORKS OR ENVIRONMENTS, RELATED TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

Disclaimers. EXCEPT FOR AS STATED UNDER THIS AGREEMENT, MERITAGE PROVIDES THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU SERVICES “AS IS” AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD “AS AVAILABLE” AND TO THE MENUSIFU SYSTEMMAXIMUM EXTENT PERMITTED BY LAW, SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WITHOUT LIMITATION IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLECOURSE OF DEALING, NON- INFRINGEMENT TITLE AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWNON‐ INFRINGEMENT. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS RELIED ON NO REPRESENTATIONS OR SUCH WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMIN ENTERING INTO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO MERITAGE DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELYFREE FROM LOSS OR LIABILITY INCLUDING that ARISING OUT OF ANY THIRD‐PARTY TECHNOLOGY, UNINTERRUPTED THIRD PARTY ACTION, SUCH AS UNAUTHORIZED ACCESS BY ANY THIRD PARTY, OR ERROR-FREEANY ACT OR OMISSION OF CUSTOMER. MERITAGE EXPRESSLY DISCLAIMS ANY WARRANTY OR LIABILITY WITH RESPECT TO COMPLIANCE WITH LAWS, RULES OR REGULATIONS APPLICABLE TO CUSTOMER, WHICH SHALL BE THE SOLE RESPONSIBILITY OF CUSTOMER. MERITAGE DOES NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF customer materials or ANY ADVICE, REPORT, DATA OR DELIVERABLES OBTAINED BY CUSTOMER FROM THE CUSTOMER MATERIALS SUBMITTED TO THE SERVICES, SUCH ADVICE, REPORTS, DATA OR DELIVERABLES ARE PROVIDED “AS IS” AND MERITAGE SHALL NOT BE LIABLE FOR ANY INACCURACY THEREOF. MERITAGE SHALL NOT BE RESPONSIBLE OR LIABLE FOR: (A) ANY DAMAGES IF, AND TO THE EXTENT, CAUSED BY CUSTOMER’S FAILURE TO PERFORM ITS OBLIGATIONS, AS SET FORTH IN THIS AGREEMENT OR AN ORDER FORM; (B) ANY CORRUPTION, DAMAGE, LOSS OR MIS‐TRANSMISSION OF CUSTOMER MATERIALS, UNLESS SUCH TRANSMISSION IS THE RESPONSIBILITY OF MERITAGE; OR (BC) THE QUALITY SECURITY OF CUSTOMER MATERIALS DURING TRANSMISSION FROM CUSTOMER’S FACILITIES TO THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSCLOUD PLATFORM. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESCustomer acknowledges that the Services may be subject to limitations, INCLUDING THE INTERNETdelays, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONSand other problems inherent in the use of the Internet and electronic communications. Meritage is not responsible for any delays, DELAYSfailures, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSor other damage resulting from such problems.

Disclaimers. EXCEPT FOR 1. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE EXPRESS WARRANTIES SET FORTH HEREINSERVICE AND ANY DATA OR ACCOUNT INFORMATION, MENUSIFU MATERIALS AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMSERVICES PROVIDED HEREUNDER, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, ANY IMPLIED WARRANTIES OF YOUR ABILITYTITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINFRINGEMENT. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS WE DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION SERVICE, DATA OR USE OF THE MENUSIFU SYSTEM ACCOUNT INFORMATION, OR THE ANY ASSOCIATED SERVICES WILL BE TIMELYAVAILABLE, UNINTERRUPTED ERROR FREE, COMPLETELY SECURE, VIRUS FREE, OR ERROR-FREE; WITHOUT INTERRUPTION, OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES THAT THEIR FUNCTIONS WILL MEET YOUR ANY PARTICULAR REQUIREMENTS, OR THAT PROGRAM DEFECTS OR ERRORS ARE CAPABLE OF CORRECTION OR IMPROVEMENT. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH THE INTERNET AND ELECTRONIC COMMUNICATIONS FACILITIES. MENUSIFU IS AND WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. 2. WITHOUT LIMITING YOU ACKNOWLEDGE THAT THE FOREGOINGSERVICE IS INTENDED TO BE USED BY TRAINED PROFESSIONALS AND THAT THE SERVICE IS NOT A SUBSTITUTE FOR CUSTOMER’S PROFESSIONAL JUDGEMENT. YOUR USE OF THE SERVICE IS DEPENDENT ON YOUR PROVISION OF COMPLETE, MENUSIFU DOES ACCURATE AND TIMELY DATA AND YOUR SELECTION OF APPROPRIATE STANDARDS FOR ASSESSMENT. THE SERVICE HAS BEEN DEVELOPED FOR EVALUATION OF RISK UNDER THE IEC 62305-2 STANDARD WHICH MAY NOT BE APPROPRIATE FOR YOUR USE; PROVIDED THAT WE DO NOT WARRANT OR GUARANTEE THAT THE RESULTS. THE SERVICE IS NOT RECOMMENDED FOR PROJECTS INVOLVING HAZARDOUS ENVIRONMENTS AND SITUATIONS (INCLUDING NUCLEAR FACILITIES, AIR TRAFFIC CONTROL OR NAVIGATION AND THE LIKE), MISSION CRITICAL SYSTEMS OR EMERGENCY SERVICES, PUBLIC SAFETY SITUATIONS OR OTHER HIGH-RISK SITUATIONS. FOR ALL PROJECTS INCLUDED PROJECTS INVOLVING THESE KIND OF RISKS, YOU ARE STRONGLY ENCOURAGED TO CONSULT WITH RELEVANT INDUSTRY EXPERTS TO ASSESS THE FIT FOR YOUR PROJECT AND ALL RESULTS OF THE SERVICE TO ENSURE YOUR OWN COMPLIANCE WITH ALL APPLICABLE LAWS AND STANDARDS. WE ARE NOT RESPONSIBLE FOR THE INTEGRITY OF INFORMATION, INCLUDING WITHOUT LIMITATION, DATA AND ACCOUNT INFORMATION, INCLUDING COMPLETENESS, ACCURACY, VALIDITY, AUTHORIZATION FOR USE AND INTEGRITY OVER TIME, AND WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR ALL SECURITY ATTACKS WILL BE DISCOVEREDLIABILITY ARISING OUT OF THE DATA OR ACCOUNT INFORMATION, REPORTED OR REMEDIEDINCLUDING ANY MISTAKES CONTAINED IN THE DATA, ACCOUNT INFORMATION, OR THE USE OR TRANSMISSION OF THE DATA OR ACCOUNT INFORMATION. YOU ACCEPT SOLE RESPONSIBILITY FOR, AND ACKNOWLEDGE THAT THERE WILL YOU EXERCISE YOUR OWN INDEPENDENT JUDGMENT IN, YOUR SELECTION AND USE OF ALL CUSTOMER REPORTS, DATA OR ACCOUNT INFORMATION AND ANY RESULTS OBTAINED THEREFROM. CUSTOMER IS SOLELY RESPONSIBLE FOR SELECTION OF THE SERVICE AND THE ADEQUACY OF THE SERVICE FOR CUSTOMER’S PURPOSES. 3. IF YOU ARE ACCESSING OR USING THE SERVICE IN A PRERELEASE, BETA TEST, TRIAL OR EVALUATION STAGE, AND NOTWITHSTANDING ANY CONTRARY PROVISION IN THIS AGREEMENT: (I) YOU ARE PERMITTED TO ACCESS AND USE THE SERVICE ONLY FOR TESTING OR EVALUATION PURPOSES AND ONLY FOR A LIMITED PERIOD AS SET FORTH IN THE RELATED SUBSCRIPTION AGREEMENT; AND (II) THE SERVICE AND ALL RESULTS ARE PROVIDED “AS IS” WITHOUT SUPPORT OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND (iii) COMPANY SHALL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS LIABLE FOR ANY HARM DAMAGES, DIRECT OR DAMAGES CAUSED BY INDIRECT, RESULTING FROM USE OF THE SERVICE AND IN ANY THIRD-PARTY HOSTING PROVIDERSEVENT THE AGGREGATE LIABILITY OF COMPANY, IN CONNECTION WITH ANY SUCH LIMITED USE SHALL NOT EXCEED $50 UNDER ANY CIRCUMSTANCES.

Disclaimers. BRPs ARE PROVIDED "AS IS." WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING BRP OR THE BIX REAL, INCLUDING ANY WARRANTY THAT THE BRP OR THE BIX REAL EXCHANGE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT FOR TO THE EXPRESS WARRANTIES SET FORTH HEREINEXTENT PROHIBITED BY LAW, MENUSIFU WE AND ITS THIRD-PARTY PROVIDERS HEREBY OUR AFFILIATES AND LICENSORS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENON- INFRINGEMENT, NON- INFRINGEMENT OR QUIET ENJOYMENT, AND QUALITYANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT AND WILL NOT PROVIDE YOU WITH ANY SOFTWARE OTHER THAN THE BRP IN YOUR RESULTING DISTRIBUTION. YOU UNDERSTAND THAT BRPs, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEMBLOCKCHAIN TECHNOLOGY, THE SERVICES BIX REAL PROTOCOL ARE NEW AND UNTESTED TECHNOLOGIES OUTSIDE OF OUR CONTROL AND ADVERSE CHANGES IN MARKET FORCES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES TECHNOLOGY WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSEXCUSE OUR PERFORMANCE UNDER THIS AGREEMENT. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL ASSUME ALL RISK OF LOSS RESULTING FROM, CONCERNING OR ASSOCIATED WITH THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESRISKS SET FORTH IN THE RISK DISCLOSURE IN EXHIBIT 1. TRANSACTIONS USING BLOCKCHAIN TECHNOLOGY, SUCH AS THOSE INVOLVING THE ITO, ARE AT RISK TO MULTIPLE POTENTIAL FAILURES, INCLUDING THE INTERNETHIGH NETWORK VOLUME, COMPUTER FAILURE, BLOCKCHAIN FAILURE OF ANY KIND, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESUSER FAILURE. MENUSIFU IS WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT DATA, BRPs, HARDWARE OR SOFTWARE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE TYPES OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSFAILURES.

Disclaimers. ▇▇ AGREES THAT RA’S USE OF SYMANTEC TRUST NETWORK’S SERVICE(S) IS SOLELY AT RA’S OWN RISK. RA AGRE9ES THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS, EXCEPT FOR THE EXPRESS WARRANTIES AS OTHERWISE NOTED IN THIS AGREEMENT. OTHER THAN AS SET FORTH HEREININ SECTION 13.1, MENUSIFU SYMANTEC TRUST NETWORK AND ITS THIRD-PARTY PROVIDERS HEREBY MSC ▇▇▇▇▇▇▇▇▇.▇▇▇ SDN BHD EXPRESSLY (I) DISCLAIM ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES THOSE OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY AND NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU ; (II) DO NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION THAT THE SERVICE WILL MEET YOUR REQUIRMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; AND ITS THIRD-PARTY PROVIDERS (III) DO NOT MAKE NO REPRESENTATIONS ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR CONDITION AS TO THE RESULTS YOU THAT MAY OBTAIN BY USING BE OBTAINED FROM THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM SERVICE OR TO THE SERVICES WILL BE TIMELY, UNINTERRUPTED ACCURACY OR ERROR-FREE; RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. RA UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR (B) THE QUALITY OF THE MENUSIFU SYSTEM DATA DOWNLOADED OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN OTHERWISE OBTAINED THROUGH THE USE OF SUCH COMMUNICATIONS FACILITIESSYMANTEC TRUST NETWORK’S SERVICES IS DONE AT RA’S OWN DISCRETION AND RISK. MENUSIFU IS TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO RA. SYMANTEC TRUST NETWORK AND MSC ▇▇▇▇▇▇▇▇▇.▇▇▇ SDN BHD ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DELAYSPRODUCTS AND/OR SERVICES PURCHASED BY RA FROM A THIRD PARTY. RA BEARS EXCLUSIVE RESPONSIBILITY, DELIVERY FAILURESTO ANY AND ALL PERSONS, OR OTHER DAMAGE OR LOSS FOR THE VALIDATION OF PROFIT RESULTING FROM ALL APPLICATIONS THAT RA APPROVES, DETERMINATION OF WHETHER A CERTIFICATE APPLICANT IS ELIGIBLE TO OBTAIN AND USE A CERTIFICATE IN ACCORDANCE WITH THE APPLICABLE SUBSCRIBER AGREEMENT, AND CONDUCT OF RAAs AND CERTIFICATE APPLICANTS RECEIVING CERTIFICATES HEREUNDER. SYMANTEC TRUST NETWORK AND MSC ▇▇▇▇▇▇▇▇▇.▇▇▇ SDN BHD DISCLAIM ALL SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES RESPONSIBILITY AND CONTENT ARE PROVIDED LIABILITY AS FAR AS IT IS PERMISSIBLE TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSDO SO UNDER RELEVANT APPLICABLE LAW.

Disclaimers. EXCEPT The Company cannot control the nature of the content available through the Coub Services. By providing and operating the Coub Services, the Company does not represent or imply that the Company endorses any comments, Contributions or other content available on or linked to by the Coub Services, including without limitation any Third Party Materials, content hosted on third party Websites, or that the Company believes Contributions, Third Party Materials, comments or other content to be accurate, useful or nonharmful. YOU AGREE THAT YOUR USE OF THE COUB SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE COUB SERVICES AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S OR COUB SERVICES’ CONTENT, CONTRIBUTIONS, OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE OR THE COUB SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR THE EXPRESS WARRANTIES SET FORTH HEREINCOUB SERVICES, MENUSIFU ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ITS ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THE COUB SERVICES , (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE COUB SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE COUB SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR THE COUB SERVICES OR ANY MOBILE APPLICATION, HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OF PRODUCTS OR IMPLIED WARRANTIES SERVICES. AS WITH REGARD TO THE MENUSIFU SYSTEMPURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE COUB SERVICES, INCLUDING BUT NOT LIMITED ANY MOBILE APPLICATIONS OR OTHER SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ("PERFORMANCE") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PERFORMANCE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MENUSIFU SYSTEMPERFORMANCE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE RESULTS YOU MAY OBTAIN BY USING PERFORMANCE WILL MEET YOUR REQUIREMENTS, THAT THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OPERATION OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES PERFORMANCE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE DEFECTS IN THE PERFORMANCE WILL NOT BE ANY SECURITY BREACHES CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM COMPANY OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.

Disclaimers. EXCEPT FOR (a) YOUR USE OF THE EXPRESS WARRANTIES SET FORTH HEREINSERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM WITH ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZION PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MENUSIFU AND ITS THIRD-PARTY PROVIDERS ZION PARTIES MAKE NO REPRESENTATIONS WARRANTY OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT REPRESENTATION THAT: (Ai) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) OR THE INFORMATION, CALCULATIONS AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE. YOU ACKNOWLEDGE AND AGREE THAT NEITHER MENUSIFU NOR ITS YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND COMPLETENESS OF ALL CONTENT SUBMITTED TO OR OBTAINED FROM THE SERVICES BEFORE TAKING ANY ACTION BASED UPON SUCH CONTENT, INCLUDING MAKING ANY PAYMENTS OR COLLECTING ANY AMOUNTS BASED THEREON. YOU ASSUME ALL RISK ASSOCIATED WITH OTHER THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESCOMPONENTS, INCLUDING THE INTERNETHARDWARE, SOFTWARE AND SERVICES THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONSYOU SELECT. (b) Any model contracts, DELAYSforms or other documents Zion makes available for your use with your customers ("Model Contracts") are provided for informational purposes only and should not be relied on as legal advice. Nothing herein constitutes the establishment of an attorney-client relationship between you and Zion or anyone involved in the drafting of the Model Contracts and you should seek the advice of legal counsel prior to use of the Model Contracts. By utilizing the Model Contracts, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSyou: (i) assume full responsibility for any loss, DELIVERY FAILURESdamage, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGor liability resulting from the use of the Model Contracts; and (ii) release Zion and the authors of the Model Contracts, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDtheir contributors, REPORTED OR REMEDIEDagents, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUlicensees, THE MENUSIFU SYSTEMsuccessors and assigns from any and all known or unknown claims, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASISdemands or causes of action that may arise, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSat any time, out of or relating to your use of any of the Model Contracts.

