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 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 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 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 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 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 FOR THE EXPRESS WARRANTIES SET FORTH HEREINALL XXXXXXXXXXXX.XXX TECHNOLOGY AND RELATED SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER XXXXXXXXXXXX.XXX NOR ITS SUPPLIERS MAKE ANY WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. XXXXXXXXXXXX.XXX MAKES NO REPRESENTATION, TITLEWARRANTY OR GUARANTEE THAT XXXXXXXXXXXX.XXX TECHNOLOGY WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, NON- INFRINGEMENT AND QUALITYTHAT CUSTOMER DATA WILL BE ACCURATE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS COMPLETE OR WARRANTIES REGARDING THE RELIABILITYPRESERVED WITHOUT LOSS, 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 XXXXXXXXXXXX.XXX TECHNOLOGY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; . XXXXXXXXXXXX.XXX DOES NOT GUARANTEE THAT SECURITY MEASURES WILL BE ERROR-FREE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS BEYOND ITS REASONABLE CONTROL. XXXXXXXXXXXX.XXX WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CUSTOMER PROPERTIES, THIRD PARTY PRODUCTS, THIRD PARTY CONTENT, OR XXX-XXXXXXXXXXXX.XXX SERVICES (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 FACILITIESINCLUDING FOR ANY DELAYS, INCLUDING THE INTERNETINTERRUPTIONS, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONSTRANSMISSION ERRORS, DELAYSSECURITY FAILURES, AND OTHER PROBLEMS INHERENT CAUSED BY THESE ITEMS), FOR REGULATED DATA RECEIVED FROM CUSTOMER IN BREACH OF THIS AGREEMENT, FOR THE COLLECTION, USE AND DISCLOSURE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURESCUSTOMER DATA AUTHORIZED BY THIS AGREEMENT, OR FOR DECISIONS OR ACTIONS TAKEN (OR NOT TAKEN) BY CUSTOMER BASED UPON XXXXXXXXXXXX.XXX TECHNOLOGY OR XXXXXXXXXXXX.XXX’S RELATED SERVICES (INCLUDING CHANGES TO CUSTOMER PROPERTIES). THE DISCLAIMERS IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN. CUSTOMER MAY HAVE OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMSSTATUTORY RIGHTS. WITHOUT LIMITING HOWEVER, ANY STATUTORILY REQUIRED WARRANTIES UNDER APPLICABLE LAW, IF ANY, SHALL BE LIMITED TO 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 SHORTEST PERIOD AND MAXIMUM EXTENT PERMITTED 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. 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. 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. EXCEPT YOUR RENTAL AND OPERATION OF THE VEHICLE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CABANA PROVIDES ONLY SECONDARY INSURANCE COVERAGE FOR YOUR OPERATION OR USE OF THE EXPRESS WARRANTIES SET FORTH HEREINVEHICLE COVERING DAMAGE TO THIRD PARTIES ONLY AND THAT CABANA DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON YOU, MENUSIFU AND BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL SOLE DISCRETION. THE VEHICLE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO IMPLIED. WITHOUT LIMITING THE MENUSIFU SYSTEMFOREGOING, INCLUDING BUT NOT LIMITED TO CABANA EXPLICITLY DISCLAIMS ANY IMPLIED 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. CABANA MAKES NO WARRANTY THAT THE VEHICLE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. XXXXXX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY VEHICLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CABANA OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU UNDERSTAND THAT XXXXXX IS NOT OBLIGATED TO REVIEW OR INSPECT ANY VEHICLES. XXXXXX EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR BOOKING OF AND USE OF ANY VEHICLE VIA THE SERVICES REMAINS WITH YOU. THE CABANA PARTIES WILL NOT 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 THIS AGREEMENT, FROM YOUR BOOKING, OR USE OF ANY VEHICLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE CABANA PARTIES HAVE 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. IN NO EVENT WILL CABANA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR BOOKING OR USE OF ANY VEHICLE VIA THE SERVICES, OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES 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 APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CABANA AND YOU. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF CABANA OR THE OTHER CABANA PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYADDITIONALLY, 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 SOME JURISDICTIONS DO NOT REPRESENT ALLOW THE EXCLUSION OR WARRANT THAT (A) LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO 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 ABOVE LIMITATION MAY BE SUBJECT NOT APPLY 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 PROVIDERSYOU.

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 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 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 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 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 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 (a) UIRF MAKES NO REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE NOT EXPRESSLY SET FORTH HEREIN, MENUSIFU IN THIS AGREEMENT. UIRF EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMWARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; COURSE OF DEALING, TITLE, NON- INFRINGEMENT AND QUALITY, USAGE OR TRADE PRACTICE; WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS SCOPE, VALIDITY OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS ENFORCEABILITY OF THE MENUSIFU SYSTEMTECHNICAL INFORMATION AND PATENT RIGHTS, AND WITH RESPECT TO THE SERVICES LICENSED PRODUCT(S) AND/OR LICENSED PROCESS(ES)(S) OR LICENSED PROCESS(ES) CONTEMPLATED BY THIS AGREEEMENT; THAT ANY PATENT WILL ISSUE AND REMAIN; AND THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY NONINFRINGEMENT OF THE FOREGOINGMANUFACTURE, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT USE, SALE, OFFER FOR SALE OR WARRANT THAT (A) THE OPERATION OR USE IMPORTATION OF THE MENUSIFU SYSTEM LICENSED PRODUCT(S) AND/OR THE SERVICES WILL LICENSED PROCESS(ES)S, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. IN NO EVENT SHALL UIRF BE TIMELYLIABLE FOR LOSS OF PROFITS, UNINTERRUPTED LOSS OF USE, OR ERROR-FREE; ANY OTHER CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR (B) THE QUALITY OF THE MENUSIFU SYSTEM PUNITIVE DAMAGES. NOTHING SHALL LIMIT UIRF'S REMEDIES OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESABILITY TO RECOVER DAMAGES, INCLUDING THE INTERNETINCREASED DAMAGES FOR WILLFUL INFRINGEMENT, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESEVENT UIRF ASSERTS ITS INTELLECTUAL PROPERTY RIGHTS. (b) UIRF assumes no responsibility whatsoever with respect to design, development, manufacture, use, sale or other disposition by Licensee or Licensee's Affiliates of the Licensed Product(s) and/or Licensed Process(es)(s) or Licensed Process(es). MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSThe entire risk as to the design, DELIVERY FAILURESdevelopment, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGmanufacture, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDoffering for sale, REPORTED OR REMEDIEDsale, 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 disposition and performance of Licensed Product(s) and/or Licensed Process(es)(s) or Licensed Process(es) are assumed in their entirety by the Licensee.

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 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. 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 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 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. (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 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 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 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 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. 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 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. 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. 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 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 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 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 XXXXXX 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. 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 THE EXPRESS SOFTWARE, CONTENT, AND ANY PORTIONS THEREOF, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES SET FORTH HEREINOF ANY KIND. RENDIA, MENUSIFU INC. AND ITS THIRD-EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, CONTRIBUTORS AND THIRD PARTY PROVIDERS HEREBY (THE " RENDIA, INC. RELATED PARTIES") DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS CONCERNING THE SOFTWARE AND CONTENT, AND SPECIFICALLY DISCLAIM ALL ANY WARRANTY OR REPRESENTATION CONCERNING THE QUALITY, SAFETY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR FUNCTIONALITY OF THE SOFTWARE AND CONTENT. MOREOVER, RENDIA, INC. AND THE RENDIA, INC. RELATED PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEACCURACY, NON- AND/OR NON-INFRINGEMENT AND QUALITY, OF ANY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE AND CONTENT. MENUSIFU RENDIA, INC. AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS THE RENDIA, INC. RELATED PARTIES ALSO DO NOT WARRANT THE SOFTWARE AND CONTENT TO BE FREE OF ANY ERROR OR WARRANTIES REGARDING DEFECT. YOU: (1) ASSUME THE RELIABILITY, AVAILABILITY, TIMELINESS, ENTIRE RISK AS TO THE SUITABILITY, ACCURACY OR COMPLETENESS USE, RESULTS OF USE, PERFORMANCE, ACCURACY, COMPLETENESS, CURRENTNESS AND PERFORMANCE OF THE MENUSIFU SYSTEMSOFTWARE AND CONTENT; (2) WAIVE ANY CLAIM OF DETRIMENTAL RELIANCE UPON THE SOFTWARE AND CONTENT; AND (3) AGREE TO INDEPENDENTLY VERIFY, THROUGH OTHER SOURCES, THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY ACCURACY, COMPLETENESS AND CURRENTNESS 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 PROVIDERSCONTENT.

