Common use of Disclaimers Clause in Contracts

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONS.

Disclaimers. (A) EXCEPT FOR LESSOR HAS COMMITTED TO LESSEE THAT ON THE EXPRESS LIMITED WARRANTY DELIVERY DATE THE AIRCRAFT WILL BE IN THE CONDITION REQUIRED BY ARTICLE 6. SUCH COMMITMENT OR COVENANT ON THE PART OF LESSOR EXPIRES AND THE DISCLAIMERS SET FORTH IN SECTION 9 ABOVETHIS ARTICLE 8 APPLY UPON LESSEE'S ACCEPTANCE OF THE AIRCRAFT AND EXECUTION OF THE ESTOPPEL AND ACCEPTANCE CERTIFICATE. AFTER SUCH TIME, THEN AS BETWEEN LESSOR AND LESSEE: 8.1 AS IS, WHERE IS". LESSEE AGREES THAT IT IS LEASING THE SOFTWARE AIRCRAFT "AS IS, WHERE IS". LESSEE UNCONDITIONALLY ACKNOWLEDGES AND AGREES THAT NEITHER LESSOR NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES HAVE MADE OR WILL BE DEEMED TO HAVE MADE ANY TERM, CONDITION, REPRESENTATION, WARRANTY OR COVENANT EXPRESS OR IMPLIED (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, WHETHER STATUTORY OR OTHERWISE) AS TO (a) THE CAPACITY, INCLUDING WITHOUT LIMITATIONAGE, AIRWORTHINESS, VALUE, QUALITY, DURABILITY, CONFORMITY TO THE PROVISIONS OF THIS LEASE, DESCRIPTION, CONDITION (WHETHER OF THE AIRCRAFT, ANY IMPLIED WARRANTIES OF ENGINE, ANY PART THEREOF OR THE AIRCRAFT DOCUMENTATION), DESIGN, WORKMANSHIP, MATERIALS, MANUFACTURE, CONSTRUCTION, OPERATION, DESCRIPTION, STATE, MERCHANTABILITY, NON-PERFORMANCE, FITNESS FOR ANY PARTICULAR USE OR PURPOSE (INCLUDING THE ABILITY TO OPERATE OR REGISTER THE AIRCRAFT OR USE THE AIRCRAFT DOCUMENTATION IN ANY OR ALL JURISDICTIONS) OR SUITABILITY OF THE AIRCRAFT OR ANY PART THEREOF, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, KNOWN OR UNKNOWN, APPARENT OR CONCEALED, EXTERIOR OR INTERIOR, (b) THE ABSENCE OF ANY INFRINGEMENT OF THIRD PARTY ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION (c) ANY IMPLIED WARRANTY ARISING FROM COURSE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH COURSE OF DEALING OR USAGE OF TRADE OR (d) EXCEPT AS SET FORTH IN LIFE- SUPPORT ARTICLE 21.1, ANY OTHER REPRESENTATION OR SAFETY DEVICES WARRANTY, EXPRESS OR SYSTEMSIMPLIED, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED WITH RESPECT TO THE DEPLOYMENT OF AIRBAGS, AIRCRAFT OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATHPART THEREOF, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSEXTINGUISHED.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- LIFE-SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONS.

Disclaimers. (A) 7.5.1 EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 9 ABOVESECTIONS 7.1 THROUGH 7.4, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY GLOBEIMMUNE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE GLOBEIMMUNE LICENSED PATENTS OR GLOBEIMMUNE LICENSED KNOW-HOW OR ANY LICENSE GRANTED BY GLOBEIMMUNE HEREUNDER, OR WITH RESPECT TO ANY COLLABORATION COMPOUNDS OR LICENSED PRODUCTS. XILINX DOES NOT WARRANT EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 7.1 THROUGH 7.4, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION OR WARRANTY THAT THE FUNCTIONS CONTAINED ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, GLOBEIMMUNE LICENSED PATENTS ARE VALID OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED ENFORCEABLE OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH GLOBEIMMUNE LICENSED PATENTS AND GLOBEIMMUNE LICENSED KNOW-HOW CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSESPARTY. (C) THE SOFTWARE IS NOT DESIGNED 7.5.2 EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 7.1 THROUGH 7.4, CELGENE MAKES NO REPRESENTATIONS OR INTENDED WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO BE FAIL-SAFEANY CELGENE CONFIDENTIAL INFORMATION OR ANY LICENSE GRANTED BY CELGENE HEREUNDER, OR FOR WITH RESPECT TO ANY CELGENE DEVELOPMENT COMPOUNDS OR LICENSED PRODUCTS. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION OR WARRANTY THAT ANY PATENT OR OTHER PROPRIETARY RIGHTS OF CELGENE ARE VALID OR ENFORCEABLE OR THAT THE USE IN CONNECTION WITH OF ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE CELGENE INTELLECTUAL PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH CELGENE CONFIDENTIAL INFORMATION DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING INFRINGE ANY PATENT RIGHTS OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY CRITICAL APPLICATIONSTHIRD PARTY.

Disclaimers. (A) 9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE8 (LIMITED WARRANTY), THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS LICENSED MATERIALS ARE PROVIDED "AS-“AS IS" ” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. , AND XILINX AND ITS LICENSORS DISCLAIM DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONSREPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY IMPLIED OR OTHERWISESTATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT MAKES NO WARRANTY OR REPRESENTATION THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE LICENSED MATERIALS WILL MEET LICENSEE'S ’S REQUIREMENTS, THAT THE LICENSED MATERIALS WILL OPERATE PROPERLY IN COMBINATION WITH OTHER FUNCTIONALITY, CORES, SOFTWARE OR PROTOCOLS, OR THAT THE OPERATION OF THE SOFTWARE LICENSED MATERIALS WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, OR THAT THE ALL ERRORS OR DEFECTS IN THE SOFTWARE WILL BE LICENSED MATERIALS ARE CAPABLE OF BEING CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) 9.2 LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE LICENSED MATERIALS IN COMBINATION WITH OTHER FUNCTIONALITY, CORES, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) 9.3 THE SOFTWARE IS LICENSED MATERIALS ARE NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- APPLICATIONS RELATED TO LIFE-SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, CONTROL OF VEHICLE OR AIRCRAFT (UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR), OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "“CRITICAL APPLICATIONS"”). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF INCORPORATE THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARELICENSED MATERIALS, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY USE OF THE LICENSED MATERIALS IN CRITICAL APPLICATIONS.

Disclaimers. THE PARTIES MAKE NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT. THE PARTIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT (B) WARRANTIES AS TO THE QUALITY OR PERFORMANCE OF THE MATERIALS, INFORMATION, GOODS, SERVICES, TECHNOLOGY AND/OR CONTENT PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE DELIVERY OR AVAILABILITY OF ANY ADVERTISEMENTS, AND ANY LIMITATIONS ON USER ACCESS TO OR USE OF CONTENT; AND (C) WARRANTIES AS TO THE PERFORMANCE OF COMPUTERS, TECHNOLOGY, NETWORKS OR ADS (INCLUDING BUT NOT LIMITED TO ALL WARRANTIES REGARDING POSITIONING, LEVELS, QUALITY OR TIMING OF (I) AVAILABILITY AND DELIVERY OF ANY IMPRESSIONS, CREATIVE, OR TARGETS; (II) CONVERSIONS OR OTHER RESULTS FOR ANY ADS OR TARGETS; (III) THE ACCURACY OF ANY PROVIDER DATA (E.G., REACH, SIZE OF AUDIENCE, DEMOGRAPHICS OR OTHER PURPORTED CHARACTERISTICS OF AUDIENCE); AND (IV) THE ADJACENCY OR PLACEMENT OF ADS). XILINX DOES NOT WARRANT GOOGLE MAKES NO WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE GOOGLE SERVICES WILL MEET LICENSEE'S REQUIREMENTSBE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE OPERATION RESULTS OR INFORMATION OBTAINED FROM USE OF THE SOFTWARE GOOGLE SERVICES WILL BE UNINTERRUPTED ACCURATE OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISERELIABLE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONS.

Disclaimers. (A) EXCEPT FOR 7.1 TO THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS LICENSED MATERIALS ARE PROVIDED "AS-“AS IS" ” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. , AND XILINX AND ITS LICENSORS DISCLAIM DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONSREPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY IMPLIED OR OTHERWISESTATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT MAKES NO WARRANTY OR REPRESENTATION THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE LICENSED MATERIALS WILL MEET LICENSEE'S ’S REQUIREMENTS, THAT THE LICENSED MATERIALS WILL OPERATE PROPERLY IN COMBINATION WITH OTHER FUNCTIONALITY, CORES, SOFTWARE OR PROTOCOLS, OR THAT THE OPERATION OF THE SOFTWARE LICENSED MATERIALS WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, OR THAT THE ALL ERRORS OR DEFECTS IN THE SOFTWARE WILL BE LICENSED MATERIALS ARE CAPABLE OF BEING CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) 7.2 LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE LICENSED MATERIALS IN COMBINATION WITH OTHER FUNCTIONALITY, CORES, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) 7.3 THE SOFTWARE IS LICENSED MATERIALS ARE NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- APPLICATIONS RELATED TO LIFE-SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, CONTROL OF VEHICLE OR AIRCRAFT (UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR), OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "“CRITICAL APPLICATIONS"”). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF INCORPORATE THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARELICENSED MATERIALS, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY USE OF THE LICENSED MATERIALS IN CRITICAL APPLICATIONS.

Disclaimers. CUSTOMER UNDERSTANDS AND AGREES THAT THE FOLLOWING LIMITATIONS ARE AN ESSENTIAL PART OF THE CONSIDERATION TO iiX FOR ENTERING INTO THIS AGREEMENT. THE LIMITATIONS ARE SPECIFICALLY DESIGNED AND AGREED TO BY THE PARTIES TO ALLOCATE AND LIMIT RISKS BETWEEN THE PARTIES IN LIGHT OF THE PRICES CHARGED AND THE OTHER BUSINESS TERMS OF THIS AGREEMENT. CERTAIN OF THE INFORMATION SERVICES PROVIDED UNDER THIS AGREEMENT ARE FROM INFORMATION OR SERVICES SUPPLIED BY VARIOUS STATE AGENCIES, SERVICE PROVIDERS, AND OTHER SERVICE BUREAUS (A) EXCEPT COLLECTIVELY, “DATA PROVIDERS”). THE INFORMATION SERVICES ARE PROVIDED "AS IS" AND NEITHER iiX NOR ITS DATA PROVIDERS IN ANY WAY WARRANT OR ASSUME ANY LIABILITY FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVEACCURACY, THE SOFTWARE (INCLUDING SUPPORTTIMELINESS, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND/OR COMPLETENESS OF ANY KINDINFORMATION SERVICE PROVIDED UNDER THIS AGREEMENT. XILINX AT THE DIRECTION OF THE CUSTOMER, WHERE PERMITTED, MOTOR VEHICLE REPORTS MAY BE SUPPLIED FROM 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 LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSDATA PROVIDERS ASSUME RESPONSIBILITY FOR CHARGES INCURRED, EXPRESSLOST REVENUE, IMPLIEDOR INCIDENTAL, STATUTORY SPECIAL, PUNITIVE OR OTHERWISECONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITATED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITYERRORS IN CUSTOMER INPUT, NON-INFRINGEMENT OF THIRD PARTY RIGHTSDUPLICATE REQUESTS, AND FITNESS FOR A PARTICULAR PURPOSEERRORS IN TRANSMISSION, PROGRAM OR EQUIPMENT FAILURES, COMMUNICATION PROBLEMS, PROCESS DELAYS, OR SCHEDULE CHANGES. XILINX DOES NOT WARRANT THAT IN NO EVENT SHALL iiX'S OR THE FUNCTIONS CONTAINED APPLICABLE DATA PROVIDER’S LIABILITY EXCEED THE CHARGES ACTUALLY PAID TO iiX BY CUSTOMER IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE THREE (3) MONTHS IMMEDIATELY PRECEDING ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISESUCH CLAIM. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONS.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORTSUPPORT AND UPDATES, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX GRAPHCORE AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX GRAPHCORE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX GRAPHCORE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY, AND OPERATION OF THE SOFTWARE WITH THE GRAPHCORE DEVICES) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES AND COMPLYING WITH SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR LIFE-SUPPORT, MEDICAL, SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, LICENSEE ACKNOWLEDGES THAT THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFTAIRCRAFT (“NAVIGATION CONTROL”), AND SHOULD NOT BE USED FOR SUCH NAVIGATION CONTROL APPLICATIONS UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF THE SOFTWARE IN THE XILINX GRAPHCORE DEVICE TO IMPLEMENT THE REDUNDANCYREDUNDANCY FEATURE) AND A WARNING SIGNAL UPON SUCH FAILURE TO THE OPERATOROPERATOR OF SUCH VEHICLE OR AIRCRAFT. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK OF AND LIABILITY OF FOR ANY CRITICAL APPLICATIONSAPPLICATIONS AND NAVIGATION CONTROL, AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS GRAPHCORE AND ITS AGENTS AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES AND EXPENSES INCLUDING ANY REASONABLE ATTORNEY FEES, ARISING FROM ACTUAL OR ALLEGED DAMAGE TO ANY PROPERTY OR PERSON CAUSED BY CRITICAL APPLICATIONS OR NAVIGATION CONTROL.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX 6.2 AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH THE SOFTWARE, SUBSCRIPTION SERVICES, ENTERPRISE BENEFITS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED HERETO INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, TITLE, SYSTEM INTEGRATION, AND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARIADB DOES NOT WARRANT RESULTS OR THAT ANY SOFTWARE, SUBSCRIPTION SERVICES OR WORK PRODUCT WILL BE FREE FROM ERRORS, DEFECTS OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RISK RESPONSIBILITY AT ALL TIMES TO PROTECT AND LIABILITY MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY CRITICAL APPLICATIONSAND ALL CUSTOMER DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SYSTEMS OF CUSTOMER.