Disclaimers. EXCEPT FOR THE EXPRESS SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND Bee To Bee EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES SET FORTH HEREINAND CONDITIONS OF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS WHETHER EXPRESS, IMPLIED, OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMSTATUTORY , INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES ALL W ARRANTIES OR CONDITIONS OF YOUR ABILITYMERCHANT ABILITY , FITNESS FOR A PARTICULAR P AR TICULAR PURPOSE, TITLE, NON- INFRINGEMENT QUIET ENJOYMENT , ACCURACY, OR NON-INFRINGEMENT. WE (AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS OUR SUPPLIERS) MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT WARRANTY THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE TRANSFER SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DATA OVER COMMUNICATIONS FACILITIESFIRST USE. Bee To Bee DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE INTERNETCUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. Bee To Bee DOES NOT CONTROL OR VET CUSTOMER CONTENT AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSWHAT USERS POST, DELIVERY FAILURESTRANSMIT, OR OTHER DAMAGE SHARE ON OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSTHROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES Bee To Bee IS NOT WARRANT RESPONSIBLE OR GUARANTEE THAT LIABLE IN ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS MANNER FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREININ SECTIONS 9.1 AND 9.3 ARE YOUR EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, AND LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND WARRANTIES OF STATUTORY NON-INFRINGEMENT. NO THIRD PARTY, NON- INFRINGEMENT AND QUALITYIN- CLUDING AGENTS, DISTRIBUTORS, OR AUTHORIZED LICENSOR RESELLERS IS AUTHORIZED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS MODIFY ANY OF THE MENUSIFU SYSTEM, THE SERVICES ABOVE WARRANTIES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMMAKE ANY ADDITIONAL WARRANTIES ON BEHALF OF LICENSOR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO LICENSOR DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT USE OF THE MENUSIFU SYSTEM SOFTWARE SHALL BE UNINTERRUPTED OR ER- ROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ANY IMPLIED WARRANTIES ARE LIM- ITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE OR TO THE MINIMUM PRESCRIBED BY LAW. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHT. YOU MAY HAVE OTHER RIGHTS, WHICH VARY DEPENDING ON THE TERRITORY IN WHICH THE SOFTWARE WAS FURNISHED TO YOU. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY LIABILITY OF LICENSOR WHICH CANNOT BE EXCLUDED OR LIMITED BY ANY LAW OR REGULATION APPLICABLE TO THIS AGREEMENT. FOR WARRANTY ASSISTANCE CONTACT LICENSOR OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) RESELLER FROM WHOM YOU OBTAINED THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSOFTWARE.

Disclaimers. EXCEPT FOR TO THE EXPRESS EXTENT NOT PROHIBITED BY LAW, ABOVE WARRANTIES SET FORTH HEREIN, MENUSIFU ARE EXCLUSIVE AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMOR CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYFOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO . THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR PERFORMED ERROR-FREE; FREE OR (B) UNINTERRUPTED, THAT THE QUALITY OF THE MENUSIFU SYSTEM COMPANY WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTSTHE CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU COMPANY IS NOT RESPONSIBLE FOR ANY DELAYSISSUES RELATED TO THE PERFORMANCE, DELIVERY FAILURES, OPERATION OR OTHER DAMAGE SECURITY OF THE SERVICES THAT ARISE FROM THE CUSTOMER DATA OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT THIRD PARTY APPLICATIONS OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES SERVICES PROVIDED BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU11.3. Exclusive Remedies. FOR ANY BREACH OF THE SERVICES WARRANTY, THE MENUSIFU SYSTEMCUSTOMER’S EXCLUSIVE REMEDY AND THE COMPANY’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF THE COMPANY CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER AFTER WRITTEN NOTICE FROM THE CUSTOMER, THE CUSTOMER MAY TERMINATE THE DEFICIENT SERVICES IN WRITING AND CONTENT ARE PROVIDED THE COMPANY WILL REFUND TO YOU ON AN "AS IS" BASIS, EXCLUSIVE THE CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT CUSTOMER PRE-PAID TO THE COMPANY FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSTERMINATION.

Disclaimers. EXCEPT FOR YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE EXPRESS WARRANTIES SET FORTH HEREINSERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS EITHER EXPRESSED OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYNON-INFRINGEMENT, TITLE, FUNCTIONALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, ALL OF WHICH ARE DISCLAIMED TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. POSTMAN DOES NOT WARRANT THAT THE SERVICES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY CONTENT WILL MEET YOUR REQUIREMENTS OR COMPLETENESS THAT OPERATION OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS CONTENT WILL BE SECURE, ERROR FREE, VIRUS FREE OR UNINTERRUPTED, THAT ANY CONTENT WILL BE ACCURATE OR RELIABLE, THAT ANY CONTENT WILL NOT BE LOST OR CORRUPTED, OR THAT IT WILL BE ABLE TO RECTIFY/REMEDY ANY ERRORS OR DEFECT. YOU MAY OBTAIN BY USING HAVE CHOSEN TO USE THE MENUSIFU SYSTEM. WITHOUT LIMITING SERVICES AND CONTENT ON YOUR OWN VOLITION AND POSTMAN BEARS NO RESPONSIBILITY AS TO THE GENERALITY QUALITY AND PERFORMANCE OF THE FOREGOINGSERVICES OR CONTENT. POSTMAN WILL NOT UNDER ANY CIRCUMSTANCE BE RESPONSIBLE FOR LOSS OF YOUR CONTENT WHETHER FROM YOUR COMPUTER OR THE SERVER, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR DUE TO USE OF THE MENUSIFU SYSTEM SERVICES OR CONTENT. POSTMAN HAS NO CONTROL OVER THE SERVICES WILL BE TIMELYCONTENT USED, UNINTERRUPTED UPLOADED OR ERROR-FREE; OR (B) THE QUALITY GENERATED BY YOU IN YOUR USE OF THE MENUSIFU SYSTEM SERVICES. POSTMAN UNDERTAKES NO RESPONSIBILITY FOR ANY LOSS THAT YOU OR ANY OTHER PERSON MAY SUFFER DUE TO ANY CONTENT USED, UPLOADED OR GENERATED BY YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTSSERVICES. ▇▇▇▇▇▇▇ HAS NO CONTROL OVER THE USE THAT ANY THIRD PARTY MAY PUT TO ANY CONTENT THAT IS SHARED BY YOU ACKNOWLEDGE ON THE SERVICES. ▇▇▇▇▇▇▇ ASSUMES NO RESPONSIBILITY FOR ANY LOSS THAT NEITHER MENUSIFU NOR ITS THIRD-YOU OR ANY THIRD PARTY PROVIDERS CONTROL MAY SUFFER DUE TO ANY CONTENT USED OR SHARED BY YOU USING THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY SERVICES. POSTMAN SHALL NOT BE SUBJECT TO LIMITATIONS, LIABLE FOR DELAYS, AND INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF SUCH THE INTERNET AND ELECTRONIC COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSYSTEMS OUTSIDE POSTMAN'S REASONABLE CONTROL.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH HEREININ SECTIONS 9(A) AND 16(T) HEREOF, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL SELLER DISCLAIMS THE MAKING OF ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED WARRANTIES IMPLIED, REGARDING THE PROPERTY OR MATTERS AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE PHYSICAL CONDITION OF THE PROPERTY, THE EXISTENCE OF WETLANDS ON THE PROPERTY, THE QUALITY OF ANY WORK OR MATERIALS USED IN CONNECTION WITH REGARD THE IMPROVEMENTS ON THE PROPERTY, TITLE TO OR THE BOUNDARIES OF THE PROPERTY, PEST CONTROL MATTERS, SOIL CONDITION, HAZARDOUS WASTE, TOXIC SUBSTANCE, MOLD, PETROLEUM OR OTHER ENVIRONMENTAL MATTERS, COMPLIANCE WITH BUILDING, HEALTH, SAFETY, LAND USE AND ZONING LAWS, REGULATIONS AND ORDERS, STRUCTURAL AND OTHER ENGINEERING CHARACTERISTICS, TRAFFIC PATTERNS, THE DEVELOPMENT POTENTIAL OF AND/OR REQUIREMENTS TO DEVELOP THE PROPERTY AND THE PROPERTY'S USE, FITNESS, VALUE OR ADEQUACY FOR ANY PARTICULAR PURPOSE, AND ALL OTHER INFORMATION PERTAINING TO THE MENUSIFU SYSTEMPROPERTY. BUYER, MOREOVER, ACKNOWLEDGES (I) THAT BUYER HAS ENTERED INTO THIS AGREEMENT WITH THE INTENTION OF MAKING AND RELYING UPON ITS OWN INDEPENDENT INVESTIGATION, INSPECTION, ANALYSIS, EXAMINATION AND EVALUATION OF THE PHYSICAL, ENVIRONMENTAL, ECONOMIC AND LEGAL CONDITION OF THE PROPERTY AND ALL OTHER RELEVANT FACTS AND CIRCUMSTANCES AND (II) THAT, EXCEPT AS SET FORTH IN SECTIONS 9(A) AND 16(T) HEREOF, BUYER IS NOT RELYING UPON ANY REPRESENTATIONS AND WARRANTIES MADE BY SELLER, SELLER'S AGENTS, BROKERS, MANAGEMENT AGENT OR ANYONE ELSE ACTING OR CLAIMING TO ACT ON SELLER'S BEHALF CONCERNING THE PROPERTY (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, OFFERING PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY). BUYER FURTHER ACKNOWLEDGES THAT IT HAS NOT RECEIVED FROM SELLER ANY INVESTMENT, ACCOUNTING, TAX, LEGAL, ENVIRONMENTAL, ARCHITECTURAL, ENGINEERING, PROPERTY MANAGEMENT OR OTHER ADVICE WITH RESPECT TO THIS TRANSACTION AND IS RELYING SOLELY UPON THE ADVICE OF ITS OWN INVESTMENT, ACCOUNTING, TAX, LEGAL ENVIRONMENTAL, ARCHITECTURAL, ENGINEERING, PROPERTY MANAGEMENT AND OTHER ADVISORS. SUBJECT TO THE PROVISIONS OF SECTIONS 9(A) AND 16(T) OF THIS AGREEMENT, BUYER SHALL ACCEPT THE PROPERTY IN ITS "AS-IS, WHERE-IS" CONDITION, WITH ALL FAULTS, ON THE CLOSING, AND THAT NO PATENT OR LATENT DEFECT IN THE PHYSICAL OR ENVIRONMENTAL CONDITION OF THE PROPERTY, WHETHER OR NOT KNOWN OR DISCOVERED, SHALL AFFECT THE RIGHTS OF EITHER PARTY HERETO, AND ASSUMES THE RISK THAT ADVERSE PHYSICAL, ENVIRONMENTAL, ECONOMIC OR LEGAL CONDITIONS MAY NOT HAVE BEEN REVEALED BY ITS INVESTIGATION. BUYER ALSO ACKNOWLEDGES THAT THE PURCHASE PRICE REFLECTS AND TAKES INTO ACCOUNT THAT THE PROPERTY IS BEING SOLD "AS-IS." BUYER ACKNOWLEDGES THAT IT WILL HAVE THE OPPORTUNITY TO INSPECT THE PROPERTY DURING THE INSPECTION PERIOD, AND DURING SUCH PERIOD, OBSERVE ITS PHYSICAL CHARACTERISTICS AND EXISTING CONDITIONS AND THE OPPORTUNITY TO CONDUCT SUCH INVESTIGATION AND STUDY ON AND OF THE PROPERTY AND ADJACENT AREAS AS BUYER DEEMS APPROPRIATE, AND BUYER HEREBY RELEASES SELLER AND ASSET MANAGER FROM ALL RESPONSIBILITY AND LIABILITY TO BUYER, INCLUDING WITHOUT LIMITATION, LIABILITIES UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980 (42 U.S.C. SECTIONS 9601 ET SEQ.), AS AMENDED ("CERCLA"), REGARDING THE CONDITION (INCLUDING THE PRESENCE IN THE SOIL, AIR, STRUCTURES AND SURFACE AND SUBSURFACE WATERS, OF HAZARDOUS MATERIALS OR OTHER MATERIALS OR SUBSTANCES THAT HAVE BEEN OR MAY IN THE FUTURE BE DETERMINED TO BE TOXIC, HAZARDOUS, UNDESIRABLE OR SUBJECT TO REGULATION AND THAT MAY NEED TO BE SPECIALLY TREATED, HANDLED AND/OR REMOVED FROM THE PROPERTY UNDER CURRENT OR FUTURE FEDERAL, STATE AND LOCAL LAWS, REGULATIONS OR GUIDELINES), VALUATION, SALABILITY OR UTILITY OF THE PROPERTY, OR ITS SUITABILITY FOR ANY PURPOSE WHATSOEVER. BUYER FURTHER HEREBY WAIVES (AND BY CLOSING THIS TRANSACTION WILL BE DEEMED TO HAVE WAIVED) ANY AND ALL OBJECTIONS TO OR COMPLAINTS AGAINST SELLER REGARDING (INCLUDING, BUT NOT LIMITED TO, FEDERAL, STATE AND COMMON LAW BASED ACTIONS), OR ANY PRIVATE RIGHT OF ACTION UNDER, STATE AND FEDERAL LAW TO ANY IMPLIED WARRANTIES WHICH THE PROPERTY IS OR MAY BE SUBJECT, INCLUDING, BUT NOT LIMITED TO, CERCLA AND RCRA, PHYSICAL CHARACTERISTICS AND EXISTING CONDITIONS, INCLUDING, WITHOUT LIMITATION, STRUCTURAL AND GEOLOGIC CONDITIONS, SUBSURFACE SOIL AND WATER CONDITIONS AND SOLID AND HAZARDOUS WASTE AND HAZARDOUS MATERIALS ON, UNDER, ADJACENT TO OR OTHERWISE AFFECTING THE PROPERTY. BUYER FURTHER HEREBY ASSUMES THE RISK OF YOUR ABILITYCHANGES IN APPLICABLE LAWS AND REGULATIONS RELATING TO PAST, FITNESS FOR A PARTICULAR PURPOSEPRESENT AND FUTURE ENVIRONMENTAL CONDITIONS ON THE PROPERTY AND THE RISK THAT ADVERSE PHYSICAL CHARACTERISTICS AND CONDITIONS, TITLEINCLUDING, NON- INFRINGEMENT AND QUALITYWITHOUT LIMITATION, THE PRESENCE OF HAZARDOUS MATERIALS OR OTHER CONTAMINANTS, MAY NOT HAVE BEEN REVEALED BY ITS INVESTIGATION. NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED CONTRARY IN THIS SECTION 13, THIS SECTION SHALL NOT (I) REQUIRE BUYER TO DISCHARGE OR INDEMNIFY SELLER AGAINST OR RELEASE SELLER FROM ( AND SELLER IS NOT HEREBY INDEMNIFIED, DISCHARGED OR RELEASED BY APPLICABLE LAW. MENUSIFU BUYER REGARDING) CLAIMS BROUGHT BY THIRD PARTIES AGAINST SELLER, AND ITS THIRD-(II) PRECLUDE THE EXERCISE OF ANY RIGHT BUYER MAY NOW OR HEREAFTER HAVE TO MAKE OR FILE CLAIMS OR ACTIONS AGAINST SELLER FOR CONTRIBUTION OR TO OTHERWISE IMPLEAD SELLER AS A PARTY PROVIDERS MAKE NO REPRESENTATIONS IN ANY PROCEEDINGS INITIATED BY A THIRD PARTY WHERE SUCH PROCEEDING CONCERNS THE PRESENCE IN THE SOIL, AIR, STRUCTURES AND SURFACE AND SUBSURFACE WATERS OF HAZARDOUS MATERIALS OR WARRANTIES REGARDING OTHER MATERIALS OR SUBSTANCES THAT HAVE BEEN OR MAY IN THE RELIABILITYFUTURE BE DETERMINED TO BE TOXIC, AVAILABILITYHAZARDOUS, TIMELINESSUNDESIRABLE OR SUBJECT TO REGULATION, SUITABILITY, ACCURACY AND WHERE SELLER SHALL BE LIABLE TO THIRD PARTY IF THEY HAVE VALID CLAIM THAT THE PRESENCE OR COMPLETENESS RELEASE OF SUCH MATERIALS OR SUBSTANCES OCCURRED DURING SELLER'S OWNERSHIP OF THE MENUSIFU SYSTEM, PROPERTY. BUYER HEREBY SPECIFICALLY ACKNOWLEDGES THAT BUYER HAS CAREFULLY REVIEWED THIS SECTION 13 AND DISCUSSED ITS IMPORT WITH LEGAL COUNSEL AND THAT THE SERVICES OR PROVISIONS OF THIS SECTION 13 ARE A MATERIAL PART OF THIS AGREEMENT. THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO DISCLAIMER CONTAINED IN THIS SECTION 13 SHALL NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL MERGE WITH THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESTHE PROPERTY AND SHALL SURVIVE CLOSING OR ANY TERMINATION OF THIS AGREEMENT, INCLUDING THE INTERNETWITHOUT ANY LIMITATION AS TO A SURVIVAL PERIOD. By signing in the space provided below in this Section 13, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESBuyer acknowledges that it has read and understood the provisions of this Section 13. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.BUYER: ______________________________ ______________________________ ______________________________ ______________________________