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 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. 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 THE EXPRESS WARRANTIES SET FORTH HEREINSOFTWARE IS COMPLEX COMPUTER SOFTWARE. ITS PERFORMANCE WILL VARY DEPENDING ON THE LICENSED PARTIES’ HARDWARE PLATFORM, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO SOFTWARE INTERACTIONS, 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 CONFIGURATION 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, SOFTWARE AND OTHER PROBLEMS INHERENT IN FACTORS. THE USE OF SUCH COMMUNICATIONS FACILITIESSOFTWARE IS NEITHER FAULT TOLERANT NOR FREE FROM ERRORS, CONFLICTS OR INTERRUPTIONS. 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 STILOG DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS THE SOFTWARE WILL MEET A LICENSED PARTY’S REQUIREMENTS, THAT THE SOFTWARE WILL OPERATE ERROR- FREE, THAT A LICENSED PARTY’S USE OF THE SOFTWARE WILL BE DISCOVERED, REPORTED OR REMEDIEDUNINTERRUPTED, OR THAT THERE STILOG WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUCORRECT ALL ERRORS IN THE XXXXXXXX.XX ADDITION, THE MENUSIFU SYSTEMWARRANTY IN SECTION 4.1 ABOVE DOES NOT COVER, SERVICES AND CONTENT STILOG SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR PROBLEMS CAUSED BY MODIFICATIONS OR CUSTOMIZATIONS TO THE SOFTWARE MADE BY A LICENSED PARTY OR ANY OTHER THIRD PARTY ACTING ON A LICENSED PARTY’S BEHALF, OR EVENTS BEYOND STILOG’S REASONABLE CONTROL.THE WARRANTIES STATED IN SECTION 4.1 ARE PROVIDED THE SOLE AND EXCLUSIVE WARRANTIES PERTAINING TO YOU ON AN "AS IS" BASISTHE SOFTWARE AND DOCUMENTATION. TO THE EXTENT PERMITTED BY LAW, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY STILOG EXPRESSLY DISCLAIMS ALL LIABILITY OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY AND INDEMNIFICATION OBLIGATIONS FITNESS FOR ANY HARM A PARTICULAR XXXXXXX.XX THE EXTENT AN IMPLIED WARRANTY OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSGUARANTEE CANNOT BE DISCLAIMED, IT WILL ONLY BE EFFECTIVE FOR THE TERM OF THE LIMITED WARRANTY.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINPROGRAM, MENUSIFU THE INFLUENCERCEO SITE, ANY PRODUCTS AND ITS THIRD-PARTY PROVIDERS HEREBY SERVICES OFFERED ON THE INFLUENCERCEO OR GINAKERSHAW SITE, ANY COUPON, UNIQUE LINKS, LINK FORMATS, CONTENT, OUR AND OUR AFFILIATES’ DOMAIN NAMES, TRADEMARKS AND LOGOS, 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 PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) 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 PROFILES 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 PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE PROGRAM. NOTHING IN THIS SECTION 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. THE PROGRAM, THE AMAZON SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE AMAZON SITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, XXXXXX.XXX DOMAIN NAME, XXXXXXX.XXX DOMAIN NAME, XXXXXXXXXXXX.XXX DOMAIN NAME, XXXXXXX.XXX DOMAIN NAME OUR AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING THE AMAZON MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE 'SERVICE OFFERINGS') ARE PROVIDED 'AS IS.' 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. EXCEPT FOR TO THE EXPRESS WARRANTIES SET FORTH HEREINEXTENT PROHIBITED BY APPLICABLE LAW, MENUSIFU WE AND ITS THIRD-PARTY PROVIDERS HEREBY 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 ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENON-INFRINGEMENT, NON- INFRINGEMENT AND QUALITYQUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY 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, OR USE OF THE MENUSIFU SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREEFAILURES; 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 OF PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, THE MENUSIFU SYSTEM AMAZON SITE, OR THE SERVICES XXXXXXXXX-XXXXXXX.XXXXXX.XXX SITE WILL MEET YOUR REQUIREMENTSCREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS OPERATING AGREEMENT. YOU ACKNOWLEDGE THAT FURTHER, NEITHER MENUSIFU WE NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER ANY OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM MAY OUR AFFILIATES OR LICENSORS WILL 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 THAT THERE WILL NOT BE COMMITMENTS BY YOU IN CONNECTION WITH THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, TERMINATION OF THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN 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 PROVIDERSPROGRAM.

Disclaimers. EXCEPT FOR AS OTHERWISE EXPRESSLY WARRANTED IN ANY XXXXX COMPUTING AGREEMENT, THE EXPRESS PRODUCTS, PRODUCT MATERIALS, LICENSED OUTPUT, DOCUMENTATION AND ANY OTHER MATERIALS, SOFTWARE, DATA AND/OR SERVICES PROVIDED BY XXXXX COMPUTING ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND XXXXX COMPUTING EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES SET FORTH HEREINOF ANY KIND OR NATURE, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMOTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES 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 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 XXXXX COMPUTING EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON- INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OR QUALITY OF DATA, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, AND ABSENCE OF ANY DEFECTS. XXXXX COMPUTING DOES NOT WARRANT OR GUARANTEE THAT THE PRODUCTS, PRODUCT MATERIALS, LICENSED OUTPUT, DOCUMENTATION, AND ANY OR ALL SECURITY ATTACKS OTHER MATERIALS, SOFTWARE, DATA AND SERVICES PROVIDED BY XXXXX COMPUTING WILL BE DISCOVERED, REPORTED OR REMEDIEDMEET CUSTOMER’S REQUIREMENTS, OR THAT THERE THE OPERATION THEREOF WILL NOT BE ANY SECURITY BREACHES BY UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. CUSTOMER ACKNOWLEDGES THAT XXXXX COMPUTING’S OBLIGATIONS UNDER THE XXXXX COMPUTING AGREEMENT(S) ARE FOR THE BENEFIT OF CUSTOMER ONLY. WITHOUT LIMITING THE FOREGOING, CUSTOMER FURTHER ACKNOWLEDGES THAT THE PRODUCTS INCORPORATE PROPRIETARY INFORMATION AND TECHNOLOGY OF THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE , AND THAT NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS GIVEN BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT ARE PROVIDED XXXXX COMPUTING WITH RESPECT 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 SUCH THIRD-PARTY HOSTING PROVIDERSPROPRIETARY INFORMATION AND TECHNOLOGY.

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. 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 (A) THE NATURE, INCLUDING BUT NOT LIMITED QUALITY, CHARACTER OR SUFFICIENCY OF FACILITIES AND EQUIPMENT UTILIZED TO SUPPLY THE LESSOR SERVICES TO LESSEE; (B) THE CONDITION OF THE LESSOR SERVICES; (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 TANKS AND THE REFINERY IS INTERRUPTED OR UNAVAILABLE, (D) THE COMPLIANCE OF OR BY THE LESSOR SERVICES WITH ANY APPLICABLE LAWS; (E) 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 (BF) 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. EXCEPT FOR THE EXPRESS MOoD IS PROVIDED "AS IS" AND WITHOUT WARRANTIES SET FORTH HEREINOF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EITHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD IMPLIED. TO THE MENUSIFU SYSTEMFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE MET DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE EXCEPT AS MAY OTHERWISE BE SPECIFICALLY STATED HEREUNDER. THE MET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON MOoD OR IN OR IN RESPECT OF ANY CONTENTS WILL BE UNINTERRUPTED OR ERROR- FREE, TITLETHAT DEFECTS WILL BE CORRECTED, NON- INFRINGEMENT OR THAT THE WEBSITES OR THE SERVER(S) THAT MAKE MOoD AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS. NOR DOES THE MET WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.. LICENSEE EXPRESSLY AGREES THAT THE MET SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE WHATSOEVER, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, ACTUAL, INCIDENTAL, SPECIAL OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, ARISING OUT OF THE USE OF OR INABILITY TO USE MOoD OR THE CONTENT, IN WHOLE OR IN PART. BY USING MOoD AND QUALITYMAKING MOoD AVAILABLE TO AUTHORIZED USERS PURSUANT TO THIS LICENSE, LICENSEE WAIVES ANY CLAIMS LICENSEE MAY HAVE AGAINST THE MET WHICH MAY RESULT FROM USE OR INABILITY TO USE MOoD. IF LICENSEE IS DISSATISFIED WITH MOoD OR ANY CONTENT, LICENSEE'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MOoD OR ACCESSING THE CONTENT. BECAUSE APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE EXCLUSION THEREOF MAY NOT APPLY TO LICENSEE, BUT WILL, IN ANY EVENT, APPLY TO THE MAXIMUM EXTENT PERMISSIBLE, AND IN NO EVENT SHALL THE METROPOLITAN OPERA'S TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY LICENSEE FOR ACCESSING MOoD AND ENABLING AUTHORIZED USERS TO ACCESS MOoD IN RESPECT OF THE TERM . IT SHALL BE A CONDITION OF THE ACCESS GRANTED TO MOoD TO ANY AUTHORIZED USER, THAT THE AUTHORIZED USER ACCEPT THESE MOoD SERVICE TERMS INCLUDING, WITHOUT LIMITATION, THIS LIMITATION OF LIABILITY TO THE 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 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 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. 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. XXXXX 0 XXXXX XX XXXXXXXXXX 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 THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAWS, FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM: (I) RELIANCE ON ANY INFORMATION CONTAINED IN THIS DOCUMENT, (II) ANY ERROR, OMISSION OR INACCURACY IN ANY SUCH INFORMATION, (III) ANY CHANGE IN THE EXCHANGE RATE OF GFCs OR ANY OTHER CRYPTOCURRENCY, (IV) ANY CHANGE IN THE DIFFICULTY OF RUNNING AND/OR HOLDING MASTERNODES, OR (V) ANY ACTION RESULTING THEREFROM. GO-FUND DISCLAIMS ALL IMPLIED WARRANTIES AS TO GFC MASTERNODES. CONSEQUENTLY, GO-FUND DOES NOT WARRANT THAT GFC MASTERNODES ARE CURRENT OR FREE OF ERRORS, NEITHER THAT THE MECHANISMS AND SYSTEMS WHICH ARE NECESSARY FOR THE EXPRESS DELIVERY, USAGE AND DISPOSITION OF GO-FUND MANAGEMENT & FINANCING LTD. | 00 Xxxxxxxxx Xxxxxx, Office 101 | 0000 Xxxxxxx, Xxxxxx| xxx.xx-xxxx-xxx.xxx | xxxxxx@xx-xxxx-xxx.xxx THE MASTERNODES ARE FREE OF VIRUSES. GO-FUND IS NOT LIABLE FOR ANY IMPROPER USE OF LESSEE’S PASSWORD, BALANCES OR ACCOUNT BY THE LATTER OR ANY OTHER PERSON OR ENTITY. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, THE MASTERNODE REWARDS, THE WEBSITE, ALL INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS ASSOCIATED WITH THE FOREGOING, ARE PROVIDED ON A "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES CONDITIONS WITH REGARD TO GFC MASTERNODES AND THE MENUSIFU SYSTEMMASTERNODE REWARDS, THE WEBSITE, ALL INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS, ASSOCIATED WITH THE FOREGOING, INCLUDING BUT NOT LIMITED TO ANY ALL IMPLIED WARRANTIES OR CONDITIONS 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 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 PROVIDERSINFRINGEMENT.