Disclaimers. (A) 8.7.1 EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 9 ABOVETHIS AGREEMENT, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OREXIGEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY INCLUDING ANY EXPRESS OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE OREXIGEN INTELLECTUAL PROPERTY, ANY OREXIGEN CONFIDENTIAL INFORMATION OR ANY LICENSE GRANTED BY OREXIGEN UNDER ITS INTELLECTUAL PROPERTY RIGHTS HEREUNDER, OR WITH RESPECT TO ANY PRODUCTS. XILINX DOES NOT WARRANT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, OREXIGEN MAKES NO REPRESENTATIONS OR WARRANTY THAT THE FUNCTIONS CONTAINED ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OREXIGEN PATENTS ARE VALID OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED ENFORCEABLE OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE OREXIGEN INTELLECTUAL PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH CONTEMPLATED HEREUNDER DOES NOT INCLUDE USE INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF SOFTWARE ANY THIRD PARTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT NOTHING IN THIS AGREEMENT (OR THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCYORIGINAL COLLABORATION AGREEMENT) AND SHALL BE CONSTRUED AS A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING REPRESENTATION OR DISTRIBUTING ANY SYSTEMS WARRANTY THAT WERE DEVELOPED BY USE OF THE SOFTWARE OREXIGEN CONFIDENTIAL INFORMATION CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 8.7.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TAKEDA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE TAKEDA INTELLECTUAL PROPERTY ANY TAKEDA CONFIDENTIAL INFORMATION OR ANY LICENSE GRANTED BY TAKEDA UNDER ITS INTELLECTUAL PROPERTY RIGHTS HEREUNDER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TAKEDA MAKES NO REPRESENTATIONS OR WARRANTY THAT ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE TAKEDA PATENTS ARE VALID OR ENFORCEABLE OR THAT INCORPORATE ANY PORTION USE OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY TAKEDA INTELLECTUAL PROPERTY CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY CRITICAL APPLICATIONSTHIRD PARTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT NOTHING IN THIS AGREEMENT (OR THE ORIGINAL COLLABORATION AGREEMENT) SHALL BE CONSTRUED AS A REPRESENTATION OR WARRANTY THAT USE OF THE TAKEDA CONFIDENTIAL INFORMATION CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX 6.2 AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SUPPORT, SOFTWARE, ENTERPRISE BENEFITS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND CUSTOMER EXPRESSLY WAIVES, ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED HERETO INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SYSTEM INTEGRATION, AND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARIADB DOES NOT WARRANT RESULTS OR THAT ANY SUPPORT, SUPPORTED SOFTWARE, OTHER SERVICES OR WORK PRODUCT WILL BE FREE FROM ERRORS, DEFECTS OR BUGS. . CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RISK RESPONSIBILITY AT ALL TIMES TO PROTECT AND LIABILITY MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY CRITICAL APPLICATIONSAND ALL CUSTOMER DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SYSTEMS OF CUSTOMER.

Disclaimers. (A) 11.5.1 EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS SPECIFICALLY SET FORTH IN SECTION 9 ABOVETHIS AGREEMENT, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. XILINX KIND CONCERNING ITS ACTIVITIES UNDER THIS AGREEMENT OR RESULTS OF ANY WORK PLAN AND ITS LICENSORS DISCLAIM HEREBY DISCLAIMS ALL OTHER WARRANTIES REPRESENTATIONS AND CONDITIONSWARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ITSELF OR THIRD PARTY PARTIES, VALIDITY, ENFORCEABILITY AND SCOPE OF PATENT RIGHTS, VALIDITY OF PATENT RIGHTS CLAIMS, WHETHER ISSUED OR PENDING, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES THE ABSENCE OF LATENT OR OTHER DEFECTS WHETHER OR NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEDISCOVERABLE. (B) LICENSEE ACKNOWLEDGES THAT 11.5.2 BEACON PLATFORMS ARE SOLD “FOR RESEARCH USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS ONLY. NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCEDIAGNOSTIC PROCEDURES.” GINKGO ACKNOWLEDGES THAT (I) BEACON PLATFORMS HAVE NOT BEEN APPROVED, SUCH AS IN LIFE- SUPPORT CLEARED OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO LICENSED BY THE DEPLOYMENT OF AIRBAGS, UNITED STATES FOOD AND DRUG ADMINISTRATION OR ANY OTHER APPLICATIONS REGULATORY ENTITY WHETHER FOREIGN OR DOMESTIC FOR ANY SPECIFIC INTENDED USE, WHETHER RESEARCH, COMMERCIAL, DIAGNOSTIC OR OTHERWISE AND (II) GINKGO MUST ENSURE IT HAS ANY REGULATORY APPROVALS THAT COULD LEAD ARE NECESSARY FOR GINKGO’S INTENDED USES OF BEACON PLATFORMS. GINKGO FURTHER AGREES TO DEATHCOMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS WHEN USING, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY MAINTAINING AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL DISPOSING OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSBEACON PLATFORMS.

Disclaimers. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, STREAMRAY EXPRESSLY DISCLAIMS (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY ON BEHALF OF ANY KIND. XILINX ITSELF AND ITS LICENSORS DISCLAIM AFFILIATED ENTITIES) ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEINCLUDING, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARISING OUT OF CUSTOMER'S OR ANY PERFORMER USE OF THE STREAMRAY SERVICE OR ANY PERFORMER SERVICES PROVIDED BY CUSTOMER. XILINX FURTHER, STREAMRAY EXPRESSLY DISAVOWS ANY OBLIGATION TO DEFEND, INDEMNIFY OR HOLD CUSTOMER OR ANY PERFORMER HARMLESS IN CONNECTION WITH ANY LAWSUIT OR OTHER PROCEEDING ARISING OUT OF SUCH USE OR THE PROVISION OF ANY PERFORMER SERVICES. TO THE EXTENT APPLICABLE LAWS PROHIBIT DISCLAIMING ANY IMPLIED WARRANTY, SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THE MINIMUM WARRANTY PERIOD REQUIRED BY LAW, AND IF NO SUCH PERIOD IS REQUIRED, THEN THIRTY (30) DAYS FROM FIRST USE. STREAMRAY DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF STREAMRAY SERVICES. WITHOUT LIMITING THE FOREGOING, STREAMRAY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE STREAMRAY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, ERROR-FREE OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE GENERATE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS INCOME ON BEHALF OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, CUSTOMER OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSPERFORMER.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORTSUPPORT AND UPDATES, IF ANY) IS PROVIDED "“AS-IS" ” WITHOUT WARRANTY OF ANY KIND. XILINX GRAPHCORE AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX GRAPHCORE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S ’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX GRAPHCORE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY, AND OPERATION OF THE SOFTWARE WITH THE GRAPHCORE DEVICES) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES AND COMPLYING WITH SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR LIFE-SUPPORT, MEDICAL, SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "“CRITICAL APPLICATIONS"”). FURTHERMORE, LICENSEE ACKNOWLEDGES THAT THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFTAIRCRAFT (“NAVIGATION CONTROL”), AND SHOULD NOT BE USED FOR SUCH NAVIGATION CONTROL APPLICATIONS UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF THE SOFTWARE IN THE XILINX GRAPHCORE DEVICE TO IMPLEMENT THE REDUNDANCYREDUNDANCY FEATURE) AND A WARNING SIGNAL UPON SUCH FAILURE TO THE OPERATOROPERATOR OF SUCH VEHICLE OR AIRCRAFT. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK OF AND LIABILITY OF FOR ANY CRITICAL APPLICATIONSAPPLICATIONS AND NAVIGATION CONTROL, AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS GRAPHCORE AND ITS AGENTS AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES AND EXPENSES INCLUDING ANY REASONABLE ATTORNEY FEES, ARISING FROM ACTUAL OR ALLEGED DAMAGE TO ANY PROPERTY OR PERSON CAUSED BY CRITICAL APPLICATIONS OR NAVIGATION CONTROL.

Disclaimers. (A) EXCEPT FOR LESSOR HAS COMMITTED TO LESSEE THAT ON THE EXPRESS LIMITED WARRANTY DELIVERY DATE THE AIRCRAFT WILL BE IN THE CONDITION REQUIRED BY ARTICLE 6. SUCH COMMITMENT OR COVENANT ON THE PART OF LESSOR EXPIRES AND THE DISCLAIMERS SET FORTH IN SECTION 9 ABOVETHIS ARTICLE 8 APPLY UPON LESSEE'S ACCEPTANCE OF THE AIRCRAFT AND EXECUTION OF THE ESTOPPEL AND ACCEPTANCE CERTIFICATE. AFTER SUCH TIME, THEN AS BETWEEN LESSOR AND LESSEE: 8.1 AS IS, WHERE IS". LESSEE AGREES THAT IT IS LEASING THE SOFTWARE AIRCRAFT "AS IS, WHERE IS". LESSEE UNCONDITIONALLY ACKNOWLEDGES AND AGREES THAT NEITHER LESSOR NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES HAVE MADE OR WILL BE DEEMED TO HAVE MADE ANY TERM, CONDITION, REPRESENTATION, WARRANTY OR COVENANT EXPRESS OR IMPLIED (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, WHETHER STATUTORY OR OTHERWISE) AS TO (a) THE CAPACITY, INCLUDING WITHOUT LIMITATIONAGE, AIRWORTHINESS, VALUE, QUALITY, DURABILITY, CONFORMITY TO THE PROVISIONS OF THIS LEASE, DESCRIPTION, CONDITION (WHETHER OF THE AIRCRAFT, ANY IMPLIED WARRANTIES OF ENGINE, ANY PART THEREOF OR THE AIRCRAFT DOCUMENTATION), DESIGN, WORKMANSHIP, MATERIALS, MANUFACTURE, CONSTRUCTION, OPERATION, DESCRIPTION, STATE, MERCHANTABILITY, NON-PERFORMANCE, FITNESS FOR ANY PARTICULAR USE OR PURPOSE (INCLUDING THE ABILITY TO OPERATE OR REGISTER THE AIRCRAFT OR USE THE AIRCRAFT DOCUMENTATION IN ANY OR ALL JURISDICTIONS) OR SUITABILITY OF THE AIRCRAFT OR ANY PART THEREOF, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, KNOWN OR UNKNOWN, APPARENT OR CONCEALED, EXTERIOR OR INTERIOR, (b) THE ABSENCE OF ANY INFRINGEMENT OF THIRD PARTY ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION (c) ANY IMPLIED WARRANTY ARISING FROM COURSE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT COURSE OF DEALING OR SAFETY DEVICES USAGE OF TRADE OR SYSTEMS(d) ANY OTHER REPRESENTATION OR WARRANTY, CLASS III MEDICAL DEVICESEXPRESS OR IMPLIED, NUCLEAR FACILITIES, APPLICATIONS RELATED WITH RESPECT TO THE DEPLOYMENT OF AIRBAGS, AIRCRAFT OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATHPART THEREOF, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSEXTINGUISHED.

Disclaimers. (A) EXCEPT CUSTOMER UNDERSTANDS AND AGREES THAT THE FOLLOWING LIMITATIONS ARE AN ESSENTIAL PART OF THE CONSIDERATION TO iiX FOR ENTERING INTO THIS AGREEMENT. THE LIMITATIONS ARE SPECIFICALLY DESIGNED AND AGREED TO BY THE PARTIES TO ALLOCATE AND LIMIT RISKS BETWEEN THE PARTIES IN LIGHT OF THE PRICES CHARGED AND THE OTHER BUSINESS TERMS OF THIS AGREEMENT. iiX PREPARES THE MVRS AND PRODUCTS PROVIDED UNDER THIS SERVICE FROM INFORMATION SUPPLIED BY VARIOUS STATE AGENCIES AND OTHER SERVICE BUREAUS. ALTHOUGH EVERY REASONABLE EFFORT IS MADE TO ENSURE THE ACCURACY OF THE DATA, THE MVRS AND OTHER PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND NEITHER iiX NOR ITS SERVICE BUREAUS IN ANY WAY WARRANTS OR ASSUMES ANY LIABILITY FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVEACCURACY, THE SOFTWARE (INCLUDING SUPPORTTIMELINESS, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND/OR COMPLETENESS OF ANY KINDMVR OR PRODUCT PROVIDED UNDER THIS AGREEMENT. XILINX AT THE DISCRETION OF THE CUSTOMER, WHERE PERMITTED, MOTOR VEHICLE REPORTS MAY BE SUPPLIED FROM DATABASE OR HISTORY FILES OF OTHER SERVICE BUREAUS. 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 LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSSERVICE BUREAUS ASSUMES RESPONSIBILITY FOR CHARGES INCURRED, EXPRESSLOST REVENUE, IMPLIEDNOR INCIDENTAL, STATUTORY SPECIAL, PUNITIVE OR OTHERWISECONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE WHATSOEVER, INCLUDING WITHOUT BUT NOT IN LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITYERRORS IN CUSTOMER INPUT, NON-INFRINGEMENT OF THIRD PARTY RIGHTSDUPLICATE REQUESTS, AND FITNESS FOR A PARTICULAR PURPOSEERRORS IN TRANSMISSION, PROGRAM OR EQUIPMENT FAILURES, COMMUNICATION PROBLEMS, PROCESS DELAYS, OR SCHEDULE CHANGES. XILINX DOES NOT WARRANT THAT IN NO EVENT SHALL iiX's OR THE FUNCTIONS CONTAINED SERVICE BUREAU's LIABILITY EXCEED THE CHARGES ACTUALLY PAID TO iiX BY CUSTOMER IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE THREE (3) MONTHS IMMEDIATELY PRECEDING ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISESUCH CLAIM. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONS.