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINAS PROVIDED IN SECTION 10.1, MENUSIFU CATERPILLAR AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS AND DISTRIBUTORS (THE "CATERPILLAR PARTIES") PROVIDE NO WARRANTIES OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMCONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF YOUR ABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT PURPOSE IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSCONNECTION WITH THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE NONE OF THE CATERPILLAR PARTIES PROVIDE ANY WARRANTY THAT ANY OR ALL SECURITY ATTACKS THE DIGITAL OFFERING WILL BE DISCOVERED, REPORTED FREE FROM ERRORS OR REMEDIED, INTERRUPTION (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR THAT THERE WILL MALICIOUS CODE OR OTHERWISE) OR BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT BE EXPLICITLY SPECIFIED IN THE DIGITAL OFFERING DOCUMENTATION FOR THE APPLICABLE SUBSCRIPTION. THE CATERPILLAR PARTIES DISCLAIM ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR (INCLUDING AUTHORIZED USERS’) ACCESS OR USE OF THE DIGITAL OFFERING. YOU AGREE THAT YOUR (INCLUDING AUTHORIZED USERS’) ACCESS OR USE OF THE DIGITAL OFFERING IS AT YOUR (AND THEIR) OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR INFORMATION SYSTEMS OR ASSETS OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG SUCH WARRANTIES LAST, SO THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION 10.2 MAY NOT APPLY TO YOU. NOTWITHSTANDING YOUR (INCLUDING AUTHORIZED USERS’) ACCESS TO AND USE OF THE DIGITAL OFFERING AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THE DIGITAL OFFERING (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE REGISTERED ASSETS, YOU AND, IF YOU ARE DEALER, YOUR THIRD PARTY END CUSTOMERS ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE REGISTERED ASSETS. THE FOREGOING EXCLUSIONS AND LIMITATIONS ARE NOT INTENDED TO APPLY TO: (A) DEATH OR BODILY INJURY TO THE EXTENT DIRECTLY CAUSED BY A CATERPILLAR PARTY’S GROSS NEGLIGENCE; OR (B) FRAUD OR WILLFUL MISCONDUCT. THE DIGITAL OFFERING IS NOT INTENDED TO PROVIDE ANY THIRD-PARTY HOSTING PROVIDERSEMERGENCY, MISSION CRITICAL OR SAFETY RELATED FUNCTIONALITY AND YOU SHALL NOT USE THE DIGITAL OFFERING IN THAT MANNER. CATERPILLAR DOES NOT GUARANTEE ANY RESULTS, OR THE ACCURACY OF ANY RESULTS, THAT YOU MAY OBTAIN FROM THE DIGITAL OFFERING.

Disclaimers. EXCEPT THE NON-PAYING ORGANIZATION ASSUMES ALL RESPONSIBILITY FOR ITS SELECTION OF THE PLATFORM TO ACHIEVE ITS INTENDED RESULTS, FOR THE EXPRESS WARRANTIES SET FORTH HEREINUSE OF AND RESULTS OBTAINED FROM THE PLATFORM, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD FOR TAKING APPROPRIATE MEASURES TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES PREVENT LOSS OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYDATA. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 11.1 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACONEX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO ACONEX DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREEFREE OR THAT THE SERVICES WILL BE AVAILABLE WITHOUT INTERRUPTION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 12. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACONEX WILL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, CONSEQUENTIAL LOSS, OR OTHER DAMAGES (INCLUDING LOSS OF PROFIT, INTEREST, REVENUE, BUSINESS, GOODWILL, SAVINGS OR ANTICIPATED PROFIT OR ANY LOSS OF OR DAMAGE TO ANY CLIENT DATA, OR LOSS OF OR INTERRUPTION TO THE NON-PAYING ORGANISATION'S BUSINESS), IN EACH CASE ARISING OUT OF OR IN ANY WAY CONNECTED TO THE PROVISION OF THE PLATFORM OR THE SERVICES INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE CAUSED BY A COMPUTER VIRUS OR OTHER MALWARE OR ANY UNAVAILABLITLY OF THE PLATFORM OR THE SERVICES, AND IN EACH CASE REGARDLESS OF WHETHER ACONEX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF WHETHER A CLAIM ARISES IN CONTRACT, TORT OR OTHER, UNDER NO CIRCUMSTANCES WILL ACONEX'S (INCLUDING ITS OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES AND AGENTS): (A) LIABILITY IN ANY MONTH BE GREATER THAN U.S. $1,000; OR AND (B) ACONEX'S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT EXCEED U.S. $5,000. THE QUALITY FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSESSENTIAL PURPOSE.

Disclaimers. EXCEPT FOR IF YOU CHOOSE TO USE THE EXPRESS WARRANTIES SET FORTH HEREINSERVICES, MENUSIFU YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD AGREE THAT BOATSETTER DOES NOT HAVE AN OBLIGATION TO THE MENUSIFU SYSTEMCONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY IMPLIED KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BOATSETTER EXPLICITLY DISCLAIMS ANY WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEOR NON- INFRINGEMENT, NON- INFRINGEMENT AND QUALITYANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BOATSETTER MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY BOATS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BOATSETTER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, BOATS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BOATSETTER OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT BOATSETTER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY BOATS. BOATSETTER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY BOATSETTER. YOU AUTHORIZE BOATSETTER, DIRECTLY OR THROUGH THIRD PARTIES SUCH AS COGNITO, TO MAKE ANY INQUIRIES WE CONSIDER NECESSARY TO HELP VERIFY OR CHECK YOUR IDENTITY OR PREVENT FRAUD. THIS MAY INCLUDE ASKING YOU TO PROVIDE A FORM OF GOVERNMENT IDENTIFICATION (E.G. DRIVER’S LICENSE OR PASSPORT), YOUR DATE OF BIRTH, AND OTHER INFORMATION REQUIRING YOU TO TAKE STEPS TO CONFIRM OWNERSHIP OF YOUR EMAIL ADDRESS, PAYMENT METHODS OR PAYOUT METHODS; OR ATTEMPTING TO SCREEN YOUR INFORMATION AGAINST THIRD PARTY DATABASES. BOATSETTER RESERVES THE RIGHT TO CLOSE, SUSPEND, OR LIMIT ACCESS TO THE PAYMENT SERVICES IN THE EVENT WE ARE UNABLE TO OBTAIN OR VERIFY ANY OF THIS INFORMATION. NOTWITHSTANDING BOATSETTER’S APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, BOATSETTER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU , THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS USE OF THE MENUSIFU SYSTEMSERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY BOATS VIA THE SERVICES, , AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER BOATSETTER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE FOREGOINGSERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION FROM YOUR LISTING, BOOKING, OR USE OF ANY BOAT VIA THE MENUSIFU SYSTEM SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT BOATSETTER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL BOATSETTER'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES WILL BE TIMELYINCLUDING, UNINTERRUPTED BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR ERROR-FREE; USE OF ANY BOAT VIA THE SERVICES, OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN FROM THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESOR INABILITY TO USE THE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY BOAT OR INTERACTIONS WITH ANY OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING MEMBERS, EXCEED THE FOREGOINGAMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIEDAPPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUIF YOU ARE AN OWNER, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED AMOUNTS PAID BY BOATSETTER TO YOU ON AN "IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS IS" BASISAPPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BOATSETTER AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Disclaimers. EXCEPT (a) FAILURE TO ANY EXTENT TO MAKE AVAILABLE, OR ANY SLOW-DOWN, STOPPAGE OR INTERRUPTION OF ANY UTILITIES OR FIREWATER SERVICES DESCRIBED IN THIS ARTICLE 5 RESULTING FROM ANY CAUSE WHATSOEVER (OTHER THAN LESSOR’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) SHALL NOT RENDER LESSOR LIABLE IN ANY RESPECT FOR DAMAGES, NOR BE CONSTRUED AS AN EVICTION OF LESSEE (ACTUAL OR CONSTRUCTIVE) NOR RELIEVE LESSEE FROM FULFILLMENT OF ANY COVENANT OR AGREEMENT HEREOF. NEITHER LESSOR NOR ANY OF ITS LESSOR INDEMNIFIED PARTIES SHALL BE LIABLE TO LESSEE OR ANY OF THE EXPRESS WARRANTIES SET FORTH HEREINLESSEE INDEMNIFIED PARTIES FOR ANY LOSSES ARISING OUT OF THE PROVISION AND DELIVERY OF (OR FAILURE TO PROVIDE AND DELIVER) ANY UTILITIES OR FIREWATER SYSTEM, MENUSIFU AND LESSEE HEREBY RELEASES THE LESSOR INDEMNIFIED PARTIES FROM ALL SUCH LOSSES. (b) LESSEE ASSUMES ALL RISKS AND LIABILITIES IN CONNECTION WITH ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM USE OF ANY UTILITIES AND FIREWATER PROVIDED BY LESSOR PURSUANT TO THE TERMS OF THIS LEASE. LESSEE HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED WARRANTIES IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING OR WITH REGARD RESPECT TO THE MENUSIFU SYSTEMUTILITIES OR FIREWATER SYSTEM SO PROVIDED INCLUDING WITHOUT LIMITATION (A) THE NATURE, INCLUDING BUT NOT LIMITED QUALITY, CHARACTER OR SUFFICIENCY OF FACILITIES AND EQUIPMENT UTILIZED TO SUPPLY THE UTILITIES AND FIREWATER TO LESSEE; (B) THE CONDITION OF THE UTILITY AND FIREWATER FACILITIES; (C) ANY IMPLIED WARRANTIES SPECIFIC PRESSURE OR VOLUME OF YOUR ABILITYFIREWATER, IT BEING UNDERSTOOD THAT NO SUCH GUARANTEE IS PROVIDED BY LESSOR, AND THAT THERE MAY BE TIMES WHEN THE FIREWATER SERVICE TO EITHER OR BOTH THE TERMINAL AND THE REFINERY IS INTERRUPTED OR UNAVAILABLE, (D) THE COMPLIANCE OF OR BY THE UTILITIES OR FIREWATER WITH ANY APPLICABLE LAWS; (E) THE MERCHANTABILITY, OR FITNESS OF THE UTILITIES OR FIREWATER FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (BF) ANY OTHER MATTER WITH RESPECT TO THE QUALITY OF UTILITIES OR FIREWATER OR THEIR RESPECTIVE DELIVERY FACILITIES COLLECTIVELY THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS“DISCLAIMED MATTERS”). YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF LESSEE HEREBY WAIVES ANY SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.DISCLAIMED

Disclaimers. THE INFORMATION PRESENTED ON OR THROUGH THE PARTNER PORTAL IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINAS MAY BE EXPLICITLY OTHERWISE STATED IN ADDITIONAL TERMS, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY WE DISCLAIM AS FOLLOWS: WE DISCLAIM ALL EXPRESS LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON PARTNER PORTAL MATERIALS OR IMPLIED WARRANTIES WITH REGARD LEAD INFORMATION, BY YOU OR ANY OTHER PERSON OR ENTITY, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FURTHER, THE PROGRAM, OPENASSET MATERIALS, OPENASSET PLATFORMS, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE PROGRAM ARE PROVIDED “AS-IS.” EXCEPT TO THE MENUSIFU SYSTEMEXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PROGRAM, OPENASSET MATERIALS, OPENASSET SOLUTIONS, AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY ǪUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENONINFRINGEMENT, NON- INFRINGEMENT AND QUALITYOR ǪUIET ENJOYMENT, TO ANY WARRANTIES THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OPENASSET MATERIALS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES OPENASSET SOLUTIONS WILL BE TIMELY, UNINTERRUPTED ERROR FREE OR ERROR-FREE; OR (B) THE QUALITY FREE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETHARMFUL COMPONENTS, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE WARRANTIES ARISING OUT OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM COURSE OF DEALING OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSUSAGE OF TRADE.

Disclaimers. 5.6.1 BUYER REPRESENTS THAT IT IS ENTERING THE AGREEMENT WITHOUT RELYING UPON ANY LICENSOR REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINSPECIFIED IN THIS AGREEMENT, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMMAXIMUM EXTENT PERMITTED BY LAW, INCLUDING NEITHER PARTY MAKES (AND EACH PARTY DISCLAIMS) ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO TO, ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, SYSTEM RELIABILITY, TITLE, NON- INFRINGEMENT NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, AND QUALITYALL WARRANTIES THAT MAY OTHERWISE BE IMPLIED (INCLUDING, TO WITHOUT 5.6.2 BUYER ASSUMES COMPLETE RESPONSIBILITY, WITHOUT ANY RECOURSE AGAINST LICENSOR, FOR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS SELECTION OF THE MENUSIFU SYSTEMSOFTWARE AND SERVICES TO ACHIEVE THE INTENDED RESULTS AND FOR USE OF THE RESULTS OBTAINED FROM THE SOFTWARE AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMCOMPLETENESS, ACCURACY, AND CONTENT OF SUCH RESULTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGEXCEPT AS PROVIDED IN THIS AGREEMENT, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO LICENSOR DOES NOT REPRESENT OR WARRANT THAT (A) THE SOFTWARE OR SERVICES WILL MEET BUYER’S OR AN AUTHORIZED BUYER ENTITY’S REQUIREMENTS, THAT THE OPERATION OR USE OF THE MENUSIFU SYSTEM SOFTWARE OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE ALL ERRORS WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSCORRECTED.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES LIMITED WARRANTY SET FORTH HEREININ SECTION 7, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS THE LICENSED MATERIAL IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED THE WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. SIGSTREAM LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED MATERIAL WILL MEET LICENSEE’S REQUIREMENTS, TITLETHAT THE LICENSED MATERIAL WILL OPERATE PROPERLY IN COMBINATION WITH OTHER FUNCTIONALITY, NON- INFRINGEMENT AND QUALITYCORES, TO SOFTWARE OR PROTOCOLS, OR THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OPERATION OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES LICENSED MATERIAL WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; . SIGSTREAM LLC IN NO EVENT SHALL BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE CORE OR THE USE OR OTHER DEALINGS IN THE CORE. THE LICENSED MATERIALS ARE NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE-SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, AP- PLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMEN- TAL DAMAGE (B) INDIVIDUALLY AND COLLECTIVELY, “CRITICAL APPLICATIONS”). LICENSEE ASSUMES THE QUALITY SOLE RISK AND LIABILITY OF ANY USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT LICENSED MATERIALS IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSCRITICAL APPLICATIONS.