Disclaimers. EXCEPT a. THE PRODUCT IS PROVIDED TO THE LICENSEE ON AN "AS-IS" BASIS. RADIX PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE EXPRESS WARRANTIES SET FORTH HEREINPRODUCT . b. RADIX MAY BE CONTACTED TO DETERMINE THE AVAILABILITY OF MAINTENANCE, MENUSIFU TECHNICAL SUPPORT AND/OR SOFTWARE UPGRADE ALONG WITH APPLICABLE FEES, TERMS AND CONDITIONS. c. RADIX AND ITS THIRD-PARTY PROVIDERS HEREBY SUPPLIERS DISCLAIM ALL EXPRESS WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMOTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED THE WARRANTIES OF YOUR ABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, TITLE, NON- THERE IS NO WARRANTY OF NON-INFRINGEMENT AND QUALITYTITLE OR QUIET ENJOYMENT. RADIX DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS, LIFE-SAVING EQUIPMENTS OR HIGH RISK ACTIVITIES. d. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. e. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICABLE LAW. MENUSIFU AND RADIX, ITS THIRD-PARTY PROVIDERS MAKE DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN . f. RADIX SHALL HAVE NO REPRESENTATIONS RESPONSIBILITY IF THE PRODUCT HAS BEEN ALTERED IN ANY WAY, OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS FOR ANY FAILURE THAT ARISES OUT 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 PRODUCT WITH OTHER THAN A RECOMMENDED HARDWARE AND/OR THE SERVICES WILL BE TIMELYSOFTWARE CONFIGURATION, 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 FACILITIESPLATFORM, 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 OPERATING 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. 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 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 WE ARE NOT LIABLE FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS ANY HARM CAUSED BY OR IMPLIED WARRANTIES WITH REGARD RELATED TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES THEFT OF YOUR ABILITYACCOUNT IDS, FITNESS FOR A PARTICULAR PURPOSEYOUR DISCLOSURE OF YOUR ACCOUNT IDS, TITLE, NON- INFRINGEMENT AND OR YOUR AUTHORIZATION TO ALLOW ANOTHER PERSON TO ACCESS OR USE THE SERVICES USING YOUR ACCOUNT IDS. WE DO NOT HAVE CONTROL OVER THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF ANY PRODUCTS PROVIDED BY BUSINESSES NOR OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINTEGRITY, RESPONSIBILITY OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY BUSINESSES OR THEIR CLIENTS. MENUSIFU AND ITS THIRD-PARTY PROVIDERS WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING WHATSOEVER WITH RESPECT TO PRODUCTS OFFERED OR PROVIDED BY BUSINESSES OR REQUESTED BY THEIR CLIENTS THROUGH USE OF THE RELIABILITYSERVICES, AVAILABILITYWHETHER IN PUBLIC, TIMELINESSPRIVATE, SUITABILITYOR OFFLINE INTERACTIONS, OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSING OF ANY PROFESSIONAL. YOU UNDERSTAND THAT WE DO NOT ROUTINELY SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. DEX MEDIA DOES NOT VERIFY OR CONFIRM THAT ANY USER IS WHO THEY CLAIM TO BE OR IS ACCURATELY REPRESENTING THEMSELVES AND DOES NOT VERIFY OR CONFIRM ANY REPRESENTATIONS WITH RESPECT TO SERVICES ON THE CRM APPLICATION. DEX MEDIA DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS RELIABILITY OF THIS INFORMATION OR ANY INFORMATION PROVIDED THROUGH THE MENUSIFU SYSTEMSERVICES. THE SERVICES MAY CONTAIN LINKS TO THIRD PARTY WEBSITES AND APPLICATIONS THAT ARE NOT OWNED OR CONTROLLED BY US. WE HAVE NO CONTROL OVER, AND ASSUME NO RESPONSIBILITY FOR, THE SERVICES CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD PARTY WEBSITES. IN ADDITION, WE WILL NOT AND CANNOT CENSOR OR EDIT THE RESULTS YOU MAY OBTAIN CONTENT OF ANY THIRD-PARTY SITE. BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY SERVICES, YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF THE FOREGOING, MENUSIFU AND ITS ANY THIRD-PARTY WEBSITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: DEX MEDIA AND/OR ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT EXERCISE NO CONTROL WHATSOEVER OVER ANY CONTENT OR WARRANT USER INFORMATION, INCLUDING THE CONTENT OF MESSAGES, INFORMATION THAT (A) MAY BE TRANSMITTED AND/OR GENERATED USING THE OPERATION SMS SERVICES. DEX MEDIA AND/OR ITS THIRD PARTY SERVICE PROVIDERS’ RESPONSIBILITIES ARE LIMITED TO STORING THE USER INFORMATION AND TRANSMITTING THE USER INFORMATION TO AND FROM THE PARTIES. YOUR 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 IS AT YOUR REQUIREMENTSSOLE RISK. YOU ACKNOWLEDGE ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, INTERACTIONS WITH OTHER BUSINESSES AND OTHER PROBLEMS INHERENT CLIENTS AND IN THE USE PROVISION OR RECEIPT OF SUCH COMMUNICATIONS FACILITIESSERVICES. MENUSIFU DEX MEDIA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY DELAYSUSER OF THE SERVICES. DEX MEDIA IS UNDER NO OBLIGATION TO, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU AND DOES NOT WARRANT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR GUARANTEE ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT ANY YOU POST ON THE SERVICES OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR USERS. YOU UNDERSTAND THAT IN USING THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER DEX MEDIA'S CONTROL (SUCH AS THIRD-PARTY SERVERS). DEX MEDIA MAKES NO WARRANTY WITH RESPECT TO THE SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIESOF SUCH THIRD- PARTY INFRASTRUCTURE. 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. DEX MEDIA AND ITS SUBSIDIARIES, EXCLUSIVE AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DEX MEDIA MAKES NO WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.DEFECTS IN THE SERVICES WILL BE CORRECTED, OR

Disclaimers. EXCEPT a. THE PRODUCT IS PROVIDED TO THE LICENSEE ON AN "AS-IS" BASIS. RADIX PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE EXPRESS WARRANTIES SET FORTH HEREINPRODUCT. b. RADIX MAY BE CONTACTED TO DETERMINE THE AVAILABILITY OF MAINTENANCE, MENUSIFU TECHNICAL SUPPORT AND/OR SOFTWARE UPGRADE ALONG WITH APPLICABLE FEES, TERMS AND CONDITIONS. c. RADIX AND ITS THIRD-PARTY PROVIDERS HEREBY SUPPLIERS DISCLAIM ALL EXPRESS WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMOTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED THE WARRANTIES OF YOUR ABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, TITLE, NON- THERE IS NO WARRANTY OF NON-INFRINGEMENT AND QUALITYTITLE OR QUIET ENJOYMENT. RADIX DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS, LIFE-SAVING EQUIPMENTS OR HIGH RISK ACTIVITIES. d. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. e. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICABLE LAW. MENUSIFU AND RADIX, ITS THIRD-PARTY PROVIDERS MAKE DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. f. RADIX SHALL HAVE NO REPRESENTATIONS RESPONSIBILITY IF THE PRODUCT HAS BEEN ALTERED IN ANY WAY, OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS FOR ANY FAILURE THAT ARISES OUT 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 PRODUCT WITH OTHER THAN A RECOMMENDED HARDWARE AND/OR THE SERVICES WILL BE TIMELYSOFTWARE CONFIGURATION, 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 FACILITIESPLATFORM, 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 OPERATING 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 xxxxxxxxxxxxx.xxx 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. xxxxxxxxxxxxx.xxx CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. xxxxxxxxxxxxx.xxx 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. xxxxxxxxxxxxx.xxx 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 xxxxxxxxxxxxx.xxx SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE MENUSIFU SYSTEM SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST xxxxxxxxxxxxx.xxx 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 THIRDxxxxxxxxxxxxx.xxx 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.

Disclaimers. EXCEPT FOR 00.0. XXX UNDERSTAND AND AGREE THAT YOUR USE OF THE EXPRESS MATERIALS IS AT YOUR OWN RISK AND THAT THE MATERIALS AND SUPPORT SERVICES (IF ANY) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM FORD. 00.0. XXX ACKNOWLEDGE THAT FORD MAY, AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU, MODIFY OR CHANGE SDL, SYNC, APPLINK, OR THE MATERIALS, INCLUDING THE CHANGE OR REMOVAL OF ANY FEATURE OR FUNCTIONALITY. 15.3. YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MATERIALS IS AT YOUR OWN DISCRETION AND RISK. 00.0. XXXX DISCLAIMS ALL WARRANTIES SET FORTH HEREINAND CONDITIONS OF ANY KIND, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO ANY TO, THE IMPLIED WARRANTIES AND CONDITIONS OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO NON-­‐INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES IN THE MAXIMUM EXTENT MATERIALS. 15.5. IF DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT 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 DURATION OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IMPLIED WARRANTY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING LIMITED TO THIRTY (30) DAYS 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 DATE THE MATERIALS WERE OBTAINED 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 PROVIDERSYOU.