Disclaimers. (A) EXCEPT FOR 6.1. THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS LICENSED MATERIALS ARE PROVIDED "AS-AS IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM 1 YEAR LIMITED GUARANTEE SHALL APPLY FOR DEVICE FROM THE DATE OF DELIVERY OF DEVICE. OPTOMOTIVE D.O.O. DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY IMPLIED OR OTHERWISESTATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. XILINX OPTOMOTIVE D.O.O. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE LICENSED MATERIALS WILL MEET LICENSEE'S REQUIREMENTS, THAT THE LICENSED MATERIALS WILL OPERATE PROPERLY, WHETHER ALONE OR IN COMBINATION WITH OTHER FUNCTIONALITY, CORES, SOFTWARE OR PROTOCOLS, OR THAT THE OPERATION OF THE SOFTWARE LICENSED MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE ALL ERRORS OR DEFECTS IN THE SOFTWARE WILL BE LICENSED MATERIALS ARE CAPABLE OF BEING CORRECTED. FURTHERMORE, XILINX OPTOMOTIVE D.O.O. DOES NOT WARRANT THAT THE LICENSED MATERIALS ARE COMPLETED, TESTED, VERIFIED, OR MAKE WILL WORK ON THEIR OWN WITHOUT REVISIONS. LICENSEE IS SOLELY RESPONSIBLE FOR VERIFICATION OF ITS DESIGN. OPTOMOTIVE D.O.O. SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE OBLIGATIONS FOR TECHNICAL SUPPORT AND BUG FIXES, AS WELL AS ANY LIABILITY ARISING FROM LICENSEE’S USE OF THE SOFTWARE (INCLUDING SUPPORTLICENSED MATERIALS. UPON REQUEST OF THE LICENSEE, IF ANY) LICENSOR AND LICENSEE MAY AGREE ON PROVISION OF SUCH TECHNICAL SUPPORT AND BUG FIXES SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISESPECIAL AGREEMENT IN WRITING. (B) 6.2. LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE LICENSED MATERIALS IN COMBINATION WITH OTHER FUNCTIONALITY, CORES, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) 6.3. THE SOFTWARE IS LICENSED MATERIALS ARE NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT LIFESUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY USE OF THE LICENSED MATERIALS IN CRITICAL APPLICATIONS.

Disclaimers. (A) 7.6.1 EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE THIS AGREEMENT: (INCLUDING SUPPORT, IF ANYa) IS PROVIDED "AS-IS" WITHOUT WARRANTY ONCOMED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT PURPOSE WITH RESPECT TO THE ONCOMED INTELLECTUAL PROPERTY OR ANY LICENSE GRANTED BY ONCOMED HEREUNDER, OR WITH RESPECT TO ANY COLLABORATION COMPOUNDS OR PRODUCTS; AND (b) NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION OR WARRANTY THAT THE FUNCTIONS CONTAINED ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, ONCOMED PATENTS ARE VALID OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED ENFORCEABLE OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH ONCOMED CONFIDENTIAL INFORMATION OR ONCOMED INTELLECTUAL PROPERTY CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSESPARTY. 7.6.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT: (Ca) THE SOFTWARE IS NOT DESIGNED BSP MAKES NO REPRESENTATIONS OR INTENDED WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO BE FAIL-SAFEANY BSP CONFIDENTIAL INFORMATION OR ANY LICENSE GRANTED BY BSP UNDER ITS INTELLECTUAL PROPERTY RIGHTS HEREUNDER, OR FOR USE WITH RESPECT TO ANY BSP DEVELOPMENT COMPOUNDS OR PRODUCTS; AND (b) NOTHING IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH THIS AGREEMENT SHALL BE CONSTRUED AS IN LIFE- SUPPORT A REPRESENTATION OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS WARRANTY THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE BSP CONFIDENTIAL INFORMATION OR THAT INCORPORATE BSP INTELLECTUAL PROPERTY CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY CRITICAL APPLICATIONSTHIRD PARTY.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVEAS PROVIDED HEREIN, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "ASEACH PARTY DIS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM CLAIMS ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EXPRESSWHETHER EXPRESS OR, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED LIMITATION ALL WARRANTIES OF MERCHANTABILITY, NONMERCHANT-INFRINGEMENT OF THIRD PARTY RIGHTS, ABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE, TRADE OR PRACTICE. XILINX DOES NOT WARRANT INFORMAX SPECIFI-CALLY DISCLAIMS THAT THE FUNCTIONS CONTAINED IN INFORMAX SOFTWARE AND THE SOFTWARE DATA ANALYSIS PRODUCTS WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE OPERATE UNINTERRUPTED OR ERROR FREE. SECTION 9 - LIMITATION OF LIABILITY 9.1 LIMITATION ON LIABILITY. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY TO THE OTHER PARTY AND ITS SUBSIDIARIES ARISING FROM OR RELATING TO THIS AGREEMENT, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS REGARDLESS OF THE USE FORM OF THE SOFTWARE (INCLUDING SUPPORTACTION WHETHER IN CONTRACT, IF ANY) IN TERMS OF CORRECTNESSWARRANTY, ACCURACY, RELIABILITYTORT, OR OTHERWISE. , EXCEED THE TOTAL AMOUNT PAID BY APB TO INFORMAX UNDER THIS AGREEMENT DURING THE THIRTY-SIX (B36) LICENSEE ACKNOWLEDGES THAT USE MONTH PERIOD PRECEDING THE DATE OF THE SOFTWARE SUCH CAUSE OF ACTION. IN COMBINATION WITH OTHER FUNCTIONALITYNO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, SOFTWARE SPECIAL, INDIRECT, INCIDENTAL OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGSPUNITIVE DAMAGES, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATHLOSS OF DATA, PERSONAL INJURY SOFTWARE, OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELYPROFITS, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SOFTWARE OR POSSIBILITY OF THEREOF. THE PARTIES HAVE AGREED THAT INCORPORATE THE LIMITATIONS SPECIFIED IN THIS SECTION 9.1 WILL SURVIVE AND APPLY EVEN IF ANY PORTION LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THIS AGREEMENT, INCLUDING ITS DISCLAIMERS AND LIMITATIONS ON LIABILITY, REPRESENTS A MUTUALLY AGREED UPON ALLOCATION OF RISK BY THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSESPARTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONS.SECTION 10 - CONFIDENTIALITY

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS SECTION 9 ABOVEAND IN SECTION 3.5 ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING STATEMENT, BIOGEN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO BIOGEN TECHNOLOGY, BIOGEN PATENT RIGHTS, THE SOFTWARE (INCLUDING SUPPORTBIOGEN INVENTORY AND THE UCB MATERIAL, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSINCLUDING, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED REPRESENTATIONS OR WARRANTIES AS TO WHETHER PRODUCT CAN BE SUCCESSFULLY DEVELOPED OR MARKETED, REGARDING THE ACCURACY, PERFORMANCE, UTILITY, RELIABILITY, TECHNOLOGICAL OR COMMERCIAL VALUE, COMPREHENSIVENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WHATSOEVER OF MERCHANTABILITYTHE BIOGEN TECHNOLOGY, NON-INFRINGEMENT OF THIRD PARTY BIOGEN PATENT RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT BIOGEN INVENTORY OR UCB MATERIAL OR AS TO THE FUNCTIONS CONTAINED IN VALIDITY OF THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, BIOGEN PATENT RIGHTS OR THAT THE OPERATION MANUFACTURE, USE, MARKETING OR SALE OF PRODUCTS BY TMC OR ANY OF ITS AFFILIATES, DISTRIBUTORS OR SUBLICENSEES WILL NOT CONSTITUTE AN INFRINGEMENT OF THE SOFTWARE WILL INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. NEITHER BIOGEN NOR TMC SHALL BE UNINTERRUPTED LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR ERROR FREECONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT WHETHER BASED ON CONTRACT, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, TORT OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSLEGAL THEORY.

Disclaimers. CUSTOMER UNDERSTANDS AND AGREES THAT THE FOLLOWING LIMITATIONS ARE AN ESSENTIAL PART OF THE CONSIDERATION TO iiX FOR ENTERING INTO THIS AGREEMENT. THE LIMITATIONS ARE SPECIFICALLY DESIGNED AND AGREED TO BY THE PARTIES TO ALLOCATE AND LIMIT RISKS BETWEEN THE PARTIES IN LIGHT OF THE PRICES CHARGED AND THE OTHER BUSINESS TERMS OF THIS AGREEMENT. CERTAIN OF THE INFORMATION SERVICES PROVIDED UNDER THIS AGREEMENT ARE FROM INFORMATION SUPPLIED BY VARIOUS STATE AGENCIES, SERVICE PROVIDERS, AND OTHER SERVICE BUREAUS (A) EXCEPT COLLECTIVELY, “DATA PROVIDERS”). THE INFORMATION SERVICES ARE PROVIDED "AS IS" AND NEITHER iiX NOR ITS DATA PROVIDERS IN ANY WAY WARRANTS OR ASSUMES ANY LIABILITY FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVEACCURACY, THE SOFTWARE (INCLUDING SUPPORTTIMELINESS, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND/OR COMPLETENESS OF ANY KINDINFORMATION SERVICE PROVIDED UNDER THIS AGREEMENT. XILINX AT THE DIRECTION OF THE CUSTOMER, WHERE PERMITTED, MOTOR VEHICLE REPORTS MAY BE SUPPLIED FROM 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 LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSDATA PROVIDERS ASSUMES RESPONSIBILITY FOR CHARGES INCURRED, EXPRESSLOST REVENUE, IMPLIEDOR INCIDENTAL, STATUTORY SPECIAL, PUNITIVE OR OTHERWISECONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATIONINCLUDING, ANY IMPLIED WARRANTIES OF MERCHANTABILITYBUT NOT LIMITED TO, NON-INFRINGEMENT OF THIRD PARTY RIGHTSERRORS IN CUSTOMER INPUT, AND FITNESS FOR A PARTICULAR PURPOSEDUPLICATE REQUESTS, ERRORS IN TRANSMISSION, PROGRAM OR EQUIPMENT FAILURES, COMMUNICATION PROBLEMS, PROCESS DELAYS, OR SCHEDULE CHANGES. XILINX DOES NOT WARRANT THAT IN NO EVENT SHALL iiX'S OR THE FUNCTIONS CONTAINED APPLICABLE DATA PROVIDER’S LIABILITY EXCEED THE CHARGES ACTUALLY PAID TO iiX BY CUSTOMER IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE THREE (3) MONTHS IMMEDIATELY PRECEDING ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISESUCH CLAIM. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONS.

Disclaimers. (Aa) EXCEPT FOR THE EXPRESS LIMITED WARRANTY REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 9 ABOVETHIS ARTICLE IV, THE SOFTWARE (INCLUDING SUPPORTASSETS ARE TRANSFERRED "AS IS, IF ANY) IS PROVIDED WHERE IS"AS-IS" WITHOUT WARRANTY , AND SELLER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSKIND OR NATURE, EXPRESS, EXPRESS OR IMPLIED, STATUTORY AS TO LIABILITIES, OPERATIONS OF THE ASSETS, CONDITION, VALUE OR QUALITY OF THE ASSETS OR THE PROSPECTS (FINANCIAL AND OTHERWISE), INCLUDING WITHOUT LIMITATION, RISKS AND OTHER INCIDENTS OF THE ASSETS AND SELLER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES REPRESENTATION OR WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTSUSAGE, AND SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT PURPOSE WITH RESPECT TO THE FUNCTIONS CONTAINED IN ASSETS, OR ANY PART THEREOF, OR AS TO THE SOFTWARE WILL MEET LICENSEE'S WORKMANSHIP THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, OR COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS, OR THAT THE OPERATION APPLICABILITY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEANY GOVERNMENTAL REQUIREMENTS, INCLUDING BUT NOT LIMITED TO ANY ENVIRONMENTAL LAWS, OR THAT WHETHER SELLER POSSESSES SUFFICIENT REAL PROPERTY OR PERSONAL PROPERTY TO OPERATE THE DEFECTS IN ASSETS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, SELLER FURTHER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT ABSENCE OF HAZARDOUS SUBSTANCES OR MAKE ANY REPRESENTATIONS REGARDING USE LIABILITY OR POTENTIAL LIABILITY ARISING UNDER ENVIRONMENTAL LAWS WITH RESPECT TO THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEASSETS. (Bb) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSESIt is understood that Seller makes no representation or warranty with respect to the assigned rights in respect of the Terminated Power Service Agreement contemplated in Section 2.1(d). (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONS.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORTSUPPORT AND UPDATES, IF ANY) IS PROVIDED "“AS-IS" ” WITHOUT WARRANTY WAR- RANTY OF ANY KIND. XILINX GRAPHCORE AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES WAR- RANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATIONLIM- ITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX GRAPHCORE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S ’S REQUIREMENTS, OR THAT THE OPERATION OP- ERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX GRAPHCORE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING INCLUD- ING SUPPORT, IF ANY, AND OPERATION OF THE SOFTWARE WITH THE GRAPHCORE DEVICES) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITYFUNCTION- ALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS AC- CEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES AND COMPLYING WITH SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR LIFE-SUPPORT, MEDICAL, SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE SE- VERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "“CRITICAL APPLICATIONS"AP- PLICATIONS”). FURTHERMORE, LICENSEE ACKNOWLEDGES THAT THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFTAIRCRAFT (“NAVIGATION CONTROL”), AND SHOULD NOT BE USED FOR SUCH NAVIGATION CONTROL APPLICATIONS UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF THE SOFTWARE IN THE XILINX GRAPHCORE DEVICE TO IMPLEMENT THE REDUNDANCYREDUNDANCY FEATURE) AND A WARNING SIGNAL UPON SUCH FAILURE TO THE OPERATOROPERATOR OF SUCH VEHICLE OR AIRCRAFT. LICENSEE LI- CENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK OF AND LIABILITY OF FOR ANY CRITICAL APPLICATIONSAPPLICATIONS AND NAVIGATION CON- TROL, AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS GRAPHCORE AND ITS AGENTS AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES AND EXPENSES INCLUDING ANY REASONABLE ATTOR- NEY FEES, ARISING FROM ACTUAL OR ALLEGED DAMAGE TO ANY PROPERTY OR PERSON CAUSED BY CRITICAL APPLICATIONS OR NAVIGATION CONTROL.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORTSUPPORT AND UPDATES, IF ANY) IS PROVIDED "“AS-IS" ” WITHOUT WARRANTY WAR- RANTY OF ANY KIND. XILINX GRAPHCORE AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX GRAPHCORE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED CON- TAINED IN THE SOFTWARE WILL MEET LICENSEE'S ’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX GRAPHCORE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY, AND OPERATION OF THE SOFTWARE WITH THE GRAPHCORE DEVICES) IN TERMS OF CORRECTNESS, ACCURACYACCU- RACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITYFUNCTION- ALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS AC- CEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES AND COMPLYING WITH SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR LIFE-SUPPORT, MEDICAL, SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "“CRITICAL APPLICATIONS"”). FURTHERMOREFUR- THERMORE, LICENSEE ACKNOWLEDGES THAT THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFTAIRCRAFT (“NAVI- GATION CONTROL”), UNLESS AND SHOULD NOT BE USED FOR SUCH NAVIGATION CONTROL APPLICATIONS UN- LESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE THE SOFT- WARE IN THE XILINX GRAPHCORE DEVICE TO IMPLEMENT THE REDUNDANCYREDUNDANCY FEATURE) AND A WARNING SIGNAL SIG- NAL UPON SUCH FAILURE TO THE OPERATOROPERATOR OF SUCH VEHICLE OR AIRCRAFT. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSESPUR- POSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK OF AND LIABILITY OF FOR ANY CRITICAL APPLICATIONSAPPLICATIONS AND NAVIGATION CONTROL, AND SHALL INDEM- NIFY, DEFEND AND HOLD HARMLESS GRAPHCORE AND ITS AGENTS AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES AND EXPENSES INCLUDING ANY REASONABLE ATTORNEY FEES, ARISING FROM ACTUAL OR ALLEGED DAMAGE TO ANY PROPERTY OR PERSON CAUSED BY CRITICAL APPLICATIONS OR NAVIGATION CONTROL.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH AS EXPRESSLY PROVIDED IN SECTION 9 ABOVETHIS USA, THE SOFTWARE (INCLUDING SUPPORTKOR WILL USE ITS BEST EFFORTS TO PROVIDE ALL SERVICES AND DOCUMENTATION CONTEMPLATED HEREIN, IF ANY) IS WHICH SERVICES AND DOCUMENTATION ARE PROVIDED "AS-ON AN “AS IS" ,” “AS AVAILABLE” BASIS, WITHOUT WARRANTY WARRANTIES OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT , AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, AND AS BETWEEN THE FUNCTIONS CONTAINED IN PARTIES, CLIENT BEARS THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE SOLE RISK OF OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE AND USE OF THE SOFTWARE (INCLUDING SUPPORTSERVICES, IF ANY) IN TERMS AND THE QUALITY AND PERFORMANCE THEREOF. WITHOUT LIMITING THE GENERALITY OF CORRECTNESSTHE FOREGOING, ACCURACY, RELIABILITY, UNDER NO CIRCUMSTANCES SHALL KOR BE RESPONSIBLE FOR ANY CLIENT DATA OR OTHERWISE. (B) LICENSEE OTHER CLIENT PROPERTY. CLIENT EXPRESSLY ACKNOWLEDGES THAT (i) USE OF THE SOFTWARE SERVICES COULD RESULT IN COMBINATION WITH THE LOSS, UNAUTHORIZED DISCLOSURE, DISTORTION, MODIFICATION, AND/OR CORRUPTION OF CLIENT DATA AND OTHER FUNCTIONALITYCLIENT PROPERTY, SOFTWARE AND (ii) NONE OF THE SERVICES OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED DOCUMENTATION CONSTITUTE, OR ARE INTENDED TO CONSTITUTE OR BE FAIL-SAFEA SUBSTITUTE FOR, ANY FINANCIAL, TAX, TRADING, INVESTMENT, ACCOUNTING, LEGAL, REGULATORY, COMPLIANCE OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCEOTHER PROFESSIONAL ADVICE OR OTHER PROFESSIONAL SERVICES, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSKIND.