Disclaimers. EXCEPT CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT CUSTOMER UNDERSTANDS THE NATURE AND RISKS OF ITS OWN DECISIONS AS IT MAY RELATE TO ANY RECOMMENDATIONS OR CONSULTATIONS GIVEN BY ABRIGO TO CUSTOMER UNDER THE TERMS OF THIS AGREEMENT; THAT CUSTOMER IS QUALIFIED AND DESIRES VOLUNTARILY TO PARTICIPATE THEREIN; THAT THERE ARE INHERENT RISKS OR CONSEQUENCES, WHETHER ACTUAL, SPECULATIVE, UNKNOWN, UNKNOWABLE, UNPREDICTABLE, FINANCIAL, ECONOMIC, LEGAL, REGULATORY, OR OTHERWISE RUINOUS, UNSOUND, OR NON-BENEFICIAL OUTCOMES ASSOCIATED WITH ANY RECOMMENDATIONS OR CONSULTATIONS GIVEN BY ABRIGO TO CUSTOMER UNDER THE TERMS OF THIS AGREEMENT; AND THAT CUSTOMER KNOWINGLY AND VOLUNTARILY ACCEPTS AND ASSUMES WITHOUT EXCEPTION TOTAL RESPONSIBILITY FOR ITS OWN DECISIONS AS IT MAY RELATE TO ANY RECOMMENDATIONS OR CONSULTATIONS GIVEN BY ABRIGO TO CUSTOMER UNDER THE EXPRESS WARRANTIES SET FORTH HEREINTERMS OF THIS AGREEMENT. CUSTOMER VOLUNTARILY ACCEPTS ALL PRESENT OR FUTURE RISKS OF WHATEVER KIND OR NATURE ASSOCIATED WITH ANY RECOMMENDATIONS OR CONSULTATIONS GIVEN BY ABRIGO TO CUSTOMER UNDER THE TERMS OF THIS AGREEMENT. FURTHER, MENUSIFU ABRIGO DISCLAIMS ALL REPRESENTATIONS AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYTITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND NON-INFRINGEMENT, NON- INFRINGEMENT SYSTEM INTEGRATION, DATA ACCURACY, AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR ANY WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE CONCERNING RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR OBTAINED FROM CUSTOMER’S USE OF THE MENUSIFU SYSTEM ABRIGO PRODUCTS OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSERVICES.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINAFFILIATES PROGRAM, MENUSIFU THE UMEDOC SITE, ANY PRODUCTS AND ITS THIRD-PARTY PROVIDERS HEREBY SERVICES OFFERED ON THE UMEDOC SITE, ANY SPECIAL LINKS, LINK FORMATS, CONTENT, THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, OUR AND OUR AFFILIATES’ DOMAIN NAMES, TRADEMARKS AND LOGOS (INCLUDING THE UMEDOC MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE AFFILIATES PROGRAM ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE OFFERINGS. WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD RESPECT TO THE MENUSIFU SYSTEMSERVICE OFFERINGS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYTITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- OR NON-INFRINGEMENT AND QUALITYANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTIME. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS NEITHER WE NOR ANY OF OUR AFFILIATES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) THE OPERATION ANY ERRORS, INACCURACIES, VIRUSES, MALICIOUS SOFTWARE, OR USE OF THE MENUSIFU SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE QUALITY SERVICE OFFERINGS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF THE MENUSIFU SYSTEM OUR AFFILIATES OR THE SERVICES LICENSORS WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSCOMPENSATION, DELIVERY FAILURESREIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGBENEFITS, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT (Y) ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDINVESTMENTS, REPORTED OR REMEDIEDEXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE affiliateS PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE affiliateS PROGRAM. NOTHING IN THIS SECTION 7 WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES, LIABILITIES, OR REPRESENTATIONS THAT THERE WILL NOT CANNOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM EXCLUDED OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSLIMITED UNDER APPLICABLE LAW.

Disclaimers. EXCEPT FOR ▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ DOES NOT PROMISE THAT THE EXPRESS WARRANTIES SET FORTH HEREINSITE OR ANY CONTENT, MENUSIFU SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS THIRDCONTENT ARE DELIVERED ON AN "AS-PARTY PROVIDERS HEREBY DISCLAIM IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, TITLE, NON- INFRINGEMENT OMISSIONS AND QUALITY, CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR YOUR USE OF THE MENUSIFU SYSTEM SITE AND/OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY ANY ▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE MENUSIFU SYSTEM SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SERVICES WILL MEET YOUR REQUIREMENTSSITE OR ANY SUCH CONTENT. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THIS LIMITATION OF RELIEF IS A PART OF THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING BARGAIN BETWEEN THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUThe above disclaimer applies to any damages, THE MENUSIFU SYSTEMliability or injuries caused by any failure of performance, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASISerror, EXCLUSIVE OF ANY WARRANTY WHATSOEVERomission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-PARTY HOSTING PROVIDERSroutine maintenance, error correction, or other changes.

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Disclaimers. EXCEPT FOR The Site may provide links to Web sites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us. When you access these third-party sites, you do so at your own risk. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS WARRANTIES SET FORTH HEREINOR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO ANY TO, IMPLIED WARRANTIES OF YOUR ABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, TITLETHAT DEFECTS WILL BE CORRECTED, NON- INFRINGEMENT OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS OR OTHER USERS AND QUALITYTHAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SITE OR THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS SITES. USE OF ANY INFORMATION ON THE SITE OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) SITES IS AT THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE LIABLE FOR ANY DELAYS, DELIVERY FAILURES, LOSS OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRDRELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software. Any financial information provided on the Site is for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Site should not be used in any high-PARTY HOSTING PROVIDERSrisk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume any and all risk for your use of financial information provided on the Site.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES AS EXPRESSLY SET FORTH HEREININ THIS AGREEMENT, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMMAXIMUM EXTENT ALLOWED BY LAW, ALL CONTENT AND SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED AS IS, WITHOUT GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, . MEDBRIDGE RESERVES THE RIGHT TO DISCONTINUE COURSES OR TO CHANGE THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXPIRATION DATE AT ANY TIME. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO MEDBRIDGE DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES ITS OFFERINGS WILL BE TIMELY, UNINTERRUPTED OR ERROR-ERROR FREE; OR (B) . THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESTHE INTERNET OR ELECTRONIC COMMUNICATIONS. MENUSIFU MEDBRIDGE IS NOT RESPONSIBLE FOR LOSS OR DAMAGE RESULTING FROM DELAYS OR FAILURES NOT CAUSED BY MEDBRIDGE. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM ITS USE OF THE MEDBRIDGE WEBSITE AND ANY DELAYSINFORMATION ON THE MEDBRIDGE WEBSITE. THE INFORMATION AND CONTENT PROVIDED IN ALL COURSES ON THE MEDBRIDGE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY AND WERE DESIGNED TO BE A SUPPLEMENTARY EDUCATIONAL TOOL. IT IS THE RESPONSIBILITY OF THE TREATING PRACTITIONER, DELIVERY FAILURESRELYING ON INDEPENDENT EXPERTISE AND KNOWLEDGE OF THE PATIENT, TO DETERMINE THE BEST TREATMENT AND METHOD OF APPLICATION FOR THE PATIENT. NEITHER MEDBRIDGE NOR THE INSTRUCTOR ASSUMES ANY RESPONSIBILITY FOR ANY LOSS OR INJURY AND/OR DAMAGE TO PERSONS OR PROPERTY ARISING OUT OF THE USE OF THE MATERIAL CONTAINED IN OR RELATED TO THE SUBSCRIPTION MATERIALS. MEDBRIDGE PROVIDES ACCREDITATION REQUIREMENTS AND STATE-APPROVAL INFORMATION REGARDING ITS COURSES ON A STATE-BY-STATE AND DISCIPLINE-BY-DISCIPLINE BASIS. THESE REQUIREMENTS CHANGE REGULARLY, AND AS SUCH, MEDBRIDGE SHALL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING, DIRECTLY OR INDIRECTLY, FROM THE USE OF SUCH INFORMATION, INCLUDING DAMAGES ARISING FROM INACCURACIES, OMISSIONS, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSERRORS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY MEDBRIDGE DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSRESULTING FROM A GOVERNING BODY'S DENIAL OF A COURSE'S ACCREDITATION.

Disclaimers. EXCEPT FOR THE SOFTWARE ISPROVIDED TO YOU according to the tariffs ( by selecting a tariff you accept all the terms and conditions of the tariff) AND IS PROVIDED ON AN “AS IS” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU OR IMPLIED. COMPANY AND ITS THIRD-PARTY PROVIDERS HEREBY LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMThis section makes clear that no IP ownership is transferred to the user, INCLUDING BUT NOT LIMITED TO ANY and that the license does not entitle the user to do anything with the software other than what the user has been licensed. Automatic collection of data is highlighted by the inclusion of these provisions. COMPANY AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT TITLE AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWNON-INFRINGEMENT. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION SOFTWARE IS FREE OF BUGS, ERRORS, VIRUSES OR USE OF THE MENUSIFU SYSTEM OTHER DEFECTS OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, SOFTWARE WILL TRANSMIT DATA IN A SECURE MANNER. COMPANY AND OTHER PROBLEMS INHERENT IN ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF SUCH COMMUNICATIONS FACILITIESOR INABILITY TO USE THE SOFTWARE. MENUSIFU IS NOT RESPONSIBLE FOR COMPANY AND ITS LICENSORS PROVIDES ANY DELAYSWARRANTY OR REPRESENTATIONS OF ANY KIND THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, DELIVERY FAILURESMEET ANY PERFORMANCE OR RELIABILITY STANDARDS, ACHIEVE ANY KIND OF INTENDED PURPOSE, BE COMPATIBLE WITH ANY OTHER SOFTWARE OR SYSTEM, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSHAVE ERRORS THAT CAN BE CORRECTED Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last. WITHOUT LIMITING THE FOREGOINGTo the extent that those laws apply to this Agreement, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSthe exclusions and limitations set forth above may not apply.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD A. TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE ▇▇▇▇▇▇ SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, ▇▇▇▇▇▇ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. STATUTORY, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, QUIET ENJOYMENT, B. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO ▇▇▇▇▇▇ DOES NOT REPRESENT MAKE ANY C. COMMENTS OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR OPINIONS EXPRESSED REGARDING THE SERVICES WILL ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE SERVICES AND IN USER CONTENT DO NOT D. SERVICES ARE OFFERED IN JURISDICTIONS WHERE THEY CAN BE TIMELYLEGALLY OFFERED. THE SERVICES ARE NOT OFFERED OR SOLICITED BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT BE MADE LEGALLY. E. WE MAKE NO ENDORSEMENT, UNINTERRUPTED REPRESENTATION OR ERROR-FREEWARRANTY OF ANY KIND ABOUT ANY ▇▇▇▇▇▇ SERVICE(S). NOTWITHSTANDING THE FOREGOING, ▇▇▇▇▇▇ MAY AT ANY TIME INVESTIGATE AND EDIT (INCLUDING ANONYMIZING) PROCESSED DATA IF SUCH ACTIONS ARE (1) PROMPTED BY THIRD PARTY REQUESTS; (2) REQUIRED UNDER APPLICABLE LAW; OR (B3) NECESSARY FOR COMPLIANCE F. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE QUALITY OF THE MENUSIFU SYSTEM OR THE ▇▇▇▇▇▇ SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESREQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESSECURE, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSERROR-FREE BASIS. WITHOUT LIMITING WE MAKE NO WARRANTY REGARDING THE FOREGOINGQUALITY, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDACCURACY, REPORTED OR REMEDIEDTIMELINESS, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.TRUTHFULNESS,

Disclaimers. EXCEPT (a) FAILURE TO ANY EXTENT TO MAKE AVAILABLE, OR ANY SLOW-DOWN, STOPPAGE OR INTERRUPTION OF ANY LESSOR SERVICES DESCRIBED IN THIS ARTICLE 5 RESULTING FROM ANY CAUSE WHATSOEVER (OTHER THAN LESSOR’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) SHALL NOT RENDER LESSOR LIABLE IN ANY RESPECT FOR DAMAGES, NOR BE CONSTRUED AS AN EVICTION OF LESSEE (ACTUAL OR CONSTRUCTIVE) NOR RELIEVE LESSEE FROM FULFILLMENT OF ANY COVENANT OR AGREEMENT HEREOF. NEITHER LESSOR NOR ANY OF ITS LESSOR INDEMNIFIED PARTIES SHALL BE LIABLE TO LESSEE OR ANY OF THE EXPRESS WARRANTIES SET FORTH HEREINLESSEE INDEMNIFIED PARTIES FOR ANY LOSSES ARISING OUT OF THE PROVISION AND DELIVERY OF (OR FAILURE TO PROVIDE AND DELIVER) ANY LESSOR SERVICES, MENUSIFU AND LESSEE HEREBY RELEASES THE LESSOR INDEMNIFIED PARTIES FROM ALL SUCH LOSSES. (b) LESSEE ASSUMES ALL RISKS AND LIABILITIES IN CONNECTION WITH ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM USE OF ANY LESSOR SERVICES PROVIDED BY LESSOR PURSUANT TO THE TERMS OF THIS LEASE OTHER THAN TO THE EXTENT ARISING FROM LESSOR’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. LESSEE HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED WARRANTIES IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING OR WITH REGARD RESPECT TO THE MENUSIFU SYSTEMLESSOR SERVICES SO PROVIDED INCLUDING WITHOUT LIMITATION (I) THE NATURE, INCLUDING BUT NOT LIMITED QUALITY, CHARACTER OR SUFFICIENCY OF FACILITIES AND EQUIPMENT UTILIZED TO SUPPLY THE LESSOR SERVICES TO LESSEE; (II) THE CONDITION OF THE LESSOR SERVICES; (III) ANY IMPLIED WARRANTIES SPECIFIC PRESSURE OR VOLUME OF YOUR ABILITYFIREWATER, IT BEING UNDERSTOOD THAT NO SUCH GUARANTEE IS PROVIDED BY LESSOR, AND THAT THERE MAY BE TIMES WHEN THE FIREWATER SERVICE TO EITHER OR BOTH THE TANKS AND THE REFINERY IS INTERRUPTED OR UNAVAILABLE; (IV) THE COMPLIANCE OF OR BY THE LESSOR SERVICES WITH ANY APPLICABLE LAWS; (V) THE MERCHANTABILITY, OR FITNESS OF THE LESSOR SERVICES FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (BVI) ANY OTHER MATTER WITH RESPECT TO THE QUALITY OF LESSOR SERVICES OR THEIR RESPECTIVE DELIVERY FACILITIES (COLLECTIVELY THE MENUSIFU SYSTEM “DISCLAIMED MATTERS”). LESSEE HEREBY WAIVES ANY SUCH DISCLAIMED MATTERS. FURTHER, LESSOR MAKES NO WARRANTY OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND REPRESENTATION THAT THE MENUSIFU SYSTEM MAY BE SUBJECT LESSOR SERVICES CONFORM TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESLESSEE’S SPECIFICATIONS OR ANY LEGAL OR INDUSTRY STANDARDS. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS._____ _____ Lessor Lessee