Disclaimers. THE SOFTWARE SHALL OPERATE AND FUNCTION IN ALL MATERIAL RESPECTS IN ACCORDANCE WITH THE DOCUMENTATION, WHICH DOCUMENTATION SHALL BE ACCURATE OR COMPLETE IN ALL MATERIAL RESPECTS. LICENSOR DOES NOT WARRANT THAT THE VALIDITY OF ANY OF THE INTELLECTUAL PROPERTY RIGHTS OR THAT PRACTICING THE INVENTIONS CLAIMED UNDER THE INTELLECTUAL PROPERTY RIGHTS WILL BE FREE OF INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 2, LICENSEE ON BEHALF OF ITSELF AND ITS SUB-LICENSEES AGREES THAT THE SOFTWARE AND THE INTELLECTUAL PROPERTY RIGHTS ARE LICENSED "AS IS," AND LICENSOR NEITHER MAKES NOR HAS MADE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE PERFORMANCE OF THE SOFTWARE INCLUDING ITS SAFETY, EFFECTIVENESS OR COMMERCIAL VIABILITY. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREININ THIS SECTION 2, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM LICENSOR DISCLAIMS ALL EXPRESS OR IMPLIED OTHER WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMSOFTWARE, INCLUDING BUT NOT LIMITED ALL WARRANTIES. EXPRESS OR IMPLIED, OF WITH RESPECT 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 FUNCTIONAL CONDITION PERFORMANCE OPERABILITY 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, MERCHANTABILITY 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 FITNESS FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE PARTICULAR PURPOSE. LICENSEE ASSUMES ALL RESPONSIBILITY AND LIABILITY 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 DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSTHE SOFTWARE; USED OR SOLD BY LICENSEE OR ITS SUB­ LICENSEES.

Disclaimers. (a) EXCEPT IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PRACTICE SERVICES OR WEBMD OR THEIR RESPECTIVE 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) 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) NEITHER WEBMD NOR PRACTICE SERVICES MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (A) REGARDING THE USEFULNESS, ACCURACY, COMPLETENESS, FEASIBILITY, RELIABILITY OR EFFECTIVENESS OF ITS RESPECTIVE SERVICES OR PRODUCTS; OR (B) THE AMOUNT OF SALES THAT MAY BE GENERATED FROM THE OTHER’S PRODUCTS OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER PARTY MAKES ANY REPRESENTATIONS THAT THE OTHER’S USE OF ITS PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE EXPRESS WARRANTIES SET FORTH HEREININ THIS SECTION 5(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. 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. 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 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 ▪ 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 ▪ Xxxxx HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU, AND QUALITYYOU ACKNOWLEDGE THAT Xxxxx 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 SYSTEMXxxxx BASED ON SUCH THIRD PARTY INFORMATION, WHICH MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE TO Xxxxx. WITHOUT LIMITING THE GENERALITY ▪ Xxxxx 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. ▪ Xxxxx 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 Xxxxx’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 Xxxxx, 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 Xxxxx 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 Xxxxx 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.

Disclaimers. EXCEPT FOR OTHER THAN AS EXPLICITLY STATED UNDER THIS AGREEMENT TO THE EXPRESS WARRANTIES SET FORTH HEREINEXTENT PERMITTED BY APPLICABLE LAW, MENUSIFU THE SOLUTION, AND ITS THIRDTHE DOCUMENTATION, THE OUTPUT DATA AND ANY OTHER SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY DOES NOT WARRANT THAT THE SOLUTION AND/OR THE DOCUMENTATION AND/OR THE OUTPUT DATA AND/OR ANY OTHER SERVICES PROVIDED HEREUNDER WILL MEET CLIENT’S REQUIREMENTS OR THAT THE SOLUTION'S OPERATION WILL BE SECURE, UNINTERRUPTED, ERROR-PARTY PROVIDERS FREE, FREE OF VIRUSES, BUGS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER SOLUTION LIMITATIONS. THE COMPANY HEREBY DISCLAIM 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 SOLUTION AND/OR GUARANTEE THAT THE DOCUMENTATION AND/OR THE OUTPUT DATA AND/OR ANY OTHER SERVICES PROVIDED HEREUNDER OR ALL SECURITY ATTACKS ANY EQUIPMENT OR SYSTEM SUPPLIED BY THE COMPANY WITH THE SOLUTION (IF ANY), WILL BE DISCOVEREDFREE OF VULNERABILITY TO INTRUSION OR ATTACK. 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, APPLY 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 PROVIDERSCLIENT.

Disclaimers. EXCEPT FOR AS EXPRESSLY PROVIDED TO THE EXPRESS CONTRARY IN A WRITING BY THE WORLD SCHOLARSHIP MINISTRY FOUNDATION, THE SITE CONTENT CONTAINED THEREIN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES SET FORTH HEREINOR CONDITIONS OF ANY Scholarship Coin D, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EITHER EXPRESS OR IMPLIED. THE FOUNDATION DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES WITH REGARD OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE MENUSIFU SYSTEMSITE, CONTENT CONTAINED THEREIN. THE FOUNDATION DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR- FREE. THE FOUNDATION WILL NOT BE LIABLE FOR ANY LOSS OF ANY Scholarship Coin D FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. WHILE THE FOUNDATION ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND CONTENT SAFE, THE FOUNDATION CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. THE FOUNDATION CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. THE FOUNDATION WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS TO APPLICATIONS; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH MAY NOT OTHERWISE BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. The Foundation is not responsible for sustained casualties due to vulnerability or any Scholarship Coin d of failure, abnormal behavior of software (contract). The Foundation is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues. Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means. SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU. THE FOUNDATION MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD-PARTY CONTENT OR THIRD-PARTY SITES AND/OR SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF YOUR ABILITYMERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE FOUNDATION BE LIABLE FOR ANY INCIDENTAL, TITLECONSEQUENTIAL, NON- INFRINGEMENT AND QUALITY, OR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS USE THIRD- PARTY CONTENT OR THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS SITES AND/OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY SERVICES OR COMPLETENESS ANY AMOUNT IN EXCESS OF THE MENUSIFU SYSTEM, AMOUNT PAID BY YOU FOR 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 CONTENT 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 FACILITIESSITES AND/OR SERVICES THAT GIVE RISE TO ANY CLAIM. We reserve the right to change any and all Content and to modify, INCLUDING THE INTERNETsuspend or stop providing access to the Site or Content (or any features or functionality of the Site) at any time without notice and without obligation or liability to you. Reference to any products, AND THAT THE MENUSIFU SYSTEM MAY BE SUBJECT TO LIMITATIONSservices, DELAYSprocesses or other information by trade name, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYStrademark, DELIVERY FAILURESmanufacturer, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGsupplier, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVEREDvendor or otherwise does not constitute or imply endorsement, REPORTED OR REMEDIEDsponsorship or recommendation thereof, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUor any affiliation therewith, 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 PROVIDERSby us.

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, THE API, THE CLOUD CONNECTED SERVICES AND ITS THIRDTHE DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE AND/OR THE API AND/OR THE CLOUD CONNECTED SERVICES AND/OR THE DOCUMENTATION 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 AND/OR GUARANTEE THAT THE API AND/OR THE CLOUD CONNECTED SERVICES AND/OR THE DOCUMENTATION OR ANY EQUIPMENT OR ALL SECURITY ATTACKS SYSTEM SUPPLIED BY THE COMPANY WITH THE SOFTWARE (IF ANY), WILL BE DISCOVEREDFREE OF VULNERABILITY TO INTRUSION OR ATTACK. 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 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, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD NOTWITHSTANDING ANYTHING TO THE MENUSIFU SYSTEMCONTRARY IN THIS AGREEMENT, THE CRYOTRAC SOFTWARE IS LICENSED AND PROVIDED BY SELLER “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY THE IMPLIED WARRANTIES OF YOUR ABILITY, MERCHANTABILITY AND 00000000.00.XXXXXXXX 13. FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT PURPOSE AND QUALITY, ANY WARRANTY OF NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL SELLER OR ANY OF 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 AFFILIATES BE LIABLE FOR (A) ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF SELLER’S USE OR INABILITY TO USE THE OPERATION CRYOTRAC SOFTWARE INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE CRYOTRAC SOFTWARE, EVEN IF SELLER OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE MENUSIFU SYSTEM OR THE SERVICES WILL BE TIMELYPOSSIBILITY OF SUCH DAMAGES, 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 DELAYSCLAIM BY ANY OTHER PARTY. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, DELIVERY FAILURESTHE MAXIMUM AGGREGATE LIABILITY OF SELLER AND ITS AFFILIATES TO BUYER FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS SECTION 2.7, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT, FAILURE OF ESSENTIAL PURPOSE, TRADE USAGE, OR OTHER DAMAGE 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 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 PROVIDERSIN NO CASE EXCEED ONE THOUSAND U.S. DOLLARS ($1,000).

Disclaimers. EXCEPT FOR YOUR USE OF THIS SITE IS AT YOUR RISK. THE EXPRESS WARRANTIES SET FORTH HEREININFORMATION, MENUSIFU MATERIALS AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS SERVICES PROVIDED ON OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY IMPLIED WARRANTIES OF YOUR ABILITYANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY, TO OR NON-­‐INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER REVIVIFYMYLIFE NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS WARRANT 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 SYSTEMINFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER REVIVIFYMYLIFE NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE RESULTS YOU MAY OBTAIN FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY USING LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE MENUSIFU SYSTEMFULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-­‐COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE XXXXXXXX-­‐XXXX WARRANTY-­‐FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT REPRESENT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST REVIVIFYMYLIFE, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR WARRANT THAT (A) ASSIGNS, AND ANY PARTY INVOLVED IN THE OPERATION CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE ARISING OUT OF, OR IN CONJUNCTION WITH YOUR 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 PROVIDERSWEB SITE.