Disclaimers. (Aa) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK PLATFORM AND LIABILITY THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND CYPHER LEARNING AND ITS LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY CRITICAL APPLICATIONSKIND, ORAL, STATUTORY, EXPRESS, IMPLIED, BY COURSE OF COMMUNICATION OR DEALING, OR OTHERWISE. EXCEPT AS SPECIFIED IN SECTION 8.1, CYPHER LEARNING AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL OTHER WARRANTIES, INCLUDING WITH RESPECT TO TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CYPHER LEARNING TECHNOLOGY AND ANY OTHER PRODUCT OR SERVICES FURNISHED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CYPHER LEARNING DOES NOT WARRANT THAT THE PLATFORM IS ERROR-FREE OR THAT THE PLATFORM OR THE SERVICES WILL OPERATE WITHOUT INTERRUPTION AND CYPHER LEARNING GRANTS NO WARRANTY REGARDING THE USE BY CUSTOMER OF THE PLATFORM OR SERVICES. THE CYPHER LEARNING TECHNOLOGY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. CYPHER LEARNING IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. (b) FROM TIME TO TIME, CYPHER LEARNING MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH CUSTOMER MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT CYPHER LEARNING’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

Disclaimers. (A) EXCEPT CUSTOMER IS SOLELY RESPONSIBLE FOR THE EXPRESS LIMITED WARRANTY SET FORTH ACCURACY AND CONTENT OF ANY CUSTOMER DATA. THE COX PRODUCTS ARE INTENDED ONLY TO FACILITATE THE MANAGEMENT AND OPERATION OF CERTAIN ASPECTS OF CUSTOMER’S BUSINESS AT THE AUTHORIZED CUSTOMER LOCATION(S). EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN OR AS SPECIFICALLY STATED IN SECTION 9 ABOVEAN APPLICABLE ORDER FORM, THE SOFTWARE ADDITIONAL MATERIALS OR ATTACHMENT (INCLUDING SUPPORTANY APPLICABLE SERVICE LEVEL AGREEMENTS), IF ANYNEITHER COX NOR ANY OF ITS AFFILIATES (NOR ANY THIRD PARTY LICENSORS) IS PROVIDED "AS-IS" WITHOUT MAKE ANY REPRESENTATION OR WARRANTY TO CUSTOMER, OR ANY OTHER PERSON WITH RESPECT TO ANY COX PRODUCT (OR ANY THIRD PARTY MATERIALS OR THIRD PARTY INTERFACES) OR COX SERVICE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSSUITABILITY, EXPRESSLEGALITY, IMPLIED, STATUTORY MERCHANTABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER REPRESENTATION OR WARRANTY OF ANY TYPE OR NATURE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. XILINX DOES NOT WARRANT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COX MAKES NO REPRESENTATION, WARRANTY OR COMMITMENT: (A) THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE COX PRODUCTS WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR OPERATE ERROR-FREE, WITHOUT INTERRUPTION OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ACCORDANCE WITH ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SPECIFICATIONS; (B) LICENSEE ACKNOWLEDGES THAT USE THE COX PRODUCTS OR COX SERVICES ARE SUITABLE FOR ANY SPECIFIC PURPOSE, INCLUDING ANY ADVICE REGARDING THE VALUE, COSTS, PROFIT TARGETS, QUALITY OR SUITABILITY OF THE SOFTWARE IN COMBINATION WITH ANY PARTICULAR TRANSACTION, SALES STRATEGY OR OTHER FUNCTIONALITY, SOFTWARE BUSINESS PRACTICE; OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) AS TO THE SOFTWARE IS NOT DESIGNED ACCURACY OF ANY CONTENT OR INTENDED DATA MADE AVAILABLE TO BE FAIL-SAFE, CUSTOMER THROUGH OR FOR USE IN CONNECTION WITH THE COX PRODUCTS OR COX SERVICES. IN NO WAY DOES ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCECOX PRODUCT, SUCH COX SERVICE OR OTHER MATERIALS OR INFORMATION PROVIDED BY COX OR ITS AFFILIATES (INCLUDING, AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMSAPPLICABLE AND WITHOUT LIMITATION, CLASS III MEDICAL DEVICESANY FORM CONTRACTS, NUCLEAR FACILITIESMENUS, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGSDISCLAIMERS, PRIVACY POLICIES, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY TERMS AND COLLECTIVELY, "CRITICAL APPLICATIONS")CONDITIONS) CONSTITUTE LEGAL ADVICE. FURTHERMORE, THE SOFTWARE COX IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE ENGAGED IN THE XILINX DEVICE PRACTICE OF LAW OR IN PROVIDING LEGAL OR COMPLIANCE SERVICES. ACCORDINGLY, CUSTOMER SHOULD CONSULT WITH ITS OWN LEGAL ADVISOR FOR LEGAL ADVICE RELATING TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING ANY COX PRODUCT OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSCOX SERVICE.

Disclaimers. (A) EXCEPT FOR 18.1 General SUBLESSOR AND SUBLESSEE AGREE THAT THE EXPRESS LIMITED WARRANTY DISCLAIMERS, WAIVERS AND CONFIRMATIONS SET FORTH IN SECTION 9 ABOVECLAUSES 18.2 THROUGH 18.12 BELOW SHALL APPLY AS BETWEEN SUBLESSOR AND SUBLESSEE AT ALL TIMES DURING THE SUBLEASE TERM WITH EFFECT FROM SUBLESSEE'S ACCEPTANCE OF THE AIRCRAFT BY EXECUTION OF THE ACCEPTANCE CERTIFICATE, WHICH SHALL BE CONCLUSIVE EVIDENCE THAT SUBLESSEE HAS FULLY INSPECTED THE AIRCRAFT AND EVERY PART THEREOF AND THAT THE AIRCRAFT, THE SOFTWARE ENGINES, THE PARTS AND THE AIRCRAFT DOCUMENTS ARE IN ALL RESPECTS ACCEPTABLE TO SUBLESSEE (INCLUDING SUPPORTSAVE AS EXPRESSLY NOTED ON THE ACCEPTANCE CERTIFICATE) AND ARE IN SUITABLE CONDITION FOR DELIVERY TO AND ACCEPTANCE BY SUBLESSEE. 18.2 AS IS, IF ANY) WHERE IS PROVIDED "AS-IS" WITHOUT PRIOR TO DELIVERY HEREUNDER, SUBLESSEE HAD THE OPPORTUNITY TO INSPECT THE AIRCRAFT, ACCORDINGLY, SUBLESSEE UNCONDITIONALLY ACKNOWLEDGES AND AGREES THAT NEITHER OWNER TRUSTEE, LENDER OR SUBLESSOR, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES HAVE MADE OR WILL BE DEEMED TO HAVE MADE ANY TERM, CONDITION, REPRESENTATION, WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR COVENANT EXPRESSED OR IMPLIED (WHETHER STATUTORY OR OTHERWISE) AS TO (i) THE CAPACITY, INCLUDING WITHOUT LIMITATIONAGE, AIRWORTHINESS, VALUE, QUALITY, DURABILITY, DESCRIPTION, CONDITION (WHETHER OF THE AIRCRAFT, ANY IMPLIED WARRANTIES OF ENGINE, ANY PART THEREOF OR THE AIRCRAFT DOCUMENTS), DESIGN, WORKMANSHIP, MATERIALS, MANUFACTURE, CONSTRUCTION, OPERATION, STATE, MERCHANTABILITY, NON-PERFORMANCE, FITNESS FOR ANY PARTICULAR USE OR PURPOSE (INCLUDING THE ABILITY TO OPERATE OR REGISTER THE AIRCRAFT OR USE THE AIRCRAFT DOCUMENTS IN ANY OR ALL JURISDICTIONS) OR SUITABILITY OF THE AIRCRAFT OR ANY PART THEREOF, AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, KNOWN OR UNKNOWN, APPARENT OR CONCEALED, EXTERIOR OR INTERIOR, (ii) THE ABSENCE OF ANY INFRINGEMENT OF THIRD PARTY ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS(iii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, OR (iv) ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED WITH RESPECT TO THE AIRCRAFT OR ANY PART THEREOF, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND EXTINGUISHED. 18.3 Waiver of Warranty of Description SUBLESSEE HEREBY AGREES THAT THE OPERATION ITS ACCEPTANCE OF THE SOFTWARE AIRCRAFT AT DELIVERY AND ITS EXECUTION AND DELIVERY OF THE ACCEPTANCE CERTIFICATE WILL BE UNINTERRUPTED OR ERROR FREERE-AFFIRM AND INDEPENDENTLY CONSTITUTE ITS WAIVER OF THE WARRANTY OF DESCRIPTION AND ANY CLAIMS IT MAY HAVE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR AND OF ANY RIGHT TO MAKE ANY REPRESENTATIONS REGARDING USE CLAIM AGAINST LENDER OR SUBLESSOR BASED UPON THE RESULTS FAILURE OF THE USE AIRCRAFT TO CONFORM WITH SUCH DESCRIPTION OR ANY AIRCRAFT SPECIFICATIONS AND ITS AGREEMENT NOT TO LOOK TO OWNER TRUSTEE, LENDER OR SUBLESSOR FOR DAMAGES OR RELIEF ARISING OUT OF THE SOFTWARE (INCLUDING SUPPORTFAILURE OF THE AIRCRAFT TO CONFORM TO SUCH DESCRIPTIONS OR SPECIFICATIONS, IF ANY) IN TERMS NOTWITHSTANDING ANY ASSURANCES FROM SUBLESSOR, THE DIFFICULTY OF CORRECTNESS, ACCURACY, RELIABILITY, DISCOVERING ANY DEFECT OR OTHERWISEITS ASSUMPTION THAT ANY NONCONFORMITY WOULD BE CURED. (B) LICENSEE ACKNOWLEDGES THAT USE 18.4 No Liability Under UCC SUBLESSEE HEREBY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO THE REMEDIES SET FORTH IN ARTICLE 2A-508 THROUGH 2A-522 OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES UNIFORM COMMERCIAL CODE AS CODIFIED AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSESINTERPRETED UNDER THE LAWS OF THE STATE OF NEW YORK. 18.5 Sublessee Acknowledgment SUBLESSEE AGREES THAT IT IS LEASING THE AIRCRAFT "AS IS, WHERE IS AND WITH ALL FAULTS". 18.6 Sublessee Waiver Sublessee hereby waives as between itself and Sublessor and agrees not to seek to establish or enforce any rights and remedies, express or implied (Cwhether statutory or otherwise) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFEagainst Sublessor, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCEOwner Trustee, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSLender or the Aircraft relating to any of the matters mentioned in Clause 18.1 through 18.7 and the leasing thereof by Sublessor to Sublessee.