Disclaimers. (a) EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH AS EXPRESSLY PROVIDED HEREIN, MENUSIFU THE SERVICES AND ITS THIRD-REPORTS ARE PROVIDED “AS IS,” NEITHER PARTY PROVIDERS HEREBY DISCLAIM MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYPURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO DRATA DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION SERVICES ARE ERROR-FREE OR USE OF THE MENUSIFU SYSTEM OR THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION, THAT THE REPORTS WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) ACCURATE AND DRATA GRANTS NO WARRANTY REGARDING THE QUALITY USE BY CUSTOMER OF THE MENUSIFU SYSTEM OR SERVICES. THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESTHE INTERNET AND ELECTRONIC COMMUNICATIONS. MENUSIFU DRATA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, FAILURES OR OTHER DAMAGE OR LOSS OF PROFIT DAMAGES RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING . (b) CUSTOMER ACKNOWLEDGES AND AGREES THAT DRATA IS NOT LIABLE, AND CUSTOMER AGREES NOT TO SEEK TO HOLD DRATA LIABLE, FOR THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY CONDUCT OF THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, INCLUDING PROVIDERS OF THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD-PARTY SERVICES RESTS ENTIRELY WITH CUSTOMER. (c) FROM TIME TO TIME, DRATA MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH CUSTOMER MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT DRATA’S SOLE DISCRETION. (d) CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES AND THE REPORTS PROVIDED BY DRATA TO CUSTOMER ARE INTENDED AS RECOMMENDATIONS ONLY AND DO NOT CONSTITUTE ANY WARRANTY OR GUARANTY THAT CUSTOMER, BY FOLLOWING SUCH RECOMMENDATIONS, WILL BE FULLY COMPLIANT WITH ANY APPLICABLE STANDARDS CONTEMPLATED BY THE SERVICES. CUSTOMER ACKNOWLEDGES AND AGREES THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO ENSURE THAT IT COMPLIES WITH ALL SUCH APPLICABLE STANDARDS.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOU AGREE THAT YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (BNETWORK SOLUTIONS' SERVICE(S) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET IS SOLELY AT YOUR REQUIREMENTSOWN RISK. YOU ACKNOWLEDGE AGREE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF ALL SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND AS AVAILABLE BASIS, EXCLUSIVE EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, NETWORK SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS, CONDITIONS AND REPRESENTATIONS OF ANY WARRANTY WHATSOEVERKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EACH PARTY DISCLAIMS ALL NETWORK SOLUTIONS DOES NOT MAKE ANY WARRANTY, TERM, CONDITION OR REPRESENTATION THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES NETWORK SOLUTIONS MAKE ANY WARRANTY, TERM, CONDITION OR REPRESENTATION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NETWORK SOLUTIONS' SERVICES IS DONE ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NETWORK SOLUTIONS OR THROUGH NETWORK SOLUTIONS' SERVICES OR NETWORK SOLUTIONS RA's SHALL CREATE ANY WARRANTY, TERM, CONDITION OR REPRESENTATION, UNLESS IT IS EXPRESSLY MADE HEREIN. TO THE EXTENT APPLICABLE JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS, CONDITIONS OR REPRESENTATIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NETWORK SOLUTIONS IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR WITH RESPECT TO ANY HARM PRODUCTS AND/OR DAMAGES CAUSED SERVICES PURCHASED BY ANY THIRD-PARTY HOSTING PROVIDERSYOU FROM A THIRD PARTY.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU NASAA AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS AGENTS AND SUPPLIERS MAKE NO REPRESENTATIONS OR IMPLIED WARRANTIES WITH REGARD TO ABOUT THE MENUSIFU SYSTEMSUITABILITY, RELIABILITY, AUTHENTICITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYTHE APPLICATIONS, FITNESS FOR A PARTICULAR PURPOSEDATA, TITLE, NON- INFRINGEMENT CONTENT AND QUALITYSERVICES AVAILABLE ON OR THROUGH THE WEBSITE AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, AND ALL SUCH APPLICATIONS, DATA, CONTENT AND SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MENUSIFU NASAA, ON BEHALF OF ITSELF AND ITS THIRDAGENTS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE (OR ANY PART THEREOF) INCLUDING ALL APPLICATIONS, DATA, CONTENT AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-PARTY PROVIDERS MAKE NO REPRESENTATIONS INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT NASAA OR ITS AGENTS OR SUPPLIERS KNOW, OR HAVE REASON TO KNOW, OR HAVE BEEN ADVISED OF OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) IN ALL CASES, WHETHER SUCH WARRANTIES REGARDING ARE ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE RELIABILITYTRADE OR BY COURSE OF DEALING. SPECIFICALLY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU NASAA, ON BEHALF OF ITSELF AND ITS THIRD-PARTY PROVIDERS DO AGENTS AND SUPPLIERS, DOES NOT REPRESENT OR WARRANT WARRANT: (i) THAT THE WEBSITE, INCLUDING THE APPLICATIONS, DATA, CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, (Aii) THAT DEFECTS, ERRORS OR INACCURACIES IN THE OPERATION WEBSITE, INCLUDING THE APPLICATIONS, DATA, CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, WILL BE CORRECTED, (iii) THAT ANY RESULTS OBTAINED VIA THE USE OF THE MENUSIFU SYSTEM WEBSITE, INCLUDING THE APPLICATIONS, DATA, CONTENT AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, WILL BE ACCURATE, EFFECTIVE OR RELIABLE, OR (iv) THAT THE WEBSITE, OR THE SERVICES WILL BE TIMELYSERVERS THAT MAKE THE SAME AVAILABLE, UNINTERRUPTED ARE FREE OF VIRUSES OR ERROR-FREE; OR (B) OTHER HARMFUL COMPONENTS. FURTHER, BUT WITHOUT LIMITING THE QUALITY GENERALITY OF THE MENUSIFU SYSTEM FOREGOING, NASAA AND ITS AGENTS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES ACCURACY, DEPENDABILITY, SECURITY, AUTHENTICITY OR COMPLETENESS OF DATA TRANSMITTED OVER THE INTERNET, AND UNDER NO CIRCUMSTANCES WILL MEET NASAA OR ITS AGENTS OR SUPPLIERS BE LIABLE FOR ANY LIABILITIES RESULTING FROM ANY INTRUSION, VIRUS, DISRUPTION, LOSS OF COMMUNICATION, LOSS OR CORRUPTION OF DATA, OR OTHER ERROR OR EVENT CAUSED OR PERMITTED BY OR INTRODUCED THROUGH, THE INTERENT OR YOUR REQUIREMENTSSERVERS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL NETWORK OR SERVER PROBLEMS WITH THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING INTERNET MAY PREVENT YOU FROM ACCESSING OR USING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSWEBSITE.

Disclaimers. (a) EXCEPT IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATION HEREUNDER, IN NO EVENT SHALL EITHER PARTY OR ITS SUPPLIERS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY, HOWEVER ARISING, FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) EXCEPT IN CONNECTION WITH ITS INDEMNIFICATION OBLIGATIONS HEREUNDER OR ITS ROYALTY OR COMMISSION OBLIGATIONS, WEBMD’S AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION IN ANY CALENDAR YEAR IN ANY WAY RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, SHALL NOT EXCEED ONE MILLION DOLLARS ($1,000,000) IN ANY SUCH CALENDAR YEAR. THIS SECTION REFLECTS AN ALLOCATION OF RISK BETWEEN THE PARTIES, IS NOT A PENALTY, AND SHALL BE EXCLUSIVE. THIS SECTION SHALL APPLY DESPITE ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY. (c) WEBMD REPRESENTS THAT ANY EXTERNAL CLINICAL QUALITY APPLICATION OR CONSUMER DIRECTED APPLICATION PROVIDED TO PRACTICE SERVICES PURSUANT TO THIS AGREEMENT SHALL CONFORM TO THE SPECIFICATIONS PROVIDED BY WEBMD WITH SUCH APPLICATIONS. PRACTICE SERVICES REPRESENTS THAT ANY INTERNAL CLINICAL QUALITY APPLICATIONS PROVIDED BY PRACTICE SERVICES PURSUANT TO THIS AGREEMENT WILL CONFORM TO THE SPECIFICATIONS PROVIDED BY PRACTICE SERVICES WITH SUCH APPLICATIONS. EXCEPT AS PROVIDED IN THE PRECEDING TWO SENTENCES, NEITHER COMPANY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (A) REGARDING THE USEFULNESS, ACCURACY, COMPLETENESS, FEASIBILITY, RELIABILITY OR EFFECTIVENESS OF ITS RESPECTIVE APPLICATIONS; OR (B) THE AMOUNT OF SALES THAT MAY BE GENERATED FROM THE OTHER’S APPLICATIONS. WITHOUT LIMITING THE FOREGOING, NEITHER PARTY MAKES ANY REPRESENTATIONS THAT THE OTHER’S USE OF ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE EXPRESS WARRANTIES SET FORTH HEREININ THIS SECTION 7(c) ARE IN LIEU OF ALL OTHER WARRANTIES BETWEEN THE PARTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT TITLE AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRDNON-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETINFRINGEMENT, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT WARRANTIES ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSHEREBY DISCLAIMED.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINAS STATED IN THESE MASTER TERMS, MENUSIFU CORSICA DOES NOT MAKE, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM DISCLAIMS, ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMINCLUDING, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TO, WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENT, INTEROPERABILITY, TITLE, NON- INFRINGEMENT AND QUALITYANY WARRANTIES ARISING FROM A COURSE OF DEALING, TO USAGE, OR TRADE PRACTICE. THE MAXIMUM EXTENT PERMITTED PRODUCTS AND SERVICES ARE DELIVERED BY APPLICABLE LAWCORSICA ON AN “AS IS,” “AS AVAILABLE” BASIS. MENUSIFU CORSICA DOES NOT WARRANT THAT THE SERVICES CONTEMPLATED BY THIS AGREEMENT WILL BE UNINTERRUPTED AND/OR ERROR FREE. CORSICA DOES NOT MAKE AND ITS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AGAINST LOSS OF DATA, SECURITY BREACHES, THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYINTERRUPTION, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS INTERFERENCE WITH DATA OR NETWORKS, AND EXPOSURE OR RELEASE OF PERSONALLY IDENTIFIABLE INFORMATION REGARDLESS OF CAUSE. ALL WARRANTIES PROVIDED HEREIN ARE PERSONAL TO, AND INTENDED SOLELY FOR THE BENEFIT OF CLIENT AND DO NOT REPRESENT Master Terms | Page 7 EXTEND TO ANY THIRD PARTY. CLIENT ACKNOWLEDGES THAT CORSICA SHALL BEAR NO RESPONSIBILITY FOR THE PERFORMANCE, REPAIR, OR WARRANT THAT (A) THE OPERATION OR USE WARRANTY OF ANY OF THE MENUSIFU SYSTEM CLIENT MATERIALS OR SERVICES PROVIDED TO CLIENT EXCEPT TO THE SERVICES WILL BE TIMELYEXTENT EXPRESSLY SET FORTH IN THE APPLICABLE AGREEMENT. CORSICA MAKES NO WARRANTIES OF ANY KIND, UNINTERRUPTED EXPRESSED OR ERROR-FREE; OR (B) IMPLIED, REGARDING THE QUALITY FUNCTIONALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESPRODUCTS FROM THIRD PARTIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM BUT INSTEAD RELIES ON SUCH WARRANTIES AS MAY BE SUBJECT PROVIDED BY THE MANUFACTURERS OF THOSE PRODUCTS. TO LIMITATIONSTHE EXTENT THAT ANY PRODUCTS OR MATERIALS ARE MANUFACTURED OR CREATED BY ANY THIRD PARTY, DELAYS, ANY WARRANTIES RELATED TO SUCH PRODUCTS OR MATERIALS COME SOLELY AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING EXCLUSIVELY FROM SUCH PROBLEMSTHIRD PARTY. WITHOUT LIMITING THE FOREGOINGCorsica shall not be liable for any repairs, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDreplacement, REPORTED OR REMEDIEDdowntime, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIESmalfunction, nonperformance, or other loss if the applicable Products or Services are: (i) altered, modified, or repaired by persons other than Corsica; (ii) misused, abused, or not operated in accordance with the documentation or specifications provided by Corsica; or (iii) subject to improper site preparation or maintenance by persons other than Corsica or persons approved or designated by Corsica. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUClient further acknowledges and agrees that: (a) with respect to any and all third-party materials that Corsica may be supporting as part of the Services, THE MENUSIFU SYSTEMsuch third-party materials manufactured and/or developed by third parties and Corsica is not independently able or directly responsible for making corrections thereto — Corsica shall have no liability to Client in connection with the failure of the applicable third party to correct an issue; and (b) if Client elects not to follow specific advice or policies provided by Corsica in connection with the Services or directs Corsica not to follow such advice (e.g., SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASISpassword administration policies, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSimproving environmental controls in Client’s server rooms, increasing Client’s hard drive capacity), Corsica shall not be liable for any downtime, security breaches, or other damages caused by Client’s directions or failure to follow the advice and Corsica shall be reimbursed at its then current rates for any additional Professional Services required to address resulting issues.

Disclaimers. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION, OR ANY CONTENT ON THE SITES, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. EXCEPT FOR AS MAY BE PROVIDED IN A WARRANTY BY THE EXPRESS WARRANTIES SET FORTH HEREINMANUFACTURER OF A PRODUCT, MENUSIFU ALL OFFERINGS ARE PROVIDED ON AN “AS IS” AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF YOUR ABILITYANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. BENESSERE NORTH DISCLAIMS ALL OTHER WARRANTIES, EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYNON-INFRINGEMENT, TO ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE MAXIMUM EXTENT PERMITTED OFFERINGS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICABLE LAW. MENUSIFU AND BENESSERE NORTH, ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYEMPLOYEES, AVAILABILITYPROVIDERS, TIMELINESSAGENTS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING OFFERINGS, WILL INCREASE THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESSCOPE OF, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSCREATE ANY NEW WARRANTIES. WITHOUT LIMITING THE FOREGOINGSome jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSso some or all of the disclaimers in this Section may not apply to you.

Disclaimers. EXCEPT FOR ELECTRONIC TRANSMISSIONS, INCLUDING THE EXPRESS INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION. YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES SET FORTH HEREINOF ANY KIND EXPRESS, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO ANY TO, IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYNONINFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYDESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY COMPATIBILITY OR COMPLETENESS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE MENUSIFU SYSTEM, THE SERVICES SITE OR THE RESULTS YOU MAY OBTAIN BY USING SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES SITE WILL BE TIMELYCONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE; , THAT DEFECTS WILL BE CORRECTED, OR (B) THAT THE QUALITY OF THE MENUSIFU SYSTEM SITE, SERVICES, CONTENT, MATERIALS OR THE SERVICES WILL MEET YOUR REQUIREMENTSSERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALSAVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE TRANSFER USE OR THE RESULTS OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSTHE SERVICES, DELIVERY FAILURESCONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHER DAMAGE OR LOSS OTHERWISE. YOU ASSUME THE ENTIRE COST OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGALL NECESSARY SERVICING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIEDREPAIR, OR THAT THERE CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In the event we are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from the Site or from a third-party site that links to or from the Site or third party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Indemnified Parties with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters. Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site. If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of HWI which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Site, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any member, buyer or supplier (and all of your and their Information) from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such Information. You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks. To the extent we list or link to third party products or services, our site acts as the venue for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and buyers to purchase such products and services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction. We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. Although we intend that product descriptions contained in the Site be current and accurate, we make no warranty or representation that descriptions of products in the Site are accurate, complete, current, or reliable in any or all respects. In the event that a product described in the Site is not as described, your sole remedy is to return it in unused condition in accordance with the suppliers' return policy. NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE CREATE A WARRANTY OF ANY WARRANTY WHATSOEVERKIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. EACH PARTY DISCLAIMS ALL WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES, SHALL HAVE ANY LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE. The Site may contain technical inaccuracies or typographical errors or omissions. Lemon Tree Hotels is not responsible for any typographical, photographic, technical or pricing (including without limitation mistaken hotel rates) errors listed on our Site. We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

Disclaimers. EXCEPT CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SOFTWARE WAS DEVELOPED FOR GENERIC USE AND WAS NOT CUSTOMIZED TO MEET THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYCUSTOMER’S SPECIFIC NEEDS. THEREFORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES WARRANTIES SET FORTH IN THIS SECTION 7 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND SERENA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND STATUTORY WARRANTIES OF NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE RESULTS YOU MAY OBTAIN BY USING STATE OF ART DOES NOT ALLOW FOR THE MENUSIFU SYSTEMDEVELOPMENT OF ERROR-FREE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGTO THIS EFFECT, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO SERENA DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION SOFTWARE OR MAINTENANCE SHALL MEET CUSTOMER’S REQUIREMENTS OR THAT USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL SOFTWARE SHALL BE TIMELY, UNINTERRUPTED OR ERROR-ERROR FREE; OR (B) . TO THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES MAXIMUM EXTENT PERMITTED BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUAPPLICABLE LAW, THE MENUSIFU SYSTEM, SERVICES REMEDIES SET FORTH IN THIS SECTION 7 ARE CUSTOMER’S SOLE AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE CONTRACTUAL REMEDIES AND SERENA’S SOLE AND EXCLUSIVE LIABILITY REGARDING FAILURE OF ANY WARRANTY WHATSOEVERSOFTWARE TO FUNCTION OR PERFORM AS WARRANTED IN THIS SECTION 7. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD7.2 Renúncias. O CLIENTE RECONHECE E CONCORDA QUE O SOFTWARE FOI DESENVOLVIDO PARA USO GENÉRICO E NÃO FOI CUSTOMIZADO PARA ATENDER ÀS NECESSIDADES ESPECÍFICAS DO CLIENTE. PORTANTO, NA MÁXIMA EXTENSÃO PERMITIDA PELA LEI APLICÁVEL, AS GARANTIAS ESTABELECIDAS NESTA CLÁUSULA 7 SÃO EXCLUSIVAS E SUBSTITUEM TODAS AS OUTRAS GARANTIAS, EXPRESSAS OU IMPLÍCITAS, E A SERENA RENUNCIA EXPRESSAMENTE À TODAS AS OUTRAS GARANTIAS, INCLUINDO TODA E QUALQUER GARANTIA IMPLÍCITA DE COMERCIALIZAÇÃO, ADEQUAÇÃO A UMA FINALIDADE ESPECÍFICA E GARANTIAS ESTATUTÁRIAS DE NÃO-PARTY HOSTING PROVIDERSVIOLAÇÃO. O CLIENTE RECONHECE E CONCORDA QUE O ESTADO DA ARTE NÃO PERMITE O DESENVOLVIMENTO DE SOFTWARE LIVRE DE ERROS. POR ISSO, A SERENA NÃO GARANTE QUE O SOFTWARE OU A MANUTENÇÃO ATENDERÃO ÀS NECESSIDADES DO CLIENTE OU QUE O USO DO SOFTWARE SERÁ ININTERRUPTO OU LIVRE DE ERROS. NA MÁXIMA EXTENSÃO PERMITIDA PELA LEI APLICÁVEL, OS RECURSOS ESTABELECIDOS NESTA CLÁUSULA 7 SÃO OS ÚNICOS E EXCLUSIVOS RECURSOS CONTRATUAIS DO CLIENTE E A ÚNICA E EXCLUSIVA RESPONSABILIDADE DA SERENA EM RELAÇÃO AO NÃO FUNCIONAMENTO OU FALHA DE DESEMPENHO DO SOFTWARE CONFORME GARANTIDO NESTA CLÁUSULA 7.