Disclaimers. EXCEPT a. 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 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 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 LAW. MENUSIFU COURSE OF PERFORMANCE AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITYUSAGE OF TRADE, 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 DETECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF THE MENUSIFU SYSTEM VIRUSES 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 FROM DATA THAT RESULTS FOR 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 as for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties. 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.

Disclaimers. EXCEPT a. THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL. b. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE. c. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS. d. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE EXPRESS WARRANTIES SET FORTH HEREINANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / RESTAURANTS SERVICES. e. BLUE EATS DISCLAIMS AND ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY FOOD SAFETY AND STANDARDS ORDINANCES AND ANY APPLICABLE RULES AND REGULATIONS MADE THEREUNDER AND SUCH LIABILITY SHALL BE ATTRIBUTABLE TO THE MENUSIFU SYSTEMRESTAURANT. f. WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYTHE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE U N D E R S TA N D I N G T H AT W E M A K E N O G UA R A N T E E S, 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 WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION. g. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND/OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITYCONTENT, ACCURACY SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE MENUSIFU SYSTEMINFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY. h. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN. i. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/ WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR RESTAURANT ACCESSED THROUGH THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED 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 POSSIBILITY 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 PROVIDERSDAMAGES.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU COMPANY WEBSITES ARE PROVIDED "AS IS" AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM "WITH ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD FAULTS" AND THE ENTIRE RISK AS TO THE MENUSIFU SYSTEMQUALITY AND PERFORMANCE OF THE COMPANY WEBSITES ARE WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, INCLUDING YOU, AND NOT COMPANY, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITES (INCLUDING, BUT NOT LIMITED TO TO, ANY IMPLIED OR STATUTORY WARRANTIES OF YOUR ABILITYMERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND 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 SYSTEMINTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT COMPANY MAKES NO WARRANTY THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS OR WARRANT THAT (A) THE OPERATION WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE S WEBSITES WILL BE CORRECTED. COMPANY MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MENUSIFU SYSTEM WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITES OR FROM COMPANY , ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE SERVICES WILL BE TIMELYRESPECTIVE OFFICERS, UNINTERRUPTED DIRECTORS, EMPLOYEES, OR ERROR-FREE; OR (BAGENTS OF ANY SUCH ENTITIES) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTSSHALL CREATE ANY WARRANTY. VENUS DISCLAIMS ALL EQUITABLE INDEMNITIES. YOU ACKNOWLEDGE UNDERSTAND AND AGREE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, WEBSITES IS DONE ENTIRELY AT YOUR OWN DISCRETION AND THAT THE MENUSIFU SYSTEM MAY RISK AND YOU SHALL BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT SOLELY RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF PROFIT RESULTING DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH PROBLEMSMATERIAL OR DATA. 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 COMPANY SHALL NOT BE LIABLE FOR ANY SECURITY BREACHES BY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR 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 COMPANY SHALL NOT BE LIABLE FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSWEBSITES, PRODUCTS, SERVICES AND OTHER CONTENT. THE ADVERTISEMENTS WHICH MAY BE AVAILABLE ON E-MAILS OR COMPANY WEBSITES WITH RESPECT TO THE THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY. COMPANY SHALL NOT BE LIABLE FOR DELAYS OR INABILITIES IN PERFORMANCE OR NON-PERFORMANCE IN WHOLE OR IN PART OF VENUS’S OBLIGATIONS DUE TO ANY CAUSES THAT ARE NOT DUE TO ITS ACTS OR OMISSIONS AND ARE BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, FIRE, STRIKES, EMBARGO, ACTS OF GOVERNMENT, ACTS OF TERRORISM, CLIMATIC CONDITIONS, LABOUR UNREST, INSOLVENCY, BUSINESS EXIGENCIES, GOVERNMENT DECISIONS, CHANGE OF LAWS, OPERATIONAL AND TECHNICAL ISSUES, ROUTE ISSUES, ACTS OF THIRD PARTIES OR OTHER SIMILAR CAUSES AND PROBLEMS.

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 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 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 XXXXXX SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, XXXXXX 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 XXXXXX 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 XXXXXX SERVICE(S). NOTWITHSTANDING THE FOREGOING, XXXXXX 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 XXXXXX 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 FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINOF SELLER CONTAINED IN SECTION 3.1 ABOVE 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 SELLER EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING, THE LEASES SHALL BE CONVEYED PURSUANT HERETO WITHOUT ANY WARRANTY OR IMPLIED WARRANTIES WITH REGARD REPRESENTATION WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, 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, NON- INFRINGEMENT AND, EXCEPT AS PROVIDED OTHERWISE IN THE FIRST SENTENCE OF THIS PARAGRAPH, WITHOUT ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. BUYER SHALL HAVE INSPECTED, OR WAIVED (AND QUALITYUPON CLOSING SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT, THE LEASES 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 HAZARDOUSE SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (“NORM”). BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE LEASES, AND BUYER SHALL ACCEPT ALL OF THE SAME IN THEIR “AS IS,” “WHERE IS” CONDITION. ALSO WITHOUT LIMITATION OF THE FOREGOING, SELLER MAXES NO 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 INCLUDING, WITHOUT LIMITATION, RELATIVE TO PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE LEASES OR THE ABILITY OR POTENTIAL OF THE LEASES TO PRODUCE HYDROCARBONS OR THE ENVIRONMENTAL CONDITIONS OF THE LEASES OR ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER OR BY SELLER’S AGENTS OR REPRESENTATIVES. ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS (WRITTEN OR ORAL) FURNISHED BY 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 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 ANY USE BY YOU OF THE SOFTWARE IS AT YOR OWN RISK. THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, WITHOUT DELAY, FREE OF VIRUSES, BUGS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS. THE COMPANY IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SERVICE. TO THE EXTENT ALLOWED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES SET FORTH HEREINAND ALL IMPLIED WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMINCLUDING, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYTO, MERCHANTABILITY, 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 AND COMPUTER PROGRAMS, 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 WILL BE FREE OF VULNERABILITY TO INTRUSIONS OR GUARANTEE ATTACKS. 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 WARRANTY PERIOD AND REMEDIES REFERRED TO IN SUBSECTION 4.1 ABOVE. NO COMPANY DEALER, REPORTED OR REMEDIEDDISTRIBUTOR, RESELLER, AGENT OT EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, 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 ADDITIONS 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 PROVIDERSTHIS WARRANTY.

Disclaimers. EXCEPT FOR a) THE EXPRESS LIMITED WARRANTY PROVIDED UNDER THIS SECTION OR ON ANY CUSTOMER ORDER/PRODUCT ADDENDUM OR SCHEDULE ARE THE ONLY WARRANTIES SET FORTH HEREINPROVIDED BY BD AND IS IN LIEU OF ANY OTHER WARRANTIES, 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 ABILITYTITLE, NON-INFRINGEMENT, NON-INTERFERENCE, INTEROPERABILITY, QUALITY OR CONDITION, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEOR THE ABSENCE OF ANY DEFECTS, NON- INFRINGEMENT WHETHER LATENT OR PATENT. b) CUSTOMER IS RESPONSIBLE FOR THE PERFORMANCE OF ITS RESEARCH AND QUALITYTHE CARE OF ITS PATIENTS, TO AND DETERMINING 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 APPROPRIATENESS OF THE MENUSIFU SYSTEM, PRODUCTS FOR ITS USE; CUSTOMER ACKNOWLEDGES THAT BD IS NOT RESPONSIBLE FOR THE DELIVERY OF MEDICAL CARE OR MEDICAL SERVICES TO CUSTOMER’S PATIENTS OR ANY OTHER PERSON. THE RESULTS YOU MAY OBTAIN PRODUCTS ARE TOOLS TO BE USED BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS CUSTOMER BUT DO NOT REPRESENT REPLACE PROFESSIONAL SKILL OR WARRANT THAT (A) JUDGMENT. BY PROVIDING PRODUCTS TO CUSTOMER, NEITHER BD NOR ANY EMPLOYEE OF BD IS ENGAGED IN THE OPERATION PRACTICE OF MEDICINE. CUSTOMER IS RESPONSIBLE FOR VERIFYING THE ACCURACY, COMPLETENESS, AND PERTINENCE OF ANY PHARMACOLOGICAL, MEDICAL, PATIENT, LEGAL OR OTHER RESULTS, DATA OR INFORMATION ENTERED IN, RECEIVED BY, PROCESSED BY, STORED IN, TRANSMITTED BY, PRODUCED BY, DISPLAYED BY, OR USED IN CONNECTION WITH THE PRODUCTS. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES ASSOCIATED WITH THE USE OF SUCH INFORMATION, WHETHER SUCH INFORMATION IS USED ALONE OR IN COMBINATION WITH OTHER INFORMATION. BD IS NOT RESPONSIBLE FOR THE MENUSIFU SYSTEM PERFORMANCE, SUPPORT, OR ANY OTHER ASPECT OF TECHNOLOGY ENVIRONMENT. c) CUSTOMER ACKNOWLEDGES THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. BD DOES NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNINTERRUPTED SECURE, 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, FREE OR THAT THERE WILL NOT BE CONTENT LOSS WON'T OCCUR, NOR DOES BD GUARANTEE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, CONNECTION TO OR TRANSMISSION FROM 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 PROVIDERSCOMPUTER NETWORKS.