Disclaimers. (A) 10.1. EXCEPT FOR AS TO ANY WARRANTIES SPECIFICALLY GIVEN BY VQ IN THE EXPRESS LIMITED WARRANTY SET FORTH MAIN AGREEMENT, NO REPRESENTATIONS OR WARRANTIES ARE GIVEN IN SECTION 9 ABOVE, RELATION TO THIS LICENSE AND THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED “AS IS"AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSIN PARTICULAR, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX VQ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, OR THAT AND THE DEFECTS IN LICENSEE ACCEPTS THAT: (A) THE LICENSEE’S (AND ITS USERS’) ABILITY TO USE THE SOFTWARE WILL IN AN EMERGENCY AND THEIR PRIORITY TREATMENT CANNOT BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. GUARANTEED; AND (B) THE LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITYMAY SOMETIMES BE LIMITED, SOFTWARE UNAVAILABLE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSESINTERRUPTED. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES10.2. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, LICENSEE ASSUMES VQ, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOLE RISK SOFTWARE AND LIABILITY DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, VQ PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY CRITICAL KIND THAT THE SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED 10.3. To the extent that any such should apply, the Licensee shall be responsible for any and all applicable federal, state and local sales, use, value-added, excise, duty and any other taxes of any nature assessed on the Software and services provided under this License and the Main Agreement.

Disclaimers. (A) EXCEPT FOR 6.1 EACH EARLY CUSTOMER ENGAGEMENT PROGRAM IS PROVIDED FREE OF CHARGE, AS A PRE-RELEASE SERVICE, AND IS NOT AT THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVELEVEL OF PERFORMANCE OR COMPATIBILITY OF THE FINAL, GENERALLY AVAILABLE CELONIS PRODUCTS. THEREFORE, THE SOFTWARE (INCLUDING SUPPORT, IF ANYEARLY CUSTOMER ENGAGEMENT PROGRAM(S) MAY NOT OPERATE CORRECTLY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO IT BEING MADE GENERALLY COMMERCIALLY AVAILABLE OR WITHDRAWN ALTOGETHER. 6.2 EACH EARLY CUSTOMER ENGAGEMENT PROGRAM IS PROVIDED "AS-AS IS" AND WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTSPURPOSE AND ANY TERMS IMPLIED BY STATUTE OR COMMON LAW REGARDING QUALITY, FITNESS, MAINTENANCE, OR THAT USE, ARE HEREBY DISCLAIMED AND EXCLUDED TO THE OPERATION OF EXTENT NOT EXPRESSLY PROHIBITED BY APPLICABLE LAW. 6.3 THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) ANY EARLY CUSTOMER ENGAGEMENT PROGRAM REMAINS WITH YOU. IN TERMS NO EVENT SHALL CELONIS OR ANY OF CORRECTNESS, ACCURACY, RELIABILITY, ITS AFFILIATES OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT SUBSIDIARIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND ARISING FROM USE OF THE SOFTWARE EARLY CUSTOMER ENGAGEMENT PROGRAM(S), WHETHER RESULTING FROM A TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHER FORM OF ACTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OF ANY KIND ARISING IN COMBINATION WITH OTHER FUNCTIONALITYANY WAY OUT OF THIS AGREEMENT, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE EVEN IF ADVISED OF THE SOFTWARE OR POSSIBILITY OF SUCH DAMAGE. THE PARTIES AGREE THAT INCORPORATE ANY PORTION THE FOREGOING LIMITATION OF THE SOFTWARE, LIABILITY IS MATERIAL TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSTHIS AGREEMENT.

Disclaimers. THE SOLUTION, SERVICES, OUTPUT, AS WELL AS ANY OTHER GOODS AND SERVICES PROVIDED OR MADE AVAILABLE BY COMPANY OR ITS AFFILIATES HEREUNDER (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVECOLLECTIVELY, THE SOFTWARE “COMPANY MATERIALS“) ARE PROVIDED AND MADE AVAILABLE ON AN “AS IS― AND “AS AVAILABLE― BASIS, WITH ALL DEFECTS. ALL ACCESS TO, USE OF, AND RELIANCE UPON, COMPANY MATERIALS IS AT CUSTOMER’S SOLE RISK (AND ACCORDINGLY CUSTOMER AGREES NOT TO USE OR RELY UPON THE COMPANY MATERIALS AS A SUBSTITUTE FOR PROFESSIONAL ADVICE). ALL EXPRESS, IMPLIED AND STATUTORY CONDITIONS AND WARRANTIES (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTSSATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, TITLE, QUIET POSSESSION, NON-INFRINGEMENT, OR QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE) ARE HEREBY DISCLAIMED BY COMPANY AND ITS LICENSORS. COMPANY DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, TIMELINESS, COMPLETENESS, OR QUALITY OF COMPANY MATERIALS; (B) THAT CUSTOMER’S USE OF COMPANY MATERIALS WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE; (C) REGARDING THE OPERATION OF ANY CELLULAR NETWORKS, THE SOFTWARE WILL BE UNINTERRUPTED PASSING OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE TRANSMISSION OF DATA VIA ANY REPRESENTATIONS REGARDING USE NETWORKS OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGSCLOUD, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATHCELLULAR OR DATA CONNECTIVITY PROBLEMS; OR (D) REGARDING THE SATISFACTION OF, PERSONAL INJURY OR SEVERE PROPERTY COMPLIANCE WITH, ANY LAWS, REGULATIONS, OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELYOTHER GOVERNMENT OR INDUSTRY RULES OR STANDARDS. COMPANY WILL NOT BE LIABLE OR OBLIGATED IN RESPECT OF DELAYS, "CRITICAL APPLICATIONS"). FURTHERMOREINTERRUPTIONS, THE SOFTWARE IS NOT DESIGNED SERVICE FAILURES OR INTENDED FOR USE OTHER PROBLEMS INHERENT IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE INTERNET AND ELECTRONIC COMMUNICATIONS OR THAT INCORPORATE FOR ISSUES RELATED TO PUBLIC NETWORKS OR HOSTING PROVIDERS. COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARE NOT INVESTMENT, RISK, TAX OR FINANCIAL ADVISORS, AND THE COMPANY MATERIALS ARE NOT INTENDED TO PROVIDE, AND SHOULD NOT BE CONSTRUED AS PROVIDING, ANY PORTION OF THE SOFTWAREINVESTMENT, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWRISK, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY TAX OR OTHER FINANCIAL OR LEGAL ADVICE, OF ANY CRITICAL APPLICATIONSKIND.

Disclaimers. (A) EXCEPT FOR 8.1. THE LICENSED MATERIALS, MASKS, EVALUATION BOARDS, INVENTORY AND EQUIPMENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY AND LICENSOR MAKES NO, AND EXPRESSLY DISCLAIMS ANY AND ALL, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISEIMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. XILINX DOES LICENSOR SHALL NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTSBE LIABLE FOR ANY LIABILITY OR DAMAGES WITH RESPECT TO ANY CLAIM BY LICENSEE OR ANY THIRD PARTY ON ACCOUNT OF, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEARISING FROM, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE LICENSEE’S USE OF THE SOFTWARE LICENSED MATERIALS, THE MASKS, EVALUATION BOARDS, INVENTORY AND EQUIPMENT OR ANY OTHER EXERCISE BY LICENSEE OF ANY LICENSE OR RIGHT GRANTED TO LICENSEE PURSUANT TO THIS AGREEMENT. 8.2. EXCEPT AS SET FORTH IN THE FOLLOWING SENTENCE, IN NO EVENT WILL EITHER PARTY BE LIABLE, UNDER ANY EQUITY, COMMON LAW, TORT, CONTRACT, ESTOPPEL, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING SUPPORTANY DAMAGES RESULTING FROM LOSS OF SALES, BUSINESS, PROFITS, LOSS OF DATA, OPPORTUNITY, ECONOMIC ADVANTAGE OR GOODWILL), EVEN IF ANYTHE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF THE APPLICABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES. NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION TO THE CONTRARY, THE DISCLAIMER OF LIABILITY IN THE PRECEDING SHALL NOT APPLY TO: (A) IN TERMS OF CORRECTNESSCLAIMS BASED ON THE FRAUD, ACCURACY, RELIABILITYWILLFUL MISCONDUCT, OR OTHERWISE. GROSS NEGLIGENCE OF APPLICABLE PARTY; AND/OR (B) MATERIAL BREACH BY LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITYSECTIONS 2, SOFTWARE 3 AND/OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. 6; AND/OR (C) THE SOFTWARE IS NOT DESIGNED MATERIAL BREACH BY LICENSOR OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT LICENSEE OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSSECTION 7.

Disclaimers. 10.1 NEITHER LINEARX NOR TAKIS NOR EVVIVAX SHALL UNDER ANY CIRCUMSTANCES BE LIABLE TO EACH OTHER OR THEIR RESPECTIVE AFFILIATES FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (AINCLUDING, BUT NOT LIMITED TO, LOSS OF PRODUCTION TIME, PROFITS, REVENUE, OR BUSINESS) EXCEPT FOR RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT, OR THE TERMINATION OF THIS AGREEMENT, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (I) BREACH OF THIS AGREEMENT, (II) THE FAILURE BY ANY PARTY TO DEVELOP ANY PRODUCTS OR PROCESSES IN ACCORDANCE WITH THE JOINT DEVELOPMENT PROGRAM, (III) THE FAILURE BY ANY PARTY TO DEVOTE THE RESOURCES SPECIFIED IN A PROJECT PLAN, (IV) THE FAILURE BY ANY PARTY TO COMPLY WITH THE EXPRESS LIMITED WARRANTY SET FORTH CONDITIONS SPECIFIED IN SECTION 9 ABOVETHE JOINT DEVELOPMENT PROGRAM, OR (V) ANY EVENT RELATED TO THE SOFTWARE (INCLUDING SUPPORTCONDUCT OF THE JOINT DEVELOPMENT PROGRAM. THIS LIMITATION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT BASED ON BREACH OF CONTRACT, IF ANY) IS NEGLIGENCE, OR ANY OTHER LEGAL THEORY. 10.2 EXCEPT AS OTHERWISE EXPRESSLY PROVIDED "ASIN THIS AGREEMENT OR THE EXHIBITS TO THIS AGREEMENT, LINEARX EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ANY LINEARX BACKGROUND INTELLECTUAL PROPERTY, INFORMATION OR KNOW-IS" WITHOUT WARRANTY OF HOW, AND HEREBY EXPRESSLY DISCLAIMS ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY EXPRESS OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION AND NONINFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS FOREGOING. 10.3 EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE THIS AGREEMENT OR THE RESULTS EXHIBITS TO THIS AGREEMENT, TAKIS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ANY TAKIS BACKGROUND INTELLECTUAL PROPERTY, INFORMATION OR KNOW-HOW, AND HEREBY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE USE FOREGOING. 10.4 EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR THE EXHIBITS TO THIS AGREEMENT, EVVIVAX EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ANY EVVIVAX BACKGROUND INTELLECTUAL PROPERTY, INFORMATION OR KNOW-HOW, AND HEREBY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEFOREGOING. (B) LICENSEE ACKNOWLEDGES THAT USE 10.5 EACH PARTY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING WARRANTIES OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITYMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SOFTWARE ARISING OUT OF ITS PERFORMANCE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSESATTEMPTED DEVELOPMENT PURSUANT TO THIS AGREEMENT. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONS.

Disclaimers. (A) YOUR ACCESS TO AND USE OF THE NFT AND ARTWORK, AND ANY ASSOCIATED CONTENT, INCLUDING THE CREATION AND EXPLOITATION OF MODELS OR DERIVATIVES, IS AT YOUR OWN RISK. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 9 ABOVEHEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE ARTIST AND ARSNL, AND EACH OF ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, LICENSORS AND EQUITYHOLDERS (INCLUDING SUPPORT, IF ANYTHE “ARSNL ENTITIES”) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEINCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED , TITLE AND NON-INFRINGEMENT IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTSNFTS, ARTWORK, MODELS AND ASSOCIATED CONTENT. THE ARSNL ENTITIES MAKE NO WARRANTY OR THAT REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESSCOMPLETENESS, ACCURACY, RELIABILITYAVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR OTHERWISE. RELIABILITY OF THE NFTS, ARTWORK, MODELS AND ASSOCIATED CONTENT; (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION OPERATION OR COMPATIBILITY WITH ANY OTHER FUNCTIONALITYAPPLICATION OR ANY PARTICULAR SYSTEM, SOFTWARE DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES MARKETPLACE; AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) WHETHER THE SOFTWARE IS NOT DESIGNED NFTS, ARTWORK, MODELS AND ASSOCIATED CONTENT WILL MEET YOUR REQUIREMENTS OR INTENDED TO BE FAILAVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-SAFEFREE BASIS; AND (D) THE DELETION OF, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO STORE OR TRANSMIT THE OPERATOR. LICENSEE AGREESNFTS, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK ARTWORK AND LIABILITY OF ANY CRITICAL APPLICATIONSASSOCIATED CONTENT.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX DEEPHI AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DEEPHI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DEEPHI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- LIFE-SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONS.