Disclaimers. EXCEPT FOR TO THE EXPRESS FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES SET FORTH HEREINOF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY WE AND THE PAYMENT CARD NETWORKS EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYTITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRDNON-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU WE AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THE PAYMENT CARD NETWORKS MAKE NO WARRANTY THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE ; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN OBTAINED FROM THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY DELAYSPRODUCTS, DELIVERY FAILURESSERVICES, INFORMATION, OR OTHER DAMAGE MATERIAL PURCHASED OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING OBTAINED BY YOU THROUGH THE FOREGOING, MENUSIFU DOES NOT WARRANT SERVICES WILL MEET YOUR EXPECTATIONS; OR GUARANTEE THAT (E) ANY OR ALL SECURITY ATTACKS ERRORS IN THE SERVICES WILL BE DISCOVEREDCORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF IMPLIED WARRANTIES, REPORTED OR REMEDIEDSO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, OR THAT THERE ANY LIMITATION WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, CONSTRUED TO THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSMAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINYOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMEXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEMEXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMIMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON­INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FOREGOINGSERVICES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT THAT THE FUNCTIONS CONTAINED IN OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR PERFORMED BY THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY OPERATION OF THE SERVICES WILL BE SUBJECT UNINTERRUPTED OR ERROR­FREE, THAT ANY SERVICE WILL CONTINUE TO LIMITATIONSBE MADE AVAILABLE, DELAYS, AND OTHER PROBLEMS INHERENT THAT DEFECTS IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS SERVICES WILL BE DISCOVERED, REPORTED OR REMEDIEDCORRECTED, OR THAT THERE THE SERVICES WILL NOT BE COMPATIBLE OR WORK WITH ANY SECURITY BREACHES THIRD­PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. OPERATION OF THE SERVICES MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS, OR THIRD PARTY SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIRD PARTIESCHARGERBACK OR A CHARGERBACK AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, ANY STATEMENTS OR REPRESENTATIONS ABOUT THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED THEIR FUNCTIONALITY IN THE USER DOCUMENTATION OR ANY COMMUNICATION WITH YOU CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.YOU

Disclaimers. EXCEPT FOR OTHER THAN AS EXPLICITLY STATED UNDER THIS AGREEMENT, TO THE EXPRESS WARRANTIES SET FORTH HEREINEXTENT PERMITTED BY APPLICABLE LAW, MENUSIFU THE SOFTWARE AND ITS THIRDTHE DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE'S OPERATION WILL BE SECURE, UNINTERRUPTED, ERROR-PARTY PROVIDERS HEREBY DISCLAIM FREE, FREE OF VIRUSES, BUGS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS. TO THE EXTENT ALLOWED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS OR WARRANTIES, ALL IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING AND ALL CONDITIONS, INCLUDING, BUT NOT LIMITED TO ANY TO, THE IMPLIED WARRANTIES OR CONDITION OF YOUR ABILITYMERCHANTABILITY, NON-INTERFERENCE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLESATISFACTORY QUALITY AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, NON- INFRINGEMENT AND QUALITY, DUE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYATTACKING NETWORKS, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU COMPANY DOES NOT WARRANT THAT THE SOFTWARE OR GUARANTEE ANY EQUIPMENT OR SYSTEM SUPPLIED BY THE COMPANY WITH THE SOFTWARE (IF ANY), WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. TO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR ALL SECURITY ATTACKS WILL BE DISCOVEREDWARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD AND REMEDIES REFERRED TO IN SUBSECTION 4.1 ABOVE. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, REPORTED OR REMEDIED, OR THAT THERE WILL SO THE LIMITATION DESCRIBED ABOVE MAY NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED APPLY TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSYOU.

Disclaimers. EXCEPT THE PAYING ORGANIZATION ASSUMES ALL RESPONSIBILITY FOR ITS SELECTION OF THE PLATFORM TO ACHIEVE ITS INTENDED RESULTS, FOR THE EXPRESS WARRANTIES SET FORTH HEREINUSE OF AND RESULTS OBTAINED FROM THE PLATFORM, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD FOR TAKING APPROPRIATE MEASURES TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES PREVENT LOSS OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITYDATA. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 13.1 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACONEX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO ACONEX DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREEFREE OR THAT THE SERVICES WILL BE AVAILABLE WITHOUT INTERRUPTION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 14. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACONEX WILL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, CONSEQUENTIAL LOSS, OR OTHER DAMAGES (INCLUDING LOSS OF PROFIT, INTEREST, REVENUE, BUSINESS, GOODWILL, SAVINGS OR ANTICIPATED PROFIT OR ANY LOSS OF OR DAMAGE TO ANY CLIENT DATA, OR LOSS OF OR INTERRUPTION TO CLIENT'S BUSINESS), IN EACH CASE ARISING OUT OF OR IN ANY WAY CONNECTED TO THE PROVISION OF THE PLATFORM OR THE SERVICES INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE CAUSED BY A COMPUTER VIRUS OR OTHER MALWARE, AND IN EACH CASE REGARDLESS OF WHETHER ACONEX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF WHETHER A CLAIM ARISES IN CONTRACT, TORT OR OTHER, UNDER NO CIRCUMSTANCES WILL ACONEX'S (INCLUDING ITS OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES AND AGENTS): (A) LIABILITY IN ANY MONTH BE GREATER THAN 100% OF THE MONTHLY FEE; OR AND (B) ACONEX'S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT EXCEED THE QUALITY TOTAL AMOUNT OF FEES PAID BY THE MENUSIFU SYSTEM OR PAYING ORGANIZATION TO ACONEX UNDER THIS AGREEMENT THROUGH THE SERVICES DATE THE CLAIM AROSE. THE FOREGOING LIMITATIONS WILL MEET YOUR REQUIREMENTSAPPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES15. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.INDEMNITIES

Disclaimers. EXCEPT FOR YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THAT THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO REGARDING THE MENUSIFU SYSTEMPLATFORM AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING BUT NOT LIMITED TO ANY THE IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENON-INFRINGEMENT, NON- INFRINGEMENT AND QUALITYCORRECTNESS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS ACCURACY, OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU WE, OUR SUBSIDIARIES, AFFILIATES, AND ITS THIRD-PARTY PROVIDERS LICENSORS DO NOT REPRESENT OR WARRANT THAT TO YOU THAT: (A) THE OPERATION YOUR ACCESS TO OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES PLATFORM WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT (B) YOUR ACCESS TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE OR USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) USAGE DATA PROVIDED THROUGH THE PLATFORM WILL BE ACCURATE, (D) THE PLATFORM OR ANY DELAYSCONTENT, DELIVERY FAILURESSERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE PLATFORM ARE FREE OF VIRUSES OR OTHER DAMAGE HARMFUL COMPONENTS, OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE (E) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PLATFORM WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL OF THE ABOVE EXCLUSIONS MAY NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED APPLY TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSYOU.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- NON-INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES SYSTEM OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES CONTENT AND CONTENT BETA MENUSIFU SOFTWARE ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

Disclaimers. EXCEPT FOR THE EXPRESS 9.1 NOTWITHSTANDING ANY REPRESENTATIONS OR WARRANTIES SET FORTH PROVIDED HEREIN, MENUSIFU DAKOTA PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, DAKOTA AND ITS THIRD-PARTY PROVIDERS HEREBY SUPPLIERS AND LICENSORS DISCLAIM ALL EXPRESS WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIED WARRANTIES WITH REGARD TO OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND NON-INFRINGEMENT, NON- INFRINGEMENT AND QUALITYTHOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT WARRANTY IS MADE THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELYERROR FREE OR UNINTERRUPTED, UNINTERRUPTED THAT ANY ERRORS OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES’ FUNCTIONALITY AND OUTPUT WILL MEET YOUR THE CUSTOMER’S REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL ▇▇▇▇▇▇ MAKES NO REPRESENTATION OR WARRANTY REGARDING THE TRANSFER RESULTS OBTAINED FROM USE OF THE SERVICES. 9.2 THE DATA OVER COMMUNICATIONS FACILITIES, INCLUDING INCLUDED IN OR OTHERWISE MADE AVAILABLE THROUGH THE INTERNETSERVICES ARE PROVIDED BY DAKOTA ON AN “AS IS” AND “AS AVAILABLE” BASIS. ▇▇▇▇▇▇ MAKES NO REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, REGARDING THE DATA, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES AS TO THE DATA’S ACCURACY, VALIDITY, INTEGRITY OR THE RESULTS OBTAINED FROM THE USE THEREOF. CUSTOMER AGREES THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESTHE CONTENT AND ANY RESULTS OBTAINED THEREFROM IS AT CUSTOMER’S SOLE RISK. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU CUSTOMER UNDERSTAND AND AGREES THAT ▇▇▇▇▇▇ DOES NOT WARRANT HAVE ANY DUTY TO UPDATE, MODIFY OR GUARANTEE THAT CORRECT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSDATA.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINSITE(S), MENUSIFU THE MATERIALS AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS ANY SOFTWARE, PRODUCT OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO SERVICE OBTAINED FROM US ARE PROVIDED IN ORIGINAL CONDITION AND WITHOUT ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU , the PDR AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES REGARDING THE RELIABILITYOF TITLE, AVAILABILITYWITHOUT VIOLATION OF RIGHTS, TIMELINESSACCURACY, SUITABILITYMERCHANTABILITY AND FITNESS FOR A CERTAIN PURPOSE, ACCURACY OR COMPLETENESS AND ALSO ANY WARRANTIES THAT MAY ARISE AS A RESULT OF THE MENUSIFU SYSTEMEXECUTION OF TRANSACTIONS, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION PERFORMANCE OR USE OF TRADING OPERATIONS. APPLICABLE LAW MAY NOT ALLOW THE MENUSIFU SYSTEM EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. COMPANY PDR AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY WARRANTIES THAT YOUR USE OF THE SITE(S), THE MATERIALS OR THE SERVICES ANY SOFTWARE, PRODUCT OR SERVICE WILL BE TIMELYUNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE; , OR (BSECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE(S), THE SERVERS ON WHICH THE SITE(S) THE QUALITY OF THE MENUSIFU SYSTEM IS HOSTED, OR THE SERVICES WILL MEET YOUR REQUIREMENTSANY SOFTWARE DO NOT CONTAIN VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL YOU ARE RESPONSIBLE FOR THE TRANSFER OBTAINING AND MAINTENANCE OF DATA OVER COMMUNICATIONS FACILITIESALL TELEPHONE, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, COMPUTER EQUIPMENT AND OTHER PROBLEMS INHERENT IN EQUIPMENT REQUIRED TO ACCESS AND USE THE SITE(S) AND USE ALL THESE EQUIPMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF SUCH COMMUNICATIONS FACILITIESTHE SITE(S) AND THE SOFTWARE AND FOR YOUR TRUST IN THEM. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSNO OPINIONS, DELIVERY FAILURESADVICE OR STATEMENTS BY PDR OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, PARTICIPANTS OR OTHER DAMAGE VISITORS, IF MADE ON SITE(S), IN SOFTWARE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGOTHERWISE, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE MAKE ANY SECURITY BREACHES BY THIRD PARTIESWARRANTY. EXCEPT WHERE EXPRESSLY PDR RESERVES THE RIGHT TO CHANGE ANY SOFTWARE OR HARDWARE CONFIGURATIONS (INCLUDING DATA STORAGE POSSIBILITIES) AT ANY TIME, AT ITS SOLE DISCRETION. YOUR USE OF THE SITE(S) AND ANY MATERIALS PROVIDED OTHERWISE BY MENUSIFU, THROUGH THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSITE(S) IS SOLELY AT YOUR SOLE RISK.

Disclaimers. (a) EXCEPT AS SET FORTH IN SECTION 9(a) HEREOF, SELLER DISCLAIMS THE MAKING OF ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROPERTY OR MATTERS AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE PHYSICAL CONDITION OF THE PROPERTY, THE EXISTENCE OF WETLANDS ON THE PROPERTY, THE QUALITY OF ANY WORK OR MATERIALS USED IN CONNECTION WITH THE IMPROVEMENTS ON THE PROPERTY, TITLE TO OR THE BOUNDARIES OF THE PROPERTY, PEST CONTROL MATTERS, SOIL CONDITION, HAZARDOUS WASTE, TOXIC SUBSTANCE OR OTHER ENVIRONMENTAL MATTERS, COMPLIANCE WITH BUILDING, HEALTH, SAFETY, LAND USE AND ZONING LAWS, REGULATIONS AND ORDERS, STRUCTURAL AND OTHER ENGINEERING CHARACTERISTICS, TRAFFIC PATTERNS, THE DEVELOPMENT POTENTIAL OF AND/OR REQUIREMENTS TO DEVELOP THE PROPERTY AND THE PROPERTY’S USE, FITNESS, VALUE OR ADEQUACY FOR ANY PARTICULAR PURPOSE, AND ALL OTHER INFORMATION PERTAINING TO THE PROPERTY. BUYER, MOREOVER, ACKNOWLEDGES (I) THAT BUYER HAS ENTERED INTO THIS AGREEMENT WITH THE INTENTION OF MAKING AND RELYING UPON ITS OWN INDEPENDENT INVESTIGATION, INSPECTION, ANALYSIS, EXAMINATION AND EVALUATION OF THE PHYSICAL, ENVIRONMENTAL, ECONOMIC AND LEGAL CONDITION OF THE PROPERTY AND ALL OTHER RELEVANT FACTS AND CIRCUMSTANCES AND (II) THAT, EXCEPT AS SET FORTH IN SECTION 9(a) HEREOF, BUYER IS NOT RELYING UPON ANY REPRESENTATIONS AND WARRANTIES MADE BY SELLER, SELLER’S AGENTS, BROKERS, MANAGEMENT AGENT OR ANYONE ELSE ACTING OR CLAIMING TO ACT ON SELLER’S BEHALF CONCERNING THE PROPERTY (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, OFFERING PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY). BUYER FURTHER ACKNOWLEDGES THAT IT HAS NOT RECEIVED FROM SELLER ANY INVESTMENT, ACCOUNTING, TAX, LEGAL, ENVIRONMENTAL, ARCHITECTURAL, ENGINEERING, PROPERTY MANAGEMENT OR OTHER ADVICE WITH RESPECT TO THIS TRANSACTION AND IS RELYING SOLELY UPON THE ADVICE OF ITS OWN INVESTMENT, ACCOUNTING, TAX, LEGAL ENVIRONMENTAL, ARCHITECTURAL, ENGINEERING, PROPERTY MANAGEMENT AND OTHER ADVISORS. SUBJECT TO THE PROVISIONS OF SECTION 9(a) OF THIS AGREEMENT, BUYER SHALL ACCEPT THE PROPERTY IN ITS “AS-IS, WHERE-IS” CONDITION, WITH ALL FAULTS, ON THE CLOSING, AND THAT NO PATENT OR LATENT DEFECT IN THE PHYSICAL OR ENVIRONMENTAL CONDITION OF THE PROPERTY, WHETHER OR NOT KNOWN OR DISCOVERED, SHALL AFFECT THE RIGHTS OF EITHER PARTY HERETO, AND ASSUMES THE RISK THAT ADVERSE PHYSICAL, ENVIRONMENTAL, ECONOMIC OR LEGAL CONDITIONS MAY NOT HAVE BEEN REVEALED BY ITS INVESTIGATION. BUYER ALSO ACKNOWLEDGES THAT THE PURCHASE PRICE REFLECTS AND TAKES INTO ACCOUNT THAT THE PROPERTY IS BEING SOLD “AS-IS.” (b) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINPROVIDED BY SELLER IN SECTION 9(a), MENUSIFU BUYER, ON BEHALF OF ITSELF AND ITS THIRD-PARTY PROVIDERS THE BUYER’S PARTIES AND THEIR SUCCESSORS AND ASSIGNS, AND EACH OF THEM, HEREBY DISCLAIM RELEASES SELLER AND EACH OF THE SELLER PARTIES AND THEIR SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL EXPRESS CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES AND LIABILITIES OF ANY NATURE WHATSOEVER, DIRECTLY OR IMPLIED WARRANTIES INDIRECTLY, ARISING OUT OF OR RELATED TO THE CONDITION OF THE PROPERTY. WITHOUT IN ANY WAY LIMITING ANY PROVISION OF THIS SECTION 13, BUYER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT IT HEREBY WAIVES, RELEASES AND DISCHARGES ANY CLAIM IT HAS, MIGHT HAVE HAD OR MAY HAVE AGAINST SELLER OR ANY OF THE SELLER PARTIES WITH RESPECT TO (i) THE DISCLAIMED MATTERS DESCRIBED IN SECTION 13(a) ABOVE, (ii) THE CONDITION OF THE PROPERTY, EITHER PATENT OR LATENT, (iii) THE PAST, PRESENT OR FUTURE CONDITION OR COMPLIANCE OF THE PROPERTY WITH REGARD TO ANY RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, THE MENUSIFU SYSTEMCOMPREHENSIVE ENVIRONMENTAL RESPONSE, INCLUDING BUT NOT LIMITED TO COMPENSATION AND LIABILITY ACT OF 1980, AND (iv) ANY IMPLIED WARRANTIES OTHER STATE OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, FACTS THAT EXISTS WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPROPERTY. MENUSIFU BUYER HEREBY SPECIFICALLY ACKNOWLEDGES THAT BUYER HAS CAREFULLY REVIEWED THIS SECTION 13 AND DISCUSSED ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING IMPORT WITH LEGAL COUNSEL AND THAT THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS PROVISIONS OF THIS SECTION 13 ARE A MATERIAL PART OF THIS AGREEMENT. THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO DISCLAIMER CONTAINED IN THIS SECTION 13 SHALL NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL MERGE WITH THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESTHE PROPERTY AND SHALL SURVIVE CLOSING OR ANY TERMINATION OF THIS AGREEMENT, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT WITHOUT ANY LIMITATION AS TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSA SURVIVAL PERIOD.