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. PURCHASER ACKNOWLEDGES AND AGREES THAT THE PROPERTY HAS BEEN SOLD AND CONVEYED TO PURCHASER AND PURCHASER HAS BHDOCS 089930.000022 603549929.9 Purchase and Sale Agreement - Beacon/Energy (Xxxxxxx) ACCEPTED THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS.” EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREININ SECTION 5.1 OF THE PURCHASE AGREEMENT AND THE LIMITED WARRANTY OF TITLE EXPRESSLY SET FORTH IN THE DEED FROM SELLER TO PURCHASER, MENUSIFU SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED WARRANTIES IMPLIED, WITH REGARD RESPECT 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 SYSTEMPROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGPRECEDING SENTENCE OR ANY OTHER DISCLAIMER SET FORTH HEREIN, MENUSIFU SELLER AND ITS THIRD-PARTY PROVIDERS DO PURCHASER HEREBY AGREE THAT SELLER HAS NOT REPRESENT MADE AND IS NOT MAKING ANY REPRESENTATIONS OR WARRANT THAT WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, AS TO (A) THE NATURE OR CONDITION, PHYSICAL OR OTHERWISE, OF THE PROPERTY OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, (B) THE NATURE OR QUALITY OF CONSTRUCTION, STRUCTURAL DESIGN OR ENGINEERING OF THE IMPROVEMENTS OR THE STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE IMPROVEMENTS, (C) THE QUALITY OF THE LABOR OR MATERIALS INCLUDED IN THE IMPROVEMENTS, (D) THE SOIL CONDITIONS, DRAINAGE CONDITIONS, TOPOGRAPHICAL FEATURES, ACCESS TO PUBLIC RIGHTS-OF-WAY, AVAILABILITY OF UTILITIES OR OTHER CONDITIONS OR CIRCUMSTANCES WHICH AFFECT OR MAY AFFECT THE PROPERTY OR ANY USE TO WHICH PURCHASER MAY PUT THE PROPERTY, (E) ANY CONDITIONS AT OR WHICH AFFECT OR MAY AFFECT THE PROPERTY WITH RESPECT TO ANY PARTICULAR PURPOSE, USE, DEVELOPMENT POTENTIAL OR OTHERWISE, (F) THE AREA, SIZE, SHAPE, CONFIGURATION, LOCATION, CAPACITY, QUANTITY, QUALITY, CASH FLOW, EXPENSES, VALUE, MAKE, MODEL, COMPOSITION, AUTHENTICITY OR AMOUNT OF THE PROPERTY OR ANY PART THEREOF, (G) EXCEPT FOR THE LIMITED WARRANTY OF TITLE EXPRESSLY SET FORTH IN THE DEED, THE NATURE OR EXTENT OF TITLE TO THE PROPERTY, OR ANY EASEMENT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCE, LICENSE, RESERVATION, CONTRACT, CONDITION OR OTHERWISE THAT MAY AFFECT TITLE TO THE PROPERTY, (H) ANY ENVIRONMENTAL, GEOLOGICAL, METEOROLOGICAL, STRUCTURAL, OR OTHER CONDITION OR HAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW OR HEREAFTER AFFECTING IN ANY MANNER THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCE ON, IN, UNDER OR ADJACENT TO THE PROPERTY, (I) THE COMPLIANCE OF THE PROPERTY OR THE OPERATION OR USE OF THE MENUSIFU SYSTEM PROPERTY WITH ANY APPLICABLE RESTRICTIVE COVENANTS, OR WITH ANY LAWS, ORDINANCES OR REGULATIONS OF ANY GOVERNMENTAL BODY (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, ANY ZONING LAWS OR REGULATIONS, ANY BUILDING CODES, ANY ENVIRONMENTAL LAWS, AND THE SERVICES WILL BE TIMELYAMERICANS WITH DISABILITIES ACT OF 1990, UNINTERRUPTED OR ERROR-FREE; OR (B) 42 U.S.C. 12101 ET SEQ. UPON CLOSING, PURCHASER SHALL ASSUME THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE RISK THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESADVERSE MATTERS, INCLUDING THE INTERNETBUT NOT LIMITED TO, VIOLATIONS OF ANY APPLICABLE LAWS, CONSTRUCTION DEFECTS, AND THAT THE MENUSIFU SYSTEM ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY BE SUBJECT TO LIMITATIONS, DELAYSNOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER AT ANY TIME BY REASON OF OR ARISING OUT OF ANY VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING ANY ENVIRONMENTAL LAWS), CONSTRUCTION DEFECTS, PHYSICAL CONDITIONS, AND ANY AND ALL OTHER PROBLEMS INHERENT ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. PURCHASER AGREES THAT SHOULD ANY WORK BHDOCS 089930.000022 603549929.9 Purchase and Sale Agreement - Beacon/Energy (Xxxxxxx) BE REQUIRED TO PUT THE PROPERTY IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR COMPLIANCE WITH ANY DELAYS, DELIVERY FAILURESAPPLICABLE LAWS, OR SHOULD ANY CLEANUP, REMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCES OR OTHER DAMAGE ENVIRONMENTAL CONDITIONS ON THE PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, SUCH WORK, CLEAN-UP, REMOVAL OR LOSS REMEDIATION SHALL BE THE RESPONSIBILITY OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING AND SHALL BE PERFORMED AT 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 SOLE COST AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, EXCLUSIVE EXPENSE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSPURCHASER.

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. (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 XXXXXXXXX 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. KiezelPay CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. XXXXXXXXX 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. XXXXXXXXX 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 KIEZELPAY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE MENUSIFU SYSTEM SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST KIEZEL 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 THIRDKiezelPay 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.