Disclaimers. (Aa) EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 9 ABOVETHIS AGREEMENT OR IN THE CLOSING DOCUMENTS, IT IS UNDERSTOOD AND AGREED THAT NEITHER SELLER NOR THE SOFTWARE (INCLUDING SUPPORTSELLER PARTIES HAVE AT ANY TIME MADE AND ARE NOT NOW MAKING, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY AND THEY SPECIFICALLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSKIND OR CHARACTER, EXPRESS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISEWITH RESPECT TO THE PROPERTY, INCLUDING WITHOUT LIMITATIONINCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF OR REPRESENTATIONS AS TO (I) HABITABILITY, (II) MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND (III) FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED , (IV) TITLE (OTHER THAN SELLER’S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTSDEED AND AS OTHERWISE SET FORTH HEREIN), (V) ZONING, (VI) TAX CONSEQUENCES, (VII) LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, (VIII) GEOLOGICAL CONDITIONS, INCLUDING, WITHOUT LIMITATION, SUBSIDENCE, SUBSURFACE CONDITIONS, WATER TABLE, UNDERGROUND WATER RESERVOIRS, LIMITATIONS REGARDING THE WITHDRAWAL OF WATER, AND GEOLOGIC FAULTS AND THE RESULTING DAMAGE OF PAST AND/OR FUTURE FAULTING, (IX) USAGES OF ADJOINING PROPERTY, (X) ACCESS TO THE LAND OR IMPROVEMENTS OR ANY PORTION THEREOF, (XI) THE EXISTENCE OR NON-EXISTENCE OF UNDERGROUND STORAGE TANKS, SURFACE IMPOUNDMENTS, OR THAT LANDFILLS (EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT), (XII) ANY OTHER MATTER AFFECTING THE OPERATION STABILITY AND INTEGRITY OF THE SOFTWARE WILL BE UNINTERRUPTED LAND OR ERROR FREEIMPROVEMENTS, (XIII) THE POTENTIAL FOR FURTHER DEVELOPMENT OF THE LAND OR IMPROVEMENTS, (XIV) UTILITIES, (XV) OPERATING HISTORY OR PROJECTIONS, (XVI) VALUATION, (XVII) GOVERNMENTAL APPROVALS, (XVIII) THE COMPLIANCE OF THE PROPERTY WITH LAWS, (XIX) THE TRUTH, ACCURACY OR COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF SELLER TO PURCHASER, (XX) THE MAINTENANCE, REPAIR, CONDITION OR DESIGN OF THE PROPERTY, (XXI) ANY MATTER REGARDING TERMITES, OR THAT (XXII) ANY OTHER MATTER OR THING REGARDING THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEPROPERTY. (Bb) LICENSEE EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE CLOSING DOCUMENTS, PURCHASER ACKNOWLEDGES AND AGREES THAT 27 DOCSBHM\2172820\7 NAI-1502721402v4 UPON CLOSING, SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY AND RESPONSIBILITY AND LIABILITY FOR THE PROPERTY IN ITS “AS IS,” “WHERE IS” CONDITION “WITH ALL DEFECTS” AND “WITH ALL FAULTS,” WHETHER ANY CONDITION OR FAULT EXISTED PRIOR TO THE CLOSING. PURCHASER ACKNOWLEDGES THAT USE IT WILL BE ACQUIRING THE PROPERTY ON THE BASIS OF ITS OWN INVESTIGATIONS. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR IN THE CLOSING DOCUMENTS, PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESSED OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE SOFTWARE PROPERTY, OR ANY REAL ESTATE BROKER, AGENT OR THIRD PARTY REPRESENTING OR PURPORTING TO REPRESENT SELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN COMBINATION WITH OTHER FUNCTIONALITYWRITING, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSESUNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. (Cc) PURCHASER REPRESENTS THAT IT IS A KNOWLEDGEABLE, EXPERIENCED AND SOPHISTICATED PURCHASER OF REAL ESTATE AND THAT IT IS RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF PURCHASER’S CONSULTANTS AND PURCHASER PARTIES IN PURCHASING THE SOFTWARE IS PROPERTY AND SHALL MAKE AN INDEPENDENT VERIFICATION OF THE ACCURACY OF ANY DOCUMENTS AND INFORMATION PROVIDED BY SELLER. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT DESIGNED LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR INTENDED NONEXISTENCE OR CURATIVE ACTION TO BE FAIL-SAFETAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR FOR USE ON BEHALF OF SELLER OR SELLER PARTIES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE CLOSING DOCUMENTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, UPON CLOSING, PURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS; AND, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER, SELLER PARTIES, SELLER’S AFFILIATED ENTITIES (INCLUDING WITHOUT LIMITATION THE PROPERTY MANAGER AND GENERAL CONTRACTOR) AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, 28 DOCSBHM\2172820\7 NAI-1502721402v4 EMPLOYEES AND AGENTS 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 EXPENSES) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST ANY SELLER PARTY OR PARTIES AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING, WITHOUT LIMITATION, ANY ENVIRONMENTAL LAWS) AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. (d) PURCHASER HEREBY REPRESENTS AND WARRANTS TO SELLER THAT: (I) PURCHASER IS REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT; AND (II) PURCHASER IS PURCHASING THE PROPERTY FOR BUSINESS, COMMERCIAL, INVESTMENT OR OTHER SIMILAR PURPOSE AND NOT FOR USE AS PURCHASER’S RESIDENCE. EACH OF SELLER AND PURCHASER HEREBY WAIVES ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCEAND ALL RIGHTS OR REMEDIES IT MAY HAVE OR BE ENTITLED TO, SUCH AS DERIVING FROM DISPARITY IN LIFE- SUPPORT SIZE OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED FROM ANY SIGNIFICANT DISPARATE BARGAINING POSITION IN RELATION TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSOTHER.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE 14.1 EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL INTELLECTUAL PROPERTY AND ANY OTHER INFORMATION OR MATERIALS LICENSED OR PROVIDED HEREUNDER (INCLUDING SUPPORTTHE POINT SOURCE INTELLECTUAL PROPERTY, IF ANYPOINTSOURCE TECHNOLOGY AND TANGIBLE PROPERTY) IS ARE LICENSED OR PROVIDED ON AN "AS-AS IS" WITHOUT WARRANTY OF "WHERE IS" BASIS AND THAT POINTSOURCE DOES NOT MAKE ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS OR EXTEND ANY WARRANTIES AND CONDITIONSWHATSOEVER, EXPRESS, IMPLIEDIMPLIED OR STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT THERETO INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT , TITLE, ENFORCEABILITY OR NON-INFRINGEMENT. 14.2 TO THE FUNCTIONS CONTAINED MAXIMUM ALLOWED BY APPLICABLE LAW, IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTSNO EVENT SHALL POINTSOURCE BE LIABLE FOR ANY LOSS, INABILITY TO USE, INTERRUPTION OF BUSINESS, OR THAT THE OPERATION ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) ARISING OUT OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREELICENSED TECHNOLOGY, THE LICENSED PRODUCTS, THE TANGIBLE PROPERTY, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMOREOTHERWISE UNDER THIS AGREEMENT, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS REGARDLESS OF THE USE FORM OF THE SOFTWARE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING SUPPORTNEGLIGENCE), IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITYSTRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF POINTSOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. 14.3 TO THE MAXIMUM EXTENT PERMITTED BY ALLOWED UNDER APPLICABLE LAW, LICENSEE ASSUMES IN NO EVENT SHALL POINTSOURCE'S AGGREGATE LIABILITY TO JMAR, OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS LICENSE AGREEMENT, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE SOLE RISK AND LIABILITY AMOUNTS PAID BY JMAR TO POINTSOURCE HEREUNDER PRIOR TO THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY CRITICAL APPLICATIONSLIMITED REMEDY PROVIDED HEREIN.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH AS EXPLICITLY PROVIDED IN SECTION 9 12 ABOVE, VERTAFORE MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE SOFTWARE (INCLUDING SUPPORTVERTAFORE SOLUTIONS OR THE SERVICES, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, WHETHER EXPRESS OR IMPLIED, STATUTORY ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF DESIGN, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. XILINX DOES VERTAFORE AND ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT THE FUNCTIONS CONTAINED IN VERTAFORE SOLUTIONS AND/OR THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL SERVICES PROVIDED HEREUNDER SHALL BE UNINTERRUPTED OR ERROR ERROR-FREE. FURTHER: (I) BECAUSE VERTAFORE IS NOT THE ORIGINAL MANUFACTURER OF THE EQUIPMENT OR THIRD PARTY SOFTWARE OR THIRD PARTY CONTENT; AND (II) IF CUSTOMER IS AN AUTHORIZED ONLINE SERVICES LICENSEE, OR THAT THE DEFECTS IN EQUIPMENT, NETWORKING AND TELECOMMUNICATIONS INFRASTRUCTURE USED BY CUSTOMER TO ACCESS THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX VERTAFORE SOLUTION IS THE SOLE RESPONSIBILITY OF CUSTOMER; VERTAFORE DOES NOT WARRANT PROVIDE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR MAKE ANY REPRESENTATIONS REGARDING USE IMPLIED, AND ALL OBLIGATIONS OR THE RESULTS LIABILITIES FOR DAMAGES ARISING OUT OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCETHE USE, SUCH AS IN LIFE- SUPPORT MAINTENANCE OR SAFETY DEVICES OR SYSTEMSPERFORMANCE OF THE EQUIPMENT, CLASS III MEDICAL DEVICESTHIRD PARTY SOFTWARE, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THIRD PARTY CONTENT AND THE DEPLOYMENT DELIVERY AND PERFORMANCE OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE VERTAFORE SOLUTION IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL THE ACCESS BY CUSTOMER TO THE ONLINE SERVICES. 14. LIMITATIONS OF LIABILITY. EXCEPT WITH RESPECT TO VERTAFORE’S INDEMNIFICATION OBLIGATION IN SECTION 12.4.1 AND A VEHICLE OR AIRCRAFTBREACH BY VERTAFORE OF SECTION 11.2, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (VERTAFORE’S AGGREGATE, CUMULATIVE LIABILITY IN CONNECTION WITH ALL AGREEMENTS, THE VERTAFORE SOLUTIONS AND ALL SERVICES PERFORMED SHALL BE CAPPED AT THE AMOUNT EQUAL TO THE FEES ACTUALLY RECEIVED BY VERTAFORE FROM CUSTOMER UNDER THE ORDER FROM WHICH DOES NOT INCLUDE USE OF SOFTWARE THE EVENT CAUSING LIABILITY ARISES IN THE XILINX DEVICE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL VERTAFORE BE LIABLE TO IMPLEMENT CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR LOST DATA. THE REDUNDANCY) LIMITATIONS AND A WARNING SIGNAL UPON FAILURE EXCLUSIONS SET FORTH IN THIS SECTION 14 APPLY TO ALL CLAIMS OR CAUSES OF ACTION ON WHATEVER BASIS AND UNDER WHATEVER THEORY BROUGHT AND IRRESPECTIVE OF WHETHER THE OPERATOR. LICENSEE AGREES, PRIOR TO USING PARTY HAS ADVISED OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE HAS BEEN ADVISED OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION POSSIBILITY OF SUCH CLAIM. ALL CLAIMS AND CAUSES OF ACTION BROUGHT BY CUSTOMER HEREUNDER SHALL BE BROUGHT WITHIN ONE (1) YEAR OF THE SOFTWARETERMINATION OR EXPIRATION HEREOF OR WITHIN SIX MONTHS OF THE DATE THE HARM IS ACTUALLY DISCOVERED, TO THOROUGHLY TEST WHICHEVER OCCURS FIRST. THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIMITATIONS OF DAMAGES OR LIABILITY OF ANY CRITICAL APPLICATIONS.ARE IMPORTANT ELEMENTS OF

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX 6.2 AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH THE SOFTWARE, SUBSCRIPTION SERVICES, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED HERETO INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SYSTEM INTEGRATION, AND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARIADB DOES NOT WARRANT RESULTS OR THAT ANY SOFTWARE, SERVICES OR WORK PRODUCT WILL BE FREE FROM ERRORS, DEFECTS OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RISK RESPONSIBILITY AT ALL TIMES TO PROTECT AND LIABILITY MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY CRITICAL APPLICATIONSAND ALL CUSTOMER DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SYSTEMS OF CUSTOMER.

Disclaimers. (A) 11.7.1 EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 9 ABOVESECTIONS 11.1 AND 11.2, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY NEITHER IMMUNEXT NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY INCLUDING ANY EXPRESS OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO ANY IMMUNEXT CONFIDENTIAL INFORMATION, IMMUNEXT PATENTS, IMMUNEXT KNOW-HOW OR ANY LICENSE GRANTED BY IMMUNEXT HEREUNDER, OR WITH RESPECT TO THE PRODUCTS. XILINX DOES NOT WARRANT EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 11.1 AND 11.2, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION OR WARRANTY THAT THE FUNCTIONS CONTAINED ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, IMMUNEXT PATENTS ARE VALID OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED ENFORCEABLE OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH IMMUNEXT TECHNOLOGY CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENTS OR OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSESPARTY. (C) THE SOFTWARE IS NOT DESIGNED 11.7.2 EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 11.1 AND 11.3, CURIS MAKES NO REPRESENTATIONS OR INTENDED WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, CURIS CONFIDENTIAL INFORMATION OR ANY LICENSE GRANTED BY CURIS HEREUNDER. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION OR WARRANTY THAT ANY PATENT OR OTHER APPLICATIONS PROPRIETARY RIGHTS OF CURIS ARE VALID OR ENFORCEABLE OR THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE THE USE OF ANY CURIS INTELLECTUAL PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH CURIS CONFIDENTIAL INFORMATION DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING INFRINGE ANY PATENTS OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY CRITICAL APPLICATIONSTHIRD PARTY.