Disclaimers. EXCEPT FOR NOTHWITHSTANDING ANYTHING TO THE EXPRESS WARRANTIES SET FORTH CONTRARY HEREIN, MENUSIFU THE CLIENT SOFTWARE IS PROVIDED “AS-IS” AND ITS THIRDLEVEL 3 MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING USE OF THE CLIENT SOFTWARE, AND MAKES NO WARRANTY THAT THE CLIENT SOFTWARE OR USE THEREOF WILL BE UNINTERRUPTED, ERROR-PARTY PROVIDERS FREE OR VIRUS-FREE. LEVEL 3 HEREBY DISCLAIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF YOUR ABILITYWARRANTY TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION PURPOSE OR USE OR ANY WARRANTY OF THE MENUSIFU SYSTEM NON-INFRINGEMENT OR THE SERVICES WILL BE TIMELYARISING FROM A COURSE OF DEALING, UNINTERRUPTED USAGE OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSTRADE PRACTICE. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND CUSTOMER ACKNOWLEDGES THAT THE MENUSIFU SYSTEM CLIENT SOFTWARE MAY INCLUDE VERSIONS OF SOFTWARE, APPLICATION PROGRAMMING INTERFACES, BUGS, VIRUSES AND OTHER ERRORS, MAY HAVE LIMITED FUNCTIONALITY, MAY BE SUBJECT TO LIMITATIONSINTERRUPTIONS OR DELAYS, DELAYSMAY NOT PROCESS DATA PROPERLY, MAY NOT OPERATE IN ACCORDANCE WITH ANY SPECIFICATIONS OR DOCUMENTATION, AND/OR MAY NOT SUPPORT CUSTOMER’S BUSINESS REQUIREMENTS (“ERRORS”). ANY DOCUMENTATION, USER’S MANUALS, SPECIFICATIONS, AND OTHER PROBLEMS INHERENT MATERIALS SUPPLIED BY LEVEL 3 PERTAINING TO THE CLIENT SOFTWARE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇ OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY MATERIALS SUPPLIED IN CONNECTION WITH THE CLIENT SOFTWARE OR ACCURACY OF ANY RESULTS OR OUTPUT RENDERED BY THE CLIENT SOFTWARE OR THAT THE CLIENT SOFTWARE IS ERROR-FREE, AND CUSTOMER AGREES THAT LEVEL 3 SHALL NOT BE LIABLE FOR ANY DAMAGE SUFFERED BY CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE CLIENT SOFTWARE, OR CAUSED BY SUCH COMMUNICATIONS FACILITIESERRORS. MENUSIFU IS CUSTOMER AGREES THAT LEVEL 3 SHALL NOT RESPONSIBLE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY ON CUSTOMER’S BEHALF FOR ANY DELAYSREASON WHATSOEVER. CUSTOMER’S USE OF THE CLIENT SOFTWARE IS AT CUSTOMER’S OWN RISK, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE AND CUSTOMER AGREES THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE AND EVERY FORM OF LIABILITY TO LEVEL 3 IS EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSDISCLAIMED.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINAS STATED IN THESE MASTER TERMS, MENUSIFU CORSICA DOES NOT MAKE, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM DISCLAIMS, ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMINCLUDING, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TO, WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENT, INTEROPERABILITY, TITLE, NON- INFRINGEMENT AND QUALITYANY WARRANTIES ARISING FROM A COURSE OF DEALING, TO USAGE, OR TRADE PRACTICE. THE MAXIMUM EXTENT PERMITTED PRODUCTS AND SERVICES ARE DELIVERED BY APPLICABLE LAWCORSICA ON AN “AS IS,” “AS AVAILABLE” BASIS. MENUSIFU CORSICA DOES NOT WARRANT THAT THE SERVICES CONTEMPLATED BY THIS AGREEMENT WILL BE UNINTERRUPTED AND/OR ERROR FREE. CORSICA DOES NOT MAKE AND ITS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AGAINST LOSS OF DATA, SECURITY BREACHES, THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYINTERRUPTION, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS INTERFERENCE WITH DATA OR NETWORKS, AND EXPOSURE OR RELEASE OF PERSONALLY IDENTIFIABLE INFORMATION REGARDLESS OF CAUSE. ALL WARRANTIES PROVIDED HEREIN ARE PERSONAL TO, AND INTENDED SOLELY FOR THE BENEFIT OF CLIENT AND DO NOT REPRESENT EXTEND TO ANY THIRD PARTY. CLIENT ACKNOWLEDGES THAT CORSICA SHALL BEAR NO RESPONSIBILITY FOR THE PERFORMANCE, REPAIR, OR WARRANT THAT (A) THE OPERATION OR USE WARRANTY OF ANY OF THE MENUSIFU SYSTEM CLIENT MATERIALS OR SERVICES PROVIDED TO CLIENT EXCEPT TO THE SERVICES WILL BE TIMELYEXTENT EXPRESSLY SET FORTH IN THE APPLICABLE AGREEMENT. CORSICA MAKES NO WARRANTIES OF ANY KIND, UNINTERRUPTED EXPRESSED OR ERROR-FREE; OR (B) IMPLIED, REGARDING THE QUALITY FUNCTIONALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESPRODUCTS FROM THIRD PARTIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM BUT INSTEAD RELIES ON SUCH WARRANTIES AS MAY BE SUBJECT PROVIDED BY THE MANUFACTURERS OF THOSE PRODUCTS. TO LIMITATIONSTHE EXTENT THAT ANY PRODUCTS OR MATERIALS ARE MANUFACTURED OR CREATED BY ANY THIRD PARTY, DELAYS, ANY WARRANTIES RELATED TO SUCH PRODUCTS OR MATERIALS COME SOLELY AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING EXCLUSIVELY FROM SUCH PROBLEMSTHIRD PARTY. WITHOUT LIMITING THE FOREGOINGCorsica shall not be liable for any repairs, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDreplacement, REPORTED OR REMEDIEDdowntime, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIESmalfunction, nonperformance, or other loss if the applicable Products or Services are: (i) altered, modified, or repaired by persons other than Corsica; (ii) misused, abused, or not operated in accordance with the documentation or specifications provided by Corsica; or (iii) subject to improper site preparation or maintenance by persons other than Corsica or persons approved or designated by Corsica. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUClient further acknowledges and agrees that: (a) with respect to any and all third-party materials that Corsica may be supporting as part of the Services, THE MENUSIFU SYSTEMsuch third-party materials manufactured and/or developed by third parties and Corsica is not independently able or directly responsible for making corrections thereto — Corsica shall have no liability to Client in connection with the failure of the applicable third party to correct an issue; and (b) if Client elects not to follow specific advice or policies provided by Corsica in connection with the Services or directs Corsica not to follow such advice (e.g., SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASISpassword administration policies, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSimproving environmental controls in Client’s server rooms, increasing Client’s hard drive capacity), Corsica shall not be liable for any downtime, security breaches, or other damages caused by Client’s directions or failure to follow the advice and Corsica shall be reimbursed at its then current rates for any additional Professional Services required to address resulting issues.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINPHILIPS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, TITLE, NON-INFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT WITH RESPECT TO ALL MATTERS RELATING TO THIS AGREEMENT. ALL SERVICES AND QUALITY, MATERIALS AND THE HSDP PLATFORM ARE PROVIDED “AS IS” TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND PHILIPS DOES NOT REPRESENT THAT ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS PRODUCTS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY HSDP PLATFORM WILL MEET CUSTOMER’S REQUIREMENTS OR THAT OPERATION OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES HSDP PLATFORM WILL BE TIMELY, UNINTERRUPTED OR ERROR-ERROR FREE; , OR (B) THAT ERRORS OR DEFECTS CAN BE CORRECTED. TO THE QUALITY EXTENT ANY SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSMINIMUM PERMITTED UNDER SUCH LAW. YOU ACKNOWLEDGE CUSTOMER ACKNOWLEDGES THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU PHILIPS IS NOT RESPONSIBLE FOR THE INTEGRITY OF DATA AND INFORMATION, INCLUDING WITHOUT LIMITATION, CUSTOMER CONTENT, INCLUDING COMPLETENESS, ACCURACY, VALIDITY, AUTHORIZATION FOR USE AND INTEGRITY OVER TIME, AND PHILIPS SHALL NOT BE RESPONSIBLE FOR ANY DELAYSLOSS, DELIVERY FAILURESDAMAGE OR LIABILITY ARISING OUT OF CUSTOMER MATERIALS, INCLUDING ANY MISTAKES CONTAINED IN CUSTOMER DATA OR THE USE OR TRANSMISSION OF CUSTOMER DATA. CUSTOMER ACCEPTS SOLE RESPONSIBILITY FOR, AND ACKNOWLEDGES THAT IT EXERCISES ITS OWN INDEPENDENT JUDGMENT IN, ITS SELECTION AND USE OF CUSTOMER MATERIALS AND ANY RESULTS OBTAINED THEREFROM. PHILIPS DOES NOT ENDORSE, SUGGEST, ADVOCATE, CONTROL, OR OTHER DAMAGE OTHERWISE REQUIRE THAT THE HSDP PLATFORM IS USED BY CLIENT AND THEREFORE, CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT EVEN IF ANY OF THE HSDP PLATFORM CONTRIBUTES IN PART TO ANY INTELLECTUAL PROPERTY INFRINGEMENT, PHILIPS IS NOT DIRECTLY OR LOSS INDIRECTLY LIABLE UNDER ANY THEORY OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSLAW.

Disclaimers. 8.1 Neither Energy Systems, the DOE, nor persons acting on their behalf will be responsible for any injury to or death of persons or other living things or damage to or destruction of property or for any other loss, damage, or injury of any kind whatsoever resulting from Licensee's manufacture, use, or sale of materials, information, or Proprietary Rights hereunder. 8.2 EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH HEREINHEREINABOVE, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL NEITHER ENERGY SYSTEMS, THE DOE, NOR PERSONS ACTING ON THEIR BEHALF MAKE ANY WARRANTY, EXPRESS OR IMPLIED WARRANTIES IMPLIED: (1) WITH REGARD RESPECT TO THE MENUSIFU SYSTEMMERCHANTABILITY, INCLUDING BUT NOT LIMITED TO ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY IMPLIED WARRANTIES OF YOUR ABILITYSERVICES, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO MATE OR INFORMATION FURNISHED HEREUNDER; (2) THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF ANY SUCH SERVICES, MATERIALS, OR INFORMATION WILL NOT INFRINGE PRIVATELY OWNED RIGHTS; (3) THAT THE MENUSIFU SYSTEM SERVICES, MATERIALS, OR THE SERVICES INFORMATION FURNISHED HEREUNDER WILL BE TIMELY, UNINTERRUPTED NOT RESULT IN INJURY OR ERROR-FREEDAMAGE WHEN USED FOR ANY PURPOSE; OR (B4) THAT THE QUALITY OF SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL ACCOMPLISH THE MENUSIFU SYSTEM INTENDED RESULTS OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESARE SAFE FOR ANY PURPOSE, INCLUDING THE INTERNETINTENDED OR PARTICULAR PURPOSE. FURTHERMORE, ENERGY SYSTEMS AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONSDOE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, DELAYSEXPRESS OR IMPLIED, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSPRODUCTS MANUFACTURED, DELIVERY FAILURESUSED, OR OTHER DAMAGE SOLD BY LICENSEE. NEITHER ENERGY SYSTEMS NOR THE DOE SHALL BE LIABLE FOR CONSEQUENTIAL OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGINCIDENTAL DAMAGES IN ANY EVENT. 8.3 Licensee agrees to indemnify Energy Systems, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDthe DOE, REPORTED OR REMEDIEDand persons acting on their behalf for all damages, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUcosts, THE MENUSIFU SYSTEMand expenses, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASISincluding attorney's fees, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSarising from, but not limited to, Licensee's making, using, selling, or exporting of any, Proprietary Rights, information, or Products, in whatever form furnished hereunder.

Disclaimers. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN OR AS OTHERWISE AGREED TO IT, TM Tech SHALL NOT COMPENSATE YOU OR GIVE YOU ANY CREDITS FOR ANY PROBLEMS YOU MAY ENCOUNTER. THE EXPRESS SERVICES MAY BE TERMINATED AT ANY TIME PURSUANT TO SECTION l. WITHOUT LIMITING THE FOREGOING, TM Tech WORKS, THE MARKS, THE SERVICES, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS, AND OTHER DATA OR INFORMATION PROVIDED BY US OR OUR LICENSORS IN CONNECTION THEREWITH (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS.” WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES SET FORTH HEREINOF ANY KIND, MENUSIFU WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND ITS THIRD-PARTY PROVIDERS HEREBY OUR LICENSORS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENON­INFRINGEMENT, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. MENUSIFU WE AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS OUR LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES SERVICE OFFERINGS WILL FUNCTION AS DESCRIBED, WILL BE TIMELY, UNINTERRUPTED OR ERROR-ERROR FREE; , OR (B) THE QUALITY FREE OF THE MENUSIFU SYSTEM HARMFUL COMPONENTS, OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY DATA YOU STORE WITHIN THE SERVICE OFFERINGS WILL BE SUBJECT TO LIMITATIONS, DELAYS, SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY DELAYSSERVICE INTERRUPTIONS, DELIVERY FAILURESINCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, INCLUDING THOSE THAT AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE SETTLEMENT OF ANY PAYMENT SERVICES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSNOT EXPRESSLY STATED IN THIS AGREEMENT.