Disclaimers. THE PARTIES AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE OPERATIVE, THE DISCLAIMERS OF WARRANTIES CONTAINED IN THIS SECTION 9.16 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 SPECIAL WARRANTY OF TITLE IN THE ASSIGNMENT, XXXX OF SALE AND CONVEYANCE TO BE DELIVERED AT CLOSING, (COLLECTIVELY “SELLERS WARRANTIES”) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. EXCEPT FOR SELLERS WARRANTIES, SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE EXPRESS WARRANTIES SET FORTH HEREINFOREGOING AND EXCEPT FOR SELLER’S WARRANTIES, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS THE ASSETS SHALL BE CONVEYED PURSUANT HERETO WITHOUT (A) ANY WARRANTY OR IMPLIED WARRANTIES WITH REGARD REPRESENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO (I) TITLE TO THE MENUSIFU SYSTEMASSETS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYTHE CONDITION, QUANTITY, 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 (II) THE ACCURACY, NON- INFRINGEMENT AND COMPLETENESS, OR MATERIALITY OF ANY DATA, INFORMATION, OR RECORDS FURNISHED TO BUYER IN CONNECTION WITH THE ASSETS OR OTHERWISE CONSTITUTING A PORTION OF THE ASSETS; (III) THE PRESENCE, QUALITY, AND QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ASSETS; (IV) THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS ABILITY OF THE MENUSIFU SYSTEMASSETS TO PRODUCE HYDROCARBONS, INCLUDING WITHOUT LIMITATION PRODUCTION RATES, DECLINE RATES, AND RECOMPLETION OPPORTUNITIES; (V) IMBALANCE OR PAYOUT ACCOUNT INFORMATION, ALLOWABLES, OR OTHER REGULATORY MATTERS; (v) THE SERVICES PRESENT OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEM. WITHOUT LIMITING THE GENERALITY FUTURE VALUE OF THE FOREGOINGANTICIPATED INCOME, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT COSTS, OR WARRANT THAT PROFITS, IF ANY, TO BE DERIVED FROM THE ASSETS, (AVI) THE OPERATION ENVIRONMENTAL CONDITION OF THE ASSETS; (VII) ANY PROJECTIONS AS TO EVENTS THAT COULD OR COULD NOT OCCUR; AND (VIII) ANY OTHER MATTERS CONTAINED IN OR OMITTED FROM ANY INFORMATION OR MATERIAL FURNISHED TO BUYER BY SELLER OR OTHERWISE CONSTITUTING A PORTION OF THE ASSETS. EXCEPT FOR SELLERS WARRANTIES, ANY DATA, INFORMATION, OR OTHER RECORDS FURNISHED BY SELLER ARE PROVIDED TO BUYER AS A CONVENIENCE TO BUYER, AND BUYER’S RELIANCE ON OR USE OF THE MENUSIFU SYSTEM SAME IS AT BUYER’S SOLE RISK. BUYER SHALL HAVE INSPECTED, OR WAIVED (AND UPON CLOSING SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT THE SERVICES WILL BE TIMELYASSETS FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, UNINTERRUPTED BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR ERROR-FREE; DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR (B) NORM. OTHER THAN AS SPECIFICALLY SET OUT IN THIS AGREEMENT OR SELLERS WARRANTIES, BUYER IS RELYING SOLELY UPON THE QUALITY 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 INTERNETASSETS, AND THAT BUYER 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 ▪ DISCLAIMER OF IMPLIED WARRANTIES ▪ THE Uniapply 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 ▪ Uniapply HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU, AND QUALITYYOU ACKNOWLEDGE THAT Uniapply 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 SYSTEMUniapply SOLUTION, INCLUDING HOW YOU OR ANY OTHER USER MAY INTERPRET OR USE CONTENT ACCESSED OR DEVELOPED THROUGH THE SERVICES Uniapply SOLUTION, OR THE RESULTS WHAT ACTIONS YOU MAY OBTAIN TAKE AS A RESULT OF HAVING BEEN EXPOSED TO CONTENT OBTAINED THROUGH THE Uniapply SOLUTION. ▪ THE CONTENT ON THE Uniapply SOLUTION INCLUDES REFERENCES TO THIRD PARTIES, INCLUDING THE Uniapply PARTNERS, LINKS TO THIRD PARTY WEBSITES OR DOCUMENTS, AND INCORPORATES INFORMATION OBTAINED FROM THIRD PARTIES, INCLUDING Uniapply PARTNERS. CONTENT MAY ALSO BE CREATED BY USING THE MENUSIFU SYSTEMUniapply BASED ON SUCH THIRD PARTY INFORMATION, WHICH MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE TO Uniapply. WITHOUT LIMITING THE GENERALITY ▪ Uniapply 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 Uniapply SOLUTION. ▪ UNDER NO CIRCUMSTANCES WILL Uniapply 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 Uniapply 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 Uniapply SOLUTION IS SOLELY AT YOUR OWN RISK. ▪ Uniapply 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 Uniapply SOLUTION, WHETHER RELATED TO PRIVACY OR OTHERWISE, IN RELATION TO Uniapply’S USE OF YOUR DATA TO PROVIDE THE Uniapply SOLUTION. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYS▪ Control of Third Parties ▪ Uniapply has no control over Uniapply 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 Uniapply, and therefore release Uniapply from all liability in relation to your Application. WITHOUT LIMITING THE FOREGOING▪ Rejection of Applications ▪ Uniapply 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 Uniapply Partner(s). ▪ Issues with Uniapply Partners ▪ All issues respecting Applications, Programs, and your failure to comply with Uniapply Partner policies, are solely as between you and the applicable Uniapply Partner, and Uniapply 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 Uniapply has made reasonable efforts to verify that its agreements with its service providers are reasonably protective of Your Data, you acknowledge that Uniapply 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 Uniapply 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 ▪ Uniapply is not responsible or liable in any way for any use of the Uniapply Solution (authorized or unauthorized) by any third party accessing the Uniapply Solution using your Access Information, and you accept all responsibility for such use of the Uniapply Solution and any consequences resulting from such use of the Uniapply Solution. ▪ Use for Time Sensitive Applications ▪ You agree that Uniapply will not be liable for any claims or damages arising from such use if you use the Uniapply Solution for a time sensitive use. ▪ Availability of the Uniapply Solution ▪ Uniapply 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 Uniapply 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. Uniapply cannot and does not guarantee or warrant that the Uniapply Solution or the Content are compatible with your computer system or that the Uniapply Solution, or any links from the Uniapply 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 Uniapply Solution. ▪ Communications Not Confidential or Secure ▪ Uniapply does not guarantee the confidentiality of any communications made by your through the Uniapply Solution, over the internet or over the telephone. Although Uniapply generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Uniapply Solution, you understand, agree and acknowledge that Uniapply cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Uniapply Solution.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY SET FORTH HEREIN, MENUSIFU IN THIS AGREEMENT AND EACH PARTY ON BEHALF OF ITSELF AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM AFFILIATES AND SUBSIDIARIES EXPRESSLY DISCLAIMS ALL EXPRESS REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS, STATUTORY, IMPLIED OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMOTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLEARISING FROM ANY COURSE OF DEALING, NON- INFRINGEMENT AND QUALITYUSAGE, OR TRADE PRACTICE, WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS SCOPE, VALIDITY OR WARRANTIES ENFORCEABILITY OF THE LICENSED TECHNOLOGY; THAT ANY PATENT SHALL ISSUE BASED UPON ANY OF THE PENDING LICENSED PATENTS; REGARDING THE RELIABILITYTECHNICAL INFORMATION, AVAILABILITYINCLUDING THE EXCLUSIVE TECHNICAL INFORMATION; OR THAT THE MANUFACTURE, TIMELINESSUSE, SUITABILITYSALE, ACCURACY OFFER FOR SALE OR COMPLETENESS IMPORTATION OF LICENSED PRODUCTS SHALL NOT INFRINGE INTELLECTUAL PROPERTY RIGHTS. THE MENUSIFU SYSTEMENTIRE RISK AS TO PERFORMANCE OF LICENSED PRODUCTS IS ASSUMED BY LICENSEE. LICENSEE AGREES THAT IN NO EVENT SHALL THE Research Institute, THE SERVICES ITS AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DOCPROPERTY DOCXDOCID DMS=InterwovenIManage Format=<<NUM>>_<<VER>> PRESERVELOCATION \* MERGEFORMAT 137212319_3 REPRESENTATIVES, STUDENTS, INDEPENDENT CONTRACTORS OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMAGENTS, BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, WHETHER GROUNDED IN TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), STRICT LIABILITY, CONTRACT OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF NOTWITHSTANDING THE FOREGOING, MENUSIFU NOTHING SHALL LIMIT Research Institute REMEDIES OR ABILITY TO RECOVER DAMAGES, INCLUDING INCREASED DAMAGES, FOR WILLFUL INFRINGEMENT OR MISAPPROPRIATION IN THE EVENT Research Institute ASSERTS ITS INTELLECTUAL PROPERTY RIGHTS. Research Institute AGREES THAT IN NO EVENT OTHER THAN PURSUANT TO SECTION 8.1 SHALL LICENSEE, ITS AFFILIATES, SUBSIDIARIES AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, STUDENTS, INDEPENDENT CONTRACTORS OR WARRANT THAT (A) AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE OPERATION OR USE ABOVE LIMITATIONS ON LIABILITY APPLY EVEN IF ADVISED 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 POSSIBILITY 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 PROVIDERSDAMAGE.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES 5.1 UNLESS EXPRESSLY SET FORTH HEREININ THIS LIMITED WARRANTY, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL XXX MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS FURNISHED HEREUNDER. AOI EXPRESSLY DISCLAIMS, WHERE LEGALLY PERMITTED TO MAKE SUCH DISCLAIMER, ANY WARRANTIES IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMBY LAW, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF YOUR ABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON THE EXISTENCE OF IMPLIED WARRANTIES, TITLEOR HOW LONG AN IMPLIED WARRANTY LASTS, NON- INFRINGEMENT SO THE ABOVE LIMITATION MAY NOT APPLY TO ALL CUSTOMERS. 5.2 AOI PRODUCTS FUNDAMENTALLY USE FILAMENT OR OTHER MATERIALS (“MATERIALS”) TO CREATE A USER’S DESIRED END CREATION OR ITEM (“ITEM”). THESE MATERIALS VARY WIDELY IN SUITABILITY AND QUALITYFITNESS FOR PARTICULAR PURPOSES OR OTHER APPLICATIONS. AOI DOES NOT MANUFACTURE, ENDORSE, CERTIFY, OR CLAIM ANY SPECIFIC SUITABILITY OR FITNESS FOR SUCH MATERIALS, OR ANY ITEM CREATED USING SUCH MATERIALS. USERS MUST INDEPENDENTLY VERIFY A MATERIAL OR ITEM’S SUITABILITY AND FITNESS FOR THE INTENDED PURPOSE OR USE. IT IS THE USER’S SOLE RESPONSIBILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS UTILIZE THEIR OWN RESOURCES (LEGAL, ENGINEERING, SCIENTIFIC, OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OTHERWISE) TO ENSURE THEIR APPLICATION OF THE MENUSIFU SYSTEMPRODUCTS, MATERIALS AND ITEMS COMPLY WITH ALL THE SERVICES LAWS, RULES AND REGULATIONS RELEVANT TO THEIR INTENDED PURPOSE OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMUSE. WITHOUT LIMITING THE GENERALITY AOI SPECIFICALLY DISCLAIMS ANY LIABILITY, LOSS OR RISK, PERSONAL OR OTHERWISE, WHICH IS INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM PRODUCTS, MATERIALS, OR ITEMS. TO THE SERVICES WILL BE TIMELYFULLEST EXTENT LEGALLY PERMITTED, UNINTERRUPTED AOI EXPRESSLY DISCLAIMS ANY IMPLIED OR ERROR-FREE; OR (B) THE QUALITY EXPLICIT WARRANTY 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 FITNESS FOR THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU IS NOT RESPONSIBLE FOR ANY DELAYSA PARTICULAR PRODUCT, DELIVERY FAILURESMATERIAL, OR OTHER DAMAGE OR LOSS ITEM, THE PRECISE NATURE AND CIRCUMSTANCES OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOINGSAID PRODUCT, MENUSIFU DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIEDMATERIAL, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, THE MENUSIFU SYSTEM, SERVICES ITEM OR USE BEING UNFORESEEN AND CONTENT ARE PROVIDED UNFORESEEABLE 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 PROVIDERSAOI.

Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS USEZPAY HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMEQUIPMENT, 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 USEZPAY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MENUSIFU SYSTEM, THE SERVICES EQUIPMENT OR THE RESULTS YOU MAY OBTAIN BY USING THE MENUSIFU SYSTEMEQUIPMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MENUSIFU AND ITS THIRD-PARTY PROVIDERS USEZPAY DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES EQUIPMENT WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE MENUSIFU SYSTEM OR THE SERVICES EQUIPMENT WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS USEZPAY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MENUSIFU SYSTEM EQUIPMENT MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MENUSIFU USEZPAY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU USEZPAY 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 MENUSIFUUSEZPAYU, THE MENUSIFU SYSTEM, SERVICES AND CONTENT EQUIPMENT 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 EXPRESSLY SET FORTH IN THIS SECTION 11, THE EXPRESS SOFTWARE, HOSTED SERVICES, THIRD PARTY APPLIANCE, MAINTENANCE, UPDATES AND ENHANCEMENTS, PROFESSIONAL SERVICES, OR OTHER DELIVERABLES PROVIDED AS A RESULT OF THE PERFORMANCE OF MAINTENANCE, PROFESSIONAL SERVICES, AND ANY DELIVERABLE PROVIDED TO USER AS A RESULT OF THE PROFESSIONAL SERVICES (COLLECTIVELY, THE “WARRANTY SUBJECT MATTER”) ARE PROVIDED “AS IS” AND AIRWATCH AND ITS LICENSORS, DEVELOPERS, AND OTHER SUPPLIERS (THE “AIRWATCH PARTIES”) FURTHER DISCLAIM THAT THE FUNCTIONS CONTAINED IN THE WARRANTY SUBJECT MATTER WILL MEET THE REQUIREMENTS OF USER OR THAT THE OPERATION OF THE WARRANTY SUBJECT MATTER WILL BE ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIMITED WARRANTIES SET FORTH HEREININ THIS SECTION 11 ARE THE ONLY WARRANTIES PROVIDED FOR THE WARRANTY SUBJECT MATTER, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL THE REMEDIES FOR BREACHES OF SUCH LIMITED WARRANTIES ARE EXCLUSIVE. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 11, THERE ARE NO OTHER WARRANTIES, CONDITIONS, OR TERMS, WHETHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO BY STATUTE, OPERATION OF LAW, TRADE USAGE, COURSE OF PERFORMANCE OR DEALING OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE MENUSIFU SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, TITLE, NON- INFRINGEMENT ACCURACY, OR COMPLETENESS; ALL SUCH WARRANTIES BEING SPECIFICALLY AND QUALITY, TO FULLY DISCLAIMED BY THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAIRWATCH PARTIES. MENUSIFU AND ITS THIRD-PARTY PROVIDERS MAKE NO OTHER WRITTEN OR ORAL REPRESENTATIONS OR WARRANTIES AFFIRMATIONS OF FACT, INCLUDING BUT NOT LIMITED TO, STATEMENTS FROM AIRWATCH OR ANY OTHER SOURCE REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS PERFORMANCE OF THE MENUSIFU SYSTEMWARRANTY SUBJECT MATTER THAT ARE NOT CONTAINED IN THIS XXXX, 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 SHALL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE BINDING ON THE AIRWATCH PARTIES AND ARE HEREBY 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 AS EXPRESSLY PROVIDED FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MENUSIFU PATRIOT MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SOFTWARE OR SERVICES, AND ITS THIRD-PARTY PROVIDERS HEREBY WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MENUSIFU SYSTEMINCLUDING WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF YOUR ABILITY, MERCHANTABILITY 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 PATRIOT DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE MENUSIFU SYSTEM OR THE SERVICES SOFTWARE AND SERVICES, INCLUDING UPDATES, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, UNINTERRUPTED SECURE, COMPLETE OR ERROR-FREE; . WE ARE NOT RESPONSIBLE FOR THE RESULTS OF SOFTWARE USE OR (B) THE QUALITY ISSUES WITH OUR SOFTWARE OR SERVICES ARISING OUT OF THE MENUSIFU SYSTEM THEIR USE ON OR THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-IN CONJUNCTION WITH THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIESHARDWARE, SOFTWARE OR SYSTEMS NOT PROVIDED BY US, INCLUDING FEDERAL, STATE OR LOCAL GOVERNMENT, BANKING, AND FINANCIAL INSTITUTIONS. YOUR USE OF CERTAIN LICENSED FUNCTIONS IN THE SOFTWARE IS DEPENDENT ON THE AVAILABILITY AND COVERAGE OF FINANCIAL NETWORKS AND TECHNOLOGIES, AND THE INTERNET, WHICH INVOLVE FACILITIES OWNED 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 OPERATED BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFUWE ARE NOT RESPONSIBLE FOR THE OPERATION, AVAILABILITY OR FAILURE OF SUCH SYSTEMS OR FACILITIES. WE DO NOT GIVE ANY PROFESSIONAL TAX OR ACCOUNTING ADVICE TO INCLUDE, BUT NOT BE LIMITED TO, THE MENUSIFU SYSTEMLICENSING AND USE OF OUR SOFTWARE AND SERVICES; YOU SHOULD CONSULT WITH YOUR ACCOUNTING AND TAX PROFESSIONAL IN THIS REGARD. ACH SERVICES OFFERED IN RELATION TO CUSTOMER ORIGINATION OF CREDITS AND/OR DEBITS, SERVICES SENT BY PATRIOT, ARE WARRANTIED BY PATRIOT AND CONTENT ARE PROVIDED PATRIOT ACCEPTS LIABILITY FOR THE AMOUNT OF FUNDS ONLY TO YOU ON AN "AS IS" BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY THE EXTENT CUSTOMER HAS FUNDED SUCH CREDITS AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSDEBITS AND IN ACCORDANCE WITH CUSTOMER ORIGINATION INSTRUCTION.

Disclaimers. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINOF EACH SELLER CONTAINED IN SECTION 3.01 ABOVE (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 IMPLIED WARRANTY OR IMPLIED WARRANTIES WITH REGARD 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. BUYER AGREES TO ACCEPT THE PROPERTY AND ACKNOWLEDGES THAT THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE BY SELLER, NON- INFRINGEMENT ON AN "AS IS, WHEREAS, AND QUALITYWITH ALL FAULTS" BASIS. BUYER EXPRESSLY ACKNOWLEDGES THAT EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN SECTION 3.01, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, WITH RESPECT TO THE PROPERTY, OR THE CONDITION OF THE PROPERTY. UPON CLOSING, BUYER SHALL BE DEEMED TO HAVE SATISFIED 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”). 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. 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. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH HEREIN, MENUSIFU HEREIN 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 NON-INFRINGEMENT 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 THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY PROVIDERS CONTROL SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THE TRANSFER SOFTWARE MAY AFFECT THE USABILITY OF DATA OVER COMMUNICATIONS FACILITIESTHIRD-PARTY SOFTWARE, INCLUDING APPLICATIONS OR THIRD-PARTY SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REBELLION OR A REBELLION AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE INTERNETSERVICES AND THEIR FUNCTIONALITY IN 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 THAT THE MENUSIFU SYSTEM LIMITATIONS MAY BE SUBJECT NOT APPLY TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIESYOU. MENUSIFU REBELLION 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 PROVIDERSCONTENT YOU ACCESS WITH THE SERVICES, OR THIRD-PARTY REPRESENTATIONS, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH THIRD-PARTY SITES, CONTENT, AND REPRESENTATIONS. REBELLION SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR ANY SUCH CORRESPONDENCE, PURCHASE, OR PROMOTION BETWEEN YOU AND ANY SUCH THIRD-PARTY.

Disclaimers. a. EXCEPT FOR AS EXPRESSLY PROVIDED HEREIN: (I) THE EXPRESS SERVICES, INCLUDING WITHOUT LIMITATION ANY AND ALL JUNIP DATA AND JUNIP MATERIALS, THE SERVICES (INCLUDING WITHOUT LIMITATION INSTALLATION, INTEGRATION AND IMPLEMENTATION SERVICES), AND THE PRODUCTS ARE PROVIDED BY JUNIP “AS IS” AND WITHOUT WARRANTIES SET FORTH HEREIN, MENUSIFU AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OF ANY KIND EITHER EXPRESSED OR IMPLIED WARRANTIES WITH REGARD IMPLIED; (II) TO THE MENUSIFU SYSTEMFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING JUNIP DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY TO, IMPLIED WARRANTIES OF YOUR ABILITYMERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT ; (III) JUNIP DOES NOT WARRANT THAT THE JUNIP DATA 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 SYSTEMJUNIP MATERIALS, 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 CONTENT AVAILABLE THROUGH THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; , OR (B) THAT THE QUALITY OF THE MENUSIFU SYSTEM SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MENUSIFU NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER AVAILABLE ARE FREE 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, VIRUSES OR OTHER DAMAGE OR LOSS OF PROFIT RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, MENUSIFU HARMFUL COMPONENTS; AND (IV) JUNIP DOES NOT WARRANT OR GUARANTEE MAKE ANY REPRESENTATIONS THAT ANY MERCHANT’S USE OF THE SERVICES WILL COMPLY WITH LAWS OR ALL SECURITY ATTACKS WILL BE DISCOVEREDOTHERWISE RELATING TO THE USE OR THE RESULTS OF THE USE OF THE SERVICES, REPORTED THE JUNIP DATA AND JUNIP MATERIALS OR REMEDIEDOTHER CONTENT MADE AVAILABLE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIESOTHERWISE. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MENUSIFU, XXXXXXXX IS RESPONSIBLE FOR EVALUATING THE MENUSIFU SYSTEM, CAPABILITIES AND FEATURES OF THE SERVICES AND CONTENT ARE PROVIDED MAKING ITS OWN DETERMINATION ABOUT WHETHER MERCHANT IS ABLE TO YOU ON AN "AS IS" BASISUSE THE SERVICES IN COMPLIANCE WITH LAWS. XXXXXXXX IS RESPONSIBLE FOR TAKING ALL PRECAUTIONS IT BELIEVES NECESSARY OR ADVISABLE TO PROTECT IT AGAINST ANY CLAIM, EXCLUSIVE DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF ANY WARRANTY WHATSOEVERITS USE OF OR RELIANCE UPON THE SERVICES, JUNIP’S WEBSITE, OR THE SERVICES. EACH PARTY JUNIP ADDITIONALLY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY WARRANTIES RELATED TO THIRD-PARTY HOSTING TELECOMMUNICATIONS PROVIDERS. b. Free Trial Services. We will make Services to which you have subscribed on a free trial basis (a “Trial”) available to you until the earlier of: (a) the end of the then-current Trial period offered by us, (b) the start date of any paid Services you order, or (c) the date on which we elect in our sole discretion to terminate your access to the Trial (the “Trial Term”). Your use of the Services during any Trial Term will be subject to the applicable terms of this Agreement and this Section. You acknowledge and agree that the features and functionality of the Services may be limited during the Trial Term and are provided by Junip on an as-is and as-available basis. We reserve the right to delete Client Data following the Trial Term to the extent you do not purchase a paid subscription within seven (7) days following the end of the Trial Term. NOTWITHSTANDING ANYTHING TO THE CONTRARY THIS AGREEMENT. WE DO NOT PROVIDE ANY WARRANTY, SUPPORT OR INDEMNIFICATION OF ANY KIND WITH RESPECT TO THE SERVICES DURING THE TRIAL TERM, AND WE DISCLAIM ALL OBLIGATION OR LIABILITIES RELATED TO TRIAL SERVICES.