Disclaimers. (A) EXCEPT FOR 6.1 EACH EARLY CUSTOMER ENGAGEMENT PROGRAM IS PROVIDED FREE OF CHARGE, AS A PRE-RELEASE SERVICE, AND IS NOT AT THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVELEVEL OF PERFORMANCE OR COMPATIBILITY OF THE FINAL, GENERALLY AVAILABLE CELONIS PRODUCTS. THEREFORE, THE SOFTWARE (INCLUDING SUPPORT, IF ANYEARLY CUSTOMER ENGAGEMENT PROGRAM(S) MAY NOT OPERATE CORRECTLY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO IT BEING MADE GENERALLY COMMERCIALLY AVAILABLE OR WITHDRAWN ALTOGETHER.‌ 6.2 EACH EARLY CUSTOMER ENGAGEMENT PROGRAM IS PROVIDED "AS-AS IS" AND WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY TERMS IMPLIED BY STATUTE OR COMMON LAW REGARDING QUALITY, FITNESS, MAINTENANCE, OR USE, ARE HEREBY DISCLAIMED AND EXCLUDED TO THE EXTENT NOT EXPRESSLY PROHIBITED BY APPLICABLE LAW. XILINX DUE TO THE NATURE OF THE PRE-RELEASE AI FEATURES, WE DO NOT REPRESENT OR WARRANT THAT: (A) ANY AI OUTPUT DOES NOT WARRANT THAT INCORPORATE OR REFLECT THIRD-PARTY CONTENT OR MATERIALS OR (B) ANY AI OUTPUT WILL NOT INFRINGE THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. 6.3 THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) ANY EARLY CUSTOMER ENGAGEMENT PROGRAM REMAINS WITH YOU. IN TERMS NO EVENT SHALL CELONIS OR ANY OF CORRECTNESS, ACCURACY, RELIABILITY, ITS AFFILIATES OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT SUBSIDIARIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND ARISING FROM USE OF THE SOFTWARE EARLY CUSTOMER ENGAGEMENT PROGRAM(S), WHETHER RESULTING FROM A TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHER FORM OF ACTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OF ANY KIND ARISING IN COMBINATION WITH OTHER FUNCTIONALITYANY WAY OUT OF THIS AGREEMENT, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE EVEN IF ADVISED OF THE SOFTWARE OR POSSIBILITY OF SUCH DAMAGE. THE PARTIES AGREE THAT INCORPORATE ANY PORTION THE FOREGOING LIMITATION OF THE SOFTWARE, LIABILITY IS MATERIAL TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSTHIS AGREEMENT.

Disclaimers. (A) EXCEPT CUSTOMER UNDERSTANDS AND AGREES THAT THE FOLLOWING LIMITATIONS ARE AN ESSENTIAL PART OF THE CONSIDERATION TO ITC FOR ENTERING INTO THIS AGREEMENT. THE LIMITATIONS ARE SPECIFICALLY DESIGNED AND AGREED TO BY THE PARTIES TO ALLOCATE AND LIMIT RISKS BETWEEN THE PARTIES IN LIGHT OF THE PRICES CHARGED AND THE OTHER BUSINESS TERMS OF THIS AGREEMENT. ITC PREPARES THE INFORMATION REPORTS AND PRODUCTS PROVIDED UNDER THIS SERVICE FROM INFORMATION SUPPLIED BY VARIOUS STATE AGENCIES AND OTHER SERVICE BUREAUS. ALTHOUGH EVERY REASONABLE EFFORT IS MADE TO ENSURE THE ACCURACY OF THE DATA, THE INFORMATION REPORTS AND OTHER PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND NEITHER ITC NOR ITS SERVICE BUREAUS IN ANY WAY WARRANTS OR ASSUMES ANY LIABILITY FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVEACCURACY, THE SOFTWARE (INCLUDING SUPPORTTIMELINESS, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND/OR COMPLETENESS OF ANY KINDINFORMATION REPORT OR PRODUCT PROVIDED UNDER THIS AGREEMENT. XILINX AND NEITHER ITC NOR ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSSERVICE BUREAUS ASSUMES RESPONSIBILITY FOR CHARGES INCURRED, EXPRESSLOST REVENUE, IMPLIEDNOR INCIDENTAL, STATUTORY SPECIAL, PUNITIVE OR OTHERWISECONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE WHATSOEVER, INCLUDING WITHOUT BUT NOT IN LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITYERRORS IN CUSTOMER INPUT, NON-INFRINGEMENT OF THIRD PARTY RIGHTSDUPLICATE REQUESTS, AND FITNESS FOR A PARTICULAR PURPOSEERRORS IN TRANSMISSION, PROGRAM OR EQUIPMENT FAILURES, COMMUNICATION PROBLEMS, PROCESS DELAYS, OR SCHEDULE CHANGES. XILINX DOES NOT WARRANT THAT IN NO EVENT SHALL ITC's OR THE FUNCTIONS CONTAINED SERVICE BUREAU's LIABILITY EXCEED THE CHARGES ACTUALLY PAID TO ITC BY CUSTOMER IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE THREE (INCLUDING SUPPORT, IF ANY3) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEMONTHS IMMEDIATELY PRECEDING AN Y SUCH CLAIM. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONS.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH AS EXPLICITLY PROVIDED IN SECTION 9 15 ABOVE, VERTAFORE MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE SOFTWARE (INCLUDING SUPPORTVERTAFORE SOLUTIONS OR THE SERVICES, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, WHETHER EXPRESS OR IMPLIED, STATUTORY ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF DESIGN, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. XILINX DOES VERTAFORE AND ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT THE FUNCTIONS CONTAINED IN VERTAFORE SOLUTIONS AND/OR THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL SERVICES PROVIDED HEREUNDER SHALL BE UNINTERRUPTED OR ERROR ERROR-FREE, OR THAT . FURTHER: (A) BECAUSE VERTAFORE IS NOT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS ORIGINAL MANUFACTURER OF THE USE OF THE EQUIPMENT OR THIRD PARTY SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THIRD PARTY CONTENT; AND (B) LICENSEE ACKNOWLEDGES THAT USE OF IF CUSTOMER IS AN AUTHORIZED ONLINE SERVICES LICENSEE, THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITYEQUIPMENT, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES NETWORKING AND LICENSEE ACCEPTS TELECOMMUNICATIONS INFRASTRUCTURE USED BY CUSTOMER TO ACCESS THE VERTAFORE SOLUTION IS THE SOLE RESPONSIBILITY OF CUSTOMER; VERTAFORE DOES NOT PROVIDE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND ALL OBLIGATIONS OR LIABILITIES FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED DAMAGES ARISING OUT OF OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCETHE USE, SUCH AS IN LIFE- SUPPORT MAINTENANCE OR SAFETY DEVICES OR SYSTEMSPERFORMANCE OF THE EQUIPMENT, CLASS III MEDICAL DEVICESTHIRD PARTY SOFTWARE, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THIRD PARTY CONTENT AND THE DEPLOYMENT DELIVERY AND PERFORMANCE OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE VERTAFORE SOLUTION IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL THE ACCESS BY CUSTOMER TO THE ONLINE SERVICES. 17. LIMITATIONS OF A VEHICLE OR AIRCRAFTLIABILITY. EXCEPT WITH RESPECT TO VERTAFORE’S INDEMNIFICATION OBLIGATION IN SECTION 15.5.1, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (VERTAFORE’S AGGREGATE, CUMULATIVE LIABILITY IN CONNECTION WITH ALL AGREEMENTS, THE VERTAFORE SOLUTIONS AND ALL SERVICES PERFORMED SHALL BE CAPPED AT THE AMOUNT EQUAL TO THE FEES ACTUALLY RECEIVED BY VERTAFORE FROM CUSTOMER UNDER THE ORDER FROM WHICH DOES NOT INCLUDE USE OF SOFTWARE THE EVENT CAUSING LIABILITY ARISES IN THE XILINX DEVICE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL VERTAFORE BE LIABLE TO IMPLEMENT CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR LOST DATA. THE REDUNDANCY) LIMITATIONS AND A WARNING SIGNAL UPON FAILURE EXCLUSIONS SET FORTH IN THIS SECTION 17 APPLY TO ALL CLAIMS OR CAUSES OF ACTION ON WHATEVER BASIS AND UNDER WHATEVER THEORY BROUGHT AND IRRESPECTIVE OF WHETHER THE OPERATOR. LICENSEE AGREES, PRIOR TO USING PARTY HAS ADVISED OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE HAS BEEN ADVISED OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION POSSIBILITY OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSSUCH CLAIM.

Disclaimers. (Aa) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVELICENSED SOFTWARE, THE SOFTWARE (INCLUDING SUPPORTVR KITS, IF ANY) IS SUPPORT SERVICES AND ANY OTHER ITEMS OR SERVICES PROVIDED "AS-HEREUNDER ARE PROVIDED “AS IS" WITHOUT WARRANTY ”, AND PRECISION EXPRESSLY EXCLUDES AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIEDIMPLIED OR STATUTORY, STATUTORY OR OTHERWISEINCLUDING, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY, NON-MERCHANTABLE QUALITY, DURABILITY, TITLE, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND OR FITNESS FOR A PARTICULAR PURPOSE. XILINX PRECISION DOES NOT WARRANT THAT THAT: (I) THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE AND VR KITS WILL MEET LICENSEE'S ’S REQUIREMENTS; (II) THE LICENSED SOFTWARE AND VR KITS WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR THAT DATA NOT PROVIDED OR APPROVED BY PRECISION WHICH LICENSEE MAY SELECT FOR USE; (III) THE OPERATION OF THE LICENSED SOFTWARE AND VR KITS WILL BE ACCURATE, COMPLETE, RELIABLE, UNINTERRUPTED OR ERROR ERROR-FREE, OR THAT THE DEFECTS ; (IV) ALL ERRORS IN THE LICENSED SOFTWARE AND VR KITS WILL BE CORRECTED; OR (V) THE LICENSED SOFTWARE AND VR KITS WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. (b) THE LICENSED SOFTWARE AND VR KITS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO BE AND SHOULD NOT BE USED FOR OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. FURTHERMORE, XILINX PRECISION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF REPRESENT THAT THE USE OF THE LICENSED SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, ON VR KITS IS APPROPRIATE OR OTHERWISESAFE FOR ANY PARTICULAR HEALTH NEEDS OR SUFFICIENT OR ADEQUATE TO PERFORM ANY PARTICULAR MEDICAL PROCEDURES. (Bc) LICENSEE ACKNOWLEDGES THAT THIS AGREEMENT SPECIFICALLY EXCLUDES LIABILITY FOR DAMAGES OR LOSS DUE TO IMPROPER, ILLEGAL, UNAUTHORIZED, DECEITFUL, OR INCORRECT USE OF THE LICENSED SOFTWARE AND VR KITS, THE ENVIRONMENT IN COMBINATION WHICH THE LICENSED SOFTWARE AND VR KITS ARE USED, THE SAFETY PRECAUTIONS THAT ARE TAKEN TO AVOID ANY INJURY TO USERS OR OTHERS WHILE USING THE LICENSED SOFTWARE AND VR KITS (INCLUDING WITHOUT LIMITATION THE SUITABILITY OF THE USE ENVIRONMENT, ANY TAMPERING, DESTROYING, MANIPULATING, OR MEDDLING WITH OTHER FUNCTIONALITY, THE LICENSED SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS VR KITS, ACTS OF GOD, OR OTHER CIRCUMSTANCES OUTSIDE THE CONTROL OF PRECISION). IT IS THE SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSESOF CUSTOMER TO ENSURE THAT ALL APPROPRIATE STEPS ARE TAKEN TO ENSURE THE SAFETY OF USERS AND OTHERS WHEN THE LICENSED SOFTWARE VR KITS ARE IN USE, INCLUDING WITHOUT LIMITATION ENSURING APPROPRIATE TRAINING, ENVIRONMENT AND ANY OTHER CONSIDERATIONS THAT MAY BE REQUIRED. (Cd) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAILCustomer acknowledges that the Licensed Software and VR Kits are not fault-SAFEtolerant and are not designed, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAILmanufactured or intended for use in or in conjunction with on-SAFE PERFORMANCEline control equipment in hazardous environments requiring fail-safe performance, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMSsuch as in the operation of nuclear facilities, CLASS III MEDICAL DEVICESaircraft navigation or communications systems, NUCLEAR FACILITIESair traffic control, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGSor direct life support machines. Precision, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATHits affiliates, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELYsuppliers, "CRITICAL APPLICATIONS"). FURTHERMOREsubcontractors and distributors specifically disclaim any express or implied representations, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSwarranties or conditions for such uses.

Disclaimers. 5.1 The express remedies in Section 4 (Aand in any SOW for custom software deliverables) constitute Customer’s exclusive remedies, and Vendor’s sole obligation and liability, for any claim (a) that the Services or deliverables do not conform to specifications or are otherwise defective, or (b) that any Services were performed improperly. 5.2 EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH WARRANTIES IN SECTION 9 ABOVE4 (AND IN ANY SOW FOR CUSTOM SOFTWARE DELIVERABLES), WHICH ARE LIMITED WARRANTIES AND THE ONLY WARRANTIES PROVIDED TO CUSTOMER, THE SERVICES AND DELIVERABLES ARE PROVIDED “AS IS,” AND VENDOR MAKES NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE DELIVERABLES OR SERVICES, OR ANY MATTER WHATSOEVER. THE PARTIES DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT. 5.3 VENDOR DOES NOT WARRANT THAT THE SERVICES OR ANY DELIVERABLES WILL MEET ANY CUSTOMER REQUIREMENTS NOT SPECIFIED IN THIS AGREEMENT OR A SOW, THAT ANY DELIVERABLES WILL OPERATE IN THE COMBINATIONS THAT CUSTOMER MAY SELECT FOR USE, THAT THE OPERATION OF ANY DELIVERABLES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. IF CUSTOMER REQUESTS THAT PRE-PRODUCTION (E.G., “ALPHA” OR “BETA”) RELEASES OF SOFTWARE (INCLUDING SUPPORTBE PROVIDED, IF ANY) IS THESE COPIES ARE PROVIDED "“AS-IS" ” WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY5.4 Except as may be done in accordance with Section 13.14, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSESno statement by any Vendor employee or agent, orally or in writing, will serve to create any warranty or obligation or to otherwise modify this Agreement. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONS.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE CONTAINER AND ITS COMPONENTS (INCLUDING SUPPORTSUPPORT AND UPDATES, IF ANY) IS ARE PROVIDED "“AS-IS" ” WITHOUT WARRANTY OF ANY KIND. XILINX GRAPHCORE AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING INCLUD- ING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX GRAPHCORE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE CONTAINER WILL MEET LICENSEE'S ’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE CONTAINER WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE ANY DEFECTS IN THE SOFTWARE CONTAINER WILL BE CORRECTED. FURTHERMORE, XILINX GRAPHCORE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE CONTAINER (INCLUDING SUPPORT, IF ANY, AND OPERATION OF THE CONTAINER WITH THE GRAPHCORE DEVICES) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE CONTAINER BY ITSELF OR IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE CONTAINER OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING COMPLYING WITH SUCH LICENSES. (C) THE SOFTWARE IS CONTAINER AND ITS COMPONENTS ARE NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR LIFE-SUPPORT, MEDICAL, SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL PER- XXXXX INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "“CRITICAL APPLICATIONS"”). FURTHERMORE, LICENSEE ACKNOWLEDGES THAT THE SOFTWARE IS CONTAINER AND ITS COMPONENTS ARE NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFTAIRCRAFT (“NAVIGATION CONTROL”), AND SHOULD NOT BE USED FOR SUCH NAVIGATION CONTROL APPLICATIONS UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE THE CONTAINER IN THE XILINX GRAPHCORE DEVICE TO IMPLEMENT IMPLE- MENT THE REDUNDANCYREDUNDANCY FEATURE) AND A WARNING SIGNAL UPON SUCH FAILURE TO THE OPERATOROPERATOR OF SUCH VEHICLE OR AIRCRAFT. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF ANY PORTIONS OF THE SOFTWARE CONTAINER OR THAT INCORPORATE ANY PORTION OF THE SOFTWARECONTAINER, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM MAX- IMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK OF AND LIABILITY OF FOR ANY CRITICAL APPLICATIONS.APPLICATIONS AND NAVIGATION CONTROL, AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS GRAPHCORE AND ITS AGENTS AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES AND EXPENSES INCLUDING ANY REASONABLE ATTORNEY FEES, ARISING FROM ACTUAL OR ALLEGED DAMAGE TO ANY PROPERTY OR PERSON CAUSED BY CRITICAL APPLICATIONS OR NAVIGATION CON- TROL. SEVEN‌