Disclaimers. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINOF EACH SELLER CONTAINED IN THIS AGREEMENT (OR IN ANY CONVEYANCE EXECUTED PURSUANT TO THIS AGREEMENT) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, MENUSIFU EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM EACH SELLER EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING, THE PROPERTIES SHALL BE CONVEYED PURSUANT HERETO WITHOUT ANY STATUTORY OR IMPLIED WARRANTIES WITH REGARD WARRANTY OR REPRESENTATION RELATING TO THE MENUSIFU SYSTEMCONDITION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYQUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLECONFORMITY TO THE MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE AND, NON- INFRINGEMENT EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WITHOUT ANY OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTY WHATSOEVER. UPON CLOSING, BUYER SHALL BE DEEMED TO HAVE INSPECTED AND QUALITYSATISFIED ITSELF AS TO THE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTIES, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (“NORM”). EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES OF EACH SELLER CONTAINED IN THIS AGREEMENT, BUYER IS RELYING SOLELY ON ITS OWN INSPECTIONS AND DUE DILIGENCE AND SHALL ACCEPT ALL THE PROPERTIES IN THEIR “AS IS” AND “WHERE IS” CONDITION. WITHOUT LIMITATION OF THE FOREGOING, NO SELLER MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT, RELATIVE TO PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTIES OR THE ABILITY OR POTENTIAL OF THE PROPERTIES TO PRODUCE HYDROCARBONS OR THE ENVIRONMENTAL CONDITION OF THE PROPERTIES OR ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY ANY SELLER OR BY ANY SELLER’S AGENTS OR REPRESENTATIVES. ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS (WRITTEN OR ORAL) FURNISHED BY ANY SELLER OR OTHERWISE MADE AVAILABLE OR DISCLOSED TO BUYER ARE PROVIDED BUYER AS A CONVENIENCE AND SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF OR AGAINST ANY SELLER AND ANY RELIANCE ON OR USE OF THE SAME SHALL BE AT BUYER’S SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES 5.1 DISCLAIMER OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWARRANTIES. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS WE DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSREQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUS, TROJANS OR OTHER SUCH HARMFUL OR MALICIOUS CONTENT. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY HEREBY DISCLAIMS (FOR ITSELF AND ITS THIRDSUPPLIERS AND LICENSORS) ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-PARTY PROVIDERS CONTROL THE TRANSFER INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DATA OVER COMMUNICATIONS FACILITIESDEALING, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN COURSE OF PERFORMANCE OR USAGE OF TRADE. 5.2 COMPANY DOES NOT WARRANT THE USE OF STICKIT ALONE WILL ENABLE YOU TO COMPLY WITH PRIVACY LAWS AND OTHER REGULATORY REQUIREMENTS, IT BEING EXPRESSLY UNDERSTOOD BY THE PARTIES THAT IT IS YOUR OBLIGATION TO ENSURE YOUR USE OF SALESFORCE AND YOUR SALESFORCE ACCOUNT COMPLY WITH PRIVACY LAWS AND ANY OTHER APPLICABLE REGULATORY REQUIREMENTS. 5.3 IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSDELIVERY.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINLIMITED WARRANTY SPECIFIED ABOVE, MENUSIFU THE SOFTWARE IS PROVIDED “AS IS” AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM DEVOLUTIONS EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OTHER WARRANTIES, EXPRESSED OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM(WHETHER ARISING BY STATUTE, INCLUDING BUT NOT LIMITED COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, WARRANTY OF TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS), IMPLIED WARRANTIES WARRANTY OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, TITLEIMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, NON- INFRINGEMENT COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME THE ENTIRE RISK AND QUALITYRESPONSIBILITY AS TO PERFORMANCE AND FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND OBJECTIVES (INCLUDING ANTICIPATED PROFITS OR SAVINGS DERIVED FROM THE USE OF THE SOFTWARE), WHETHER OR NOT DISCLOSED TO DEVOLUTIONS. WITHOUT LIMITING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWFOREGOING PROVISIONS, DEVOLUTIONS MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE, VIRUS-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. MENUSIFU AND ITS DEVOLUTIONS PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS COMPONENTS INCORPORATED INTO OR WARRANTIES REGARDING INTERACTING WITH THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMSOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) DEVOLUTIONS HAS NO OBLIGATION TO DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNETFOREGOING WARRANTY DISCLAIMERS ARE IN ADDITION TO, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT NOT IN REPLACEMENT OF, ANY OTHER WARRANTY DISCLAIMER APPLYING TO LIMITATIONSOPEN SOURCE SOFTWARE AS PROVIDED IN APPLICABLE PUBLIC LICENSES, DELAYS, WHICH DISCLAIMERS ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED DEEMED TO APPLY TO YOU ON AN "AND EACH USER FOR THE BENEFIT OF DEVOLUTIONS AND ALL OPEN SOURCE SOFTWARE CONTRIBUTORS (AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVERAPPLICABLE). EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.[Table of Content]

Disclaimers. EXCEPT FOR CUSTOMER UNDERSTANDS AND AGREES THAT THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS FOLLOWING LIMITATION S ARE AN ESSENTIAL PART OF THE MENUSIFU SYSTEM, CONSIDERATION TO iiX FOR ENTERING INTO THIS AGREEMENT. THE SERVICES OR LIMITATIONS ARE SPECIFICALLY DESIGNED AND AGREED TO BY THE RESULTS YOU MAY OBTAIN BY USING PARTIES TO ALLOCATE AND LIMIT RISKS BETWEEN THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY PARTIES IN LIGHT OF THE FOREGOING, MENUSIFU PRIC ES CHARGED AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OTHER BUSINESS TERMS OF THIS AGREEMENT. CERTAIN OF THE MENUSIFU SYSTEM INFORMATION SERVICES PROVIDED UNDER THIS AGREEMENT ARE FROM INFORMATION OR THE SERVICES WILL BE TIMELYSERVIC ES SUPPLIED BY VARIOUS STATE AGENCIES, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYSSERVICE PROVIDERS, AND OTHER PROBLEMS INHERENT IN SERVICE BUREAUS (COLLECTIVELY, “DATA PROVID ERS”). THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, INFORMATION SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASISAND NEITHER iiX NOR ITS DATA PROVIDERS IN ANY WAY WARRANT OR ASSUME ANY LIABILITY FOR THE ACCURACY, EXCLUSIVE TIMELINESS, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND/OR COMPLETENESS OF ANY WARRANTY INFORMATION SERVICE PROVIDED UNDER THIS AGREEMENT. AT THE DISCRETION OF THE CUSTOMER, WHERE PERMITTED, MOTOR VEHICLE REPORTS MAY BE SUPPLIED FR OM DATABASE OR HISTORY FILES. THESE DATABASE REPORTS MAY NOT CONTAIN THE SAME DATA AS A CURRENT STATE REPORT. THE REPORT WILL BE NOTED AS A DATABASE REPORT AND WILL SHOW THE ORIGINAL REPORT DATE. NEITHER iiX NOR ITS DATA PROVIDER S ASSUME RESPONSIBILITY FOR CHARGES INCURRED, LOST REVENUE, OR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE WHATSOEVER, INCLUDIN G BUT NOT LIMITATED TO, ERRORS IN CUSTOMER INPUT, DUPLICATE REQUESTS, ERRORS IN TRANSMISSION, PROGRAM OR EQUIPMENT FAILURES, COMMUNICATION PROBLEMS, PROCESS DELAYS, OR SCHEDULE CHANGES. EACH PARTY DISCLAIMS ALL IN NO EVENT SHALL iiX'S OR THE APPLIC ABLE DATA PROVIDER ’S LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR EXCEED THE CHARGES ACTUALLY PAID TO iiX BY CUSTOMER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSSUCH CLAIM.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH HEREININ SECTION 10, MENUSIFU AND ITS THIRDWE MAKE NO WARRANTIES REGARDING THE SOFTWARE OR SERVICES. NO ORAL INFORMATION OR ADVICE GIVEN BY US OR A JAMF-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, FITNESS FOR AUTHORIZED RESELLER WILL CREATE A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS WE DO NOT WARRANT AGAINST ALL INTERFERENCE WITH YOUR ENJOYMENT OF THE MENUSIFU SYSTEMSOFTWARE OR SERVICES, THAT THE SERVICES FUNCTIONS CONTAINED IN THE SOFTWARE OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT WE WILL CORRECT ALL DEFECTS IN THE SOFTWARE OR SERVICES. YOU ACKNOWLEDGE WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION THAT NEITHER MENUSIFU NOR ITS THE SOFTWARE OR SERVICES WILL DETECT OR PREVENT ANY SYSTEM ATTACK, THREAT, MALWARE OR VULNERABILITY. WE MAKE NO GUARANTEES AND PROVIDE NO WARRANTY REGARDING THIRD-PARTY PROVIDERS CONTENT OR THIRD-PARTY PATCH MATERIALS. THE WARRANTIES JAMF PROVIDES IN SECTION 10 DO NOT APPLY TO THIRD-PARTY CONTENT OR THIRD- PARTY PATCH MATERIALS AND JAMF DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OR LOSS RELATED TO THIRD- PARTY CONTENT OR THIRD-PARTY PATCH MATERIALS. FURTHER, JAMF DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSCONTENT, DELIVERY FAILURES, MATERIALS OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU PRODUCTS FOUND ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSWEBSITES THAT ARE ACCESSED BY A USER ON A DEVICE THAT IS USING THE SOFTWARE OR SERVICES.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU WEBSITE AND ITS THIRD-PARTY PROVIDERS HEREBY MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO ANY INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF YOUR ABILITYTITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLEAND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, NON- INFRINGEMENT AND QUALITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCOURSE OF PERFORMANCE OR USAGE OF TRADE. MENUSIFU COMPANY AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYAFFILIATES, AVAILABILITYLICENSORS, TIMELINESSCUSTOMERS, SUITABILITYSUPPLIERS, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEMADVERTISERS, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU SPONSORS AND ITS THIRD-PARTY PROVIDERS AGENTS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR YOUR USE OF THE MENUSIFU SYSTEM WEBSITE OR THE SERVICES MATERIALS WILL BE TIMELYUNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE; FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE (BOR ANY PART THEREOF INCLUDING THE MATERIALS), THE SERVER(S) ON WHICH THE QUALITY WEBSITE IS HOSTED OR SOFTWARE ARE FREE OF THE MENUSIFU SYSTEM VIRUSES OR THE SERVICES WILL MEET YOUR REQUIREMENTSOTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, YOU ARE RESPONSIBLE FOR OBTAINING AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, MAINTAINING ALL COMPUTER HARDWARE AND OTHER PROBLEMS INHERENT EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, CUSTOMERS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF SUCH COMMUNICATIONS FACILITIESTHE WEBSITE AND ANY MATERIALS AND SERVICES PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSA possibility exists that the Website (including the Materials, DELIVERY FAILURESsoftware and all other information or content on or accessible from the Website) could include inaccuracies or errors, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSor information or materials that violate this Agreement. WITHOUT LIMITING THE FOREGOINGAdditionally, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDa possibility exists that unauthorized alterations could be made by third parties to the Website. Although we attempt to maintain and ensure the integrity of the Website, REPORTED OR REMEDIEDwe make no guarantees as to the Website’s completeness or correctness. In the event that a situation arises in which the Website’s completeness or correctness is in question, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIESplease contact us at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website, as well as information sufficient to enable us to contact you. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSWe will try to address your concerns as soon as reasonably possible.

Disclaimers. EXCEPT ▪ DISCLAIMER OF IMPLIED WARRANTIES ▪ THE Youni SOLUTION, INCLUDING FOR GREATER CERTAINTY, THE EXPRESS WARRANTIES SET FORTH HEREINCONTENT, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL REFERENCES, LINKS AND INFORMATION IN THE CONTENT, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF YOUR ABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT NON-INFRINGEMENT, SECURITY OR ACCURACY. ▪ YOUR RELIANCE ON CONTENT ▪ ▇▇▇▇▇ HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU, AND QUALITYYOU ACKNOWLEDGE THAT ▇▇▇▇▇ HAS NO CONTROL OVER, AND NO DUTY TO THE MAXIMUM EXTENT PERMITTED TAKE ANY ACTION REGARDING ANY ACTS OR OMISSIONS TAKEN BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS YOU OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS ANY OTHER USER OF THE MENUSIFU SYSTEMYouni SOLUTION, INCLUDING HOW YOU OR ANY OTHER USER MAY INTERPRET OR USE CONTENT ACCESSED OR DEVELOPED THROUGH THE SERVICES Youni SOLUTION, OR THE RESULTS WHAT ACTIONS YOU MAY OBTAIN TAKE AS A RESULT OF HAVING BEEN EXPOSED TO CONTENT OBTAINED THROUGH THE Youni SOLUTION. ▪ THE CONTENT ON THE Youni SOLUTION INCLUDES REFERENCES TO THIRD PARTIES, INCLUDING THE Youni PARTNERS, LINKS TO THIRD PARTY WEBSITES OR DOCUMENTS, AND INCORPORATES INFORMATION OBTAINED FROM THIRD PARTIES, INCLUDING Youni PARTNERS. CONTENT MAY ALSO BE CREATED BY USING THE MENUSIFU SYSTEM▇▇▇▇▇ BASED ON SUCH THIRD PARTY INFORMATION, WHICH MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE TO ▇▇▇▇▇. WITHOUT LIMITING THE GENERALITY ▪ ▇▇▇▇▇ ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, INACCURACIES, EFFECTIVENESS, STANDARDS COMPLIANCE, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, OR ANY OTHER ASPECT OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT CONTENT PROVIDED THROUGH THE Youni SOLUTION. ▪ UNDER NO CIRCUMSTANCES WILL Youni BE LIABLE FOR ANY LOSS OR WARRANT THAT (A) THE OPERATION OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH USE OF THE MENUSIFU SYSTEM Youni SOLUTION, INCLUDING ANY THIRD PARTY LINKED SITE (INCLUDING ANY OPINIONS, STATEMENTS OR ADVICE). ▪ IT IS YOUR RESPONSIBILITY TO EVALUATE THE SERVICES WILL BE TIMELYACCURACY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY COMPLETENESS AND USEFULNESS OF ANY CONTENT PROVIDED, AND USE OF THE MENUSIFU SYSTEM Youni SOLUTION IS SOLELY AT YOUR OWN RISK. ▪ ▇▇▇▇▇ WILL HAVE NO LIABILITY WHATSOEVER RESPECTING ANY CLAIM BY YOU OR THE SERVICES WILL MEET ANY THIRD PARTY WHOSE CONTENT IS COLLECTED IN YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESTHE Youni SOLUTION, WHETHER RELATED TO PRIVACY OR OTHERWISE, IN RELATION TO ▇▇▇▇▇’S USE OF YOUR DATA TO PROVIDE THE Youni SOLUTION. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS▪ Control of Third Parties ▪ Youni has no control over Youni Partners or any other entity granting visas, DELIVERY FAILURESadmissions, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSpermits or other authorizations in connection with the Application; you acknowledge that the success of your Application is solely within the control of such third parties, not ▇▇▇▇▇, and therefore release Youni from all liability in relation to your Application. WITHOUT LIMITING THE FOREGOING▪ Rejection of Applications ▪ Youni is not responsible in any way for your Application, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS mistakes in Your Data, or your failure to obtain entrance to your selected Program(s) or Youni Partner(s). ▪ Issues with Youni Partners ▪ All issues respecting Applications, Programs, and your failure to comply with Youni Partner policies, are solely as between you and the applicable Youni Partner, and Youni bears no responsibility or liability in relation to such matters. ▪ Inability to Access Country ▪ You are solely responsible for fulfilling any entry requirements necessary to gain admission into the country where your Program is located in compliance with Applicable Law and any requirements of Governmental or Regulatory Authorities. ▪ Service Providers ▪ Although Youni has made reasonable efforts to verify that its agreements with its service providers are reasonably protective of Your Data, you acknowledge that Youni has no liability for any acts or omissions of third parties in relation to such servers and the data stored on them. You therefore hereby release Youni from all liability for any governmental or third party action taken in such jurisdictions with respect to such information and data or the servers on which Your Data resides, and you acknowledge that you retain sole responsibility to back up and retain copies of such information and data. ▪ Unauthorized use of Access Information ▪ Youni is not responsible or liable in any way for any use of the Youni Solution (authorized or unauthorized) by any third party accessing the Youni Solution using your Access Information, and you accept all responsibility for such use of the Youni Solution and any consequences resulting from such use of the Youni Solution. ▪ Use for Time Sensitive Applications ▪ You agree that ▇▇▇▇▇ will not be liable for any claims or damages arising from such use if you use the Youni Solution for a time sensitive use. ▪ Availability of the Youni Solution ▪ Youni WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED HAVE NO LIABILITY WHATSOEVER TO YOU ON AN "AS IS" BASISOR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE TIMELINESS OR CONTINUED AVAILABILITY OF THE Youni SOLUTION. ▪ Applicable Law ▪ Some jurisdictions do not allow the exclusion of certain warranties or liability, EXCLUSIVE OF ANY WARRANTY WHATSOEVERso the above limitations or exclusions may not apply to you. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS▪ Viruses ▪ The downloading and viewing of Content is done at your own risk. Youni cannot and does not guarantee or warrant that the Youni Solution or the Content are compatible with your computer system or that the Youni Solution, or any links from the Youni Solution or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and your are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Youni Solution. ▪ Communications Not Confidential or Secure ▪ Youni does not guarantee the confidentiality of any communications made by your through the Youni Solution, over the internet or over the telephone. Although Youni generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Youni Solution, you understand, agree and acknowledge that ▇▇▇▇▇ cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Youni Solution.