Disclaimers. (Aa) THE EXPLICIT REPRESENTATIONS AND WARRANTIES IN THIS AGREEMENT ARE THE PARTIES’ COMPLETE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH AS SPECIFIED IN SECTION 9 9.3 ABOVE, THE SOFTWARE (INCLUDING SUPPORTCYPHER LEARNING AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL OTHER REPRESENTATIONS, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY WARRANTIES AND GUARANTIES OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATIONLIMITATION WITH RESPECT TO TITLE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND OR FITNESS FOR A ANY PARTICULAR PURPOSEPURPOSE OF THE CYPHER LEARNING TECHNOLOGY AND ANY OTHER PRODUCT OR SERVICES FURNISHED UNDER THIS AGREEMENT. XILINX WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CYPHER LEARNING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED PLATFORM IS ERROR- FREE OR THAT THE PLATFORM OR THE SERVICES WILL OPERATE WITHOUT INTERRUPTION AND CYPHER LEARNING GRANTS NO WARRANTY REGARDING THE USE BY CUSTOMER OF THE PLATFORM OR SERVICES. THE CYPHER LEARNING TECHNOLOGY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE SOFTWARE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. CYPHER LEARNING IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS, INCLUDING LOSS OF DATA. (b) THE AI TOOLS ARE INTENDED AS AN OUTPUT GENERATION TOOL ONLY AND DOES NOT CONSTITUTE ANY WARRANTY OR GUARANTEE THAT THE OUTPUT WILL MEET LICENSEE'S REQUIREMENTSPROVIDE ACCURATE, TAILORED OR INFORMATIVE RESULTS OR BE FIT FOR THE PARTICULAR PURPOSE OR USE CASE. CYPHER LEARNING DOES NOT REPRESENT OR WARRANT THAT THE CUSTOMER IS THE LEGAL OWNER OF THE OUTPUT, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED INPUT OR ERROR FREEOUTPUT ARE PROTECTABLE BY ANY INTELLECTUAL PROPERTY RIGHTS, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX OUTPUT DOES NOT WARRANT INCORPORATE, INFRINGE OR MAKE MISAPPROPRIATE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY REPRESENTATIONS REGARDING USE OR THIRD PARTY. CUSTOMER ACKNOWLEDGES THAT THE RESULTS AI TOOLS LEVERAGE THIRD PARTY AI SERVICES AND THAT CYPHER LEARNING IS NOT LIABLE, AND CUSTOMER AGREES NOT TO SEEK TO HOLD CYPHER LEARNING LIABLE, FOR THIRD PARTY AI SERVICES, AND THAT THE RISK OF THE INJURY FROM SUCH THIRD PARTY SERVICES RESTS ENTIRELY WITH CUSTOMER. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR CUSTOMER’S USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS AI TOOLS AND ANY OUTPUT RESULTING THEREFROM. CUSTOMER SHOULD EVALUATE THE FITNESS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEANY OUTPUT AS APPROPRIATE FOR CUSTOMER’S SPECIFIC USE CASE. (Bc) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION FROM TIME TO TIME, CYPHER LEARNING MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH OTHER FUNCTIONALITYWHICH CUSTOMER MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES PROVIDED “AS IS” AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH WITHOUT ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY WARRANTY OF ANY CRITICAL APPLICATIONSKIND, AND MAY BE MODIFIED OR DISCONTINUED AT CYPHER LEARNING’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX 6.2 AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SUPPORT, SOFTWARE, ENTERPRISE BENEFITS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND CUSTOMER EXPRESSLY WAIVES, ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED HERETO INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SYSTEM INTEGRATION, AND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARIADB DOES NOT WARRANT RESULTS OR THAT ANY SUPPORT, SUPPORTEDSOFTWARE, OTHER SERVICES OR WORK PRODUCT WILL BE FREE FROM ERRORS, DEFECTS OR BUGS. . CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RISK RESPONSIBILITY AT ALL TIMES TO PROTECT AND LIABILITY MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY CRITICAL APPLICATIONSAND ALL CUSTOMER DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SYSTEMS OF CUSTOMER.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. 5.4.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW AND EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, LICENSEE ASSUMES HICARE PROVIDES THE SOLE RISK SERVICES ON AN “AS-IS” AND LIABILITY “AS AVAILABLE” BASIS. HICARE DISCLAIMS AND MAKES NO OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY CRITICAL APPLICATIONSKIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING REPRESENTATIONS, GUARANTEES, CONDITIONS OR WARRANTIES OF MERCHANTABILITY, TITLE, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR IMPLIED BY THE PROVISIONS OF ANY LAWS THAT BY THEIR TERMS CAN BE DISCLAIMED (SUCH AS THE UNIFORM COMMERCIAL CODE OR THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT). IF SUCH PROVISIONS CANNOT BE EXCLUDED AND DISCLAIMED, THEN THE PROVISIONS OF THIS AGREEMENT WILL CONTROL TO THE MAXIMUM EXTENT PERMITTED. WITHOUT ANY LIMITATION, HICARE HEREBY DISCLAIMS THAT (A) THAT ANY CONTENT, PRODUCT OR SERVICES WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, FREE OF VIRUSES, ERROR FREE, OR THAT ANY ERROR CAN BE CORRECTED, OR (B) THAT ANY PRODUCTS OR SERVICES COMPLY WITH APPLICABLE LAWS.. 5.4.2 FROM TIME TO TIME, CLIENT MAY REQUEST THE ADDITION OF CERTAIN CODE AND/OR FUNCTIONALITIES TO BE ADDED TO THE SYSTEM. HICARE SHALL NOT BE RESPONSIBLE FOR ENSURING THAT THE REQUESTED CODE AND/OR FUNCTIONALITIES COMPLY(IES) WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS PERTAINING TO CLIENT’S BUSINESS. CLIENT HEREBY ACKNOWLEDGES AND AGREES THAT CLIENT ALONE SHALL BE RESPONSIBLE FOR ENSURING THAT THE SERVICE OFFERINGS, EVEN IF SUPPORTED BY XXXXXX, COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Disclaimers. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT: (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVESOFTWARE, THE SOFTWARE (INCLUDING SUPPORTSERVICES, IF ANY) IS AND RESULTS ARE PROVIDED "“AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS” AND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE CDCB AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SUBCONTRACTORS AND AGENTS (“CDCB PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, SERVICES, AND RESULTS OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT AND ACCURACY; (B) NEITHER CDCB NOR ANY CDCB PARTY WARRANTS THAT THE SOFTWARE, SERVICES, OR RESULTS ARE OR WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS; (C) RESEARCH RECIPIENT ASSUMES THE SOLE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF CDCB’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) EACH OF CDCB AND THE CDCB PARTIES DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY RESEARCH RECIPIENT FROM ACCESSING AND/OR USING THE SOFTWARE AND/OR SERVICES OR OTHERWISE RESULTING FROM THIS AGREEMENT, AND (E) USE OF THE SOFTWARE, SERVICES AND RESULTS IS ENTIRELY AT RESEARCH RECIPIENT’S OWN RISK AND CDCB AND EACH OF THE CDCB PARTIES SHALL HAVE NO LIABILITY OF ANY CRITICAL APPLICATIONSOR RESPONSIBILITY THEREFOR.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH AND AS MAY BE EXPRESSLY STATED OTHERWISE IN SECTION 9 ABOVETHIS AGREEMENT, THE SOFTWARE PLATFORM, SERVICES, OUTPUT, AS WELL AS ANY OTHER GOODS AND SERVICES PROVIDED OR MADE AVAILABLE BY COMPANY OR ITS AFFILIATES HEREUNDER (COLLECTIVELY, THE "COMPANY MATERIALS") ARE PROVIDED AND MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL DEFECTS, AND CUSTOMER'S ACCESS AND USE OF THE COMPANY MATERIALS IS AT CUSTOMER'S SOLE RISK. ANY AND ALL EXPRESS, IMPLIED AND STATUTORY CONDITIONS AND WARRANTIES (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTSSATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, TITLE, QUIET POSSESSION, NON- INFRINGEMENT, OR QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE) ARE HEREBY DISCLAIMED BY COMPANY AND ITS LICENSORS. COMPANY DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, TIMELINESS, COMPLETENESS, OR QUALITY OF COMPANY MATERIALS; (B) THAT CUSTOMER'S USE OF COMPANY MATERIALS WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (C) REGARDING THE OPERATION OF ANY CELLULAR NETWORKS, THE SOFTWARE WILL BE UNINTERRUPTED PASSING OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE TRANSMISSION OF DATA VIA ANY REPRESENTATIONS REGARDING USE NETWORKS OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGSCLOUD, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATHCELLULAR OR DATA CONNECTIVITY PROBLEMS; OR (D) REGARDING THE SATISFACTION OF, PERSONAL INJURY OR SEVERE PROPERTY COMPLIANCE WITH, ANY LAWS, REGULATIONS, OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELYOTHER GOVERNMENT OR INDUSTRY RULES OR STANDARDS. COMPANY WILL NOT BE LIABLE OR OBLIGATED IN RESPECT OF DELAYS, "CRITICAL APPLICATIONS"). FURTHERMOREINTERRUPTIONS, THE SOFTWARE IS NOT DESIGNED SERVICE FAILURES OR INTENDED FOR USE OTHER PROBLEMS INHERENT IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE INTERNET AND ELECTRONIC COMMUNICATIONS OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, FOR ISSUES RELATED TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSHOSTING PROVIDERS OR PUBLIC NETWORKS.

Disclaimers. (A) 8.7.1 EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 9 ABOVETHIS AGREEMENT, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OREXIGEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY INCLUDING ANY EXPRESS OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE OREXIGEN INTELLECTUAL PROPERTY, ANY OREXIGEN CONFIDENTIAL INFORMATION OR ANY LICENSE GRANTED BY OREXIGEN UNDER ITS INTELLECTUAL PROPERTY RIGHTS HEREUNDER, OR WITH RESPECT TO ANY PRODUCTS. XILINX DOES NOT WARRANT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, OREXIGEN MAKES NO REPRESENTATIONS OR WARRANTY THAT THE FUNCTIONS CONTAINED ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OREXIGEN PATENTS ARE VALID OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED ENFORCEABLE OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE OREXIGEN INTELLECTUAL PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH CONTEMPLATED HEREUNDER DOES NOT INCLUDE USE INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF SOFTWARE ANY THIRD PARTY. EXCEPT AS EXPRESSLY SET FORTH IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND THIS AGREEMENT NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING REPRESENTATION OR DISTRIBUTING ANY SYSTEMS WARRANTY THAT WERE DEVELOPED BY USE OF THE SOFTWARE OREXIGEN CONFIDENTIAL INFORMATION CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 8.7.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TAKEDA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE TAKEDA INTELLECTUAL PROPERTY ANY TAKEDA CONFIDENTIAL INFORMATION OR ANY LICENSE GRANTED BY TAKEDA UNDER ITS INTELLECTUAL PROPERTY RIGHTS HEREUNDER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TAKEDA MAKES NO REPRESENTATIONS OR WARRANTY THAT ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE TAKEDA PATENTS ARE VALID OR ENFORCEABLE OR THAT INCORPORATE ANY PORTION USE OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY TAKEDA INTELLECTUAL PROPERTY CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY CRITICAL APPLICATIONSTHIRD PARTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION OR WARRANTY THAT USE OF THE TAKEDA CONFIDENTIAL INFORMATION CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH WARRANTIES ABOVE ARE EXCLUSIVE AND IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY LIEU OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EXPRESS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW. XILINX LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE RENTALPOINT SOFTWARE SYSTEM WILL MEET THE LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE RENTALPOINT SOFTWARE SYSTEM WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, OR THAT ALL PROGRAM ERRORS OF THE DEFECTS IN THE RENTALPOINT SOFTWARE SYTEM WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS LICENSEE ACKNOWLEDGES THAT THE CONDITIONS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORTARE OUTSIDE THE CONTROL OF LICENSOR AND THAT LICENSOR'S LIABILITY FOR DAMAGES, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE REGARDLESS OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITYFORM OF ACTION, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO SHALL BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED LIMITED TO THE DEPLOYMENT AMOUNTS PAID FOR THE LICENSE OR IN THE CASE OF AIRBAGSDEFECTIVE MEDIA REPLACEMENT OF THE DEFECTIVE MEDIA UPON PROOF OF PURCHASE AND RETURN OF DEFECTIVE MEDIA. LICENSOR'S LIABILITY FOR NEGLIGENT ACTS OR OMISSIONS OR BREACHES OF STATUTORY DUTY SHALL NOT EXTEND TO LOSSES CONSEQUENT UPON INTERRUPTION OF BUSINESS, LOST PROFITS OR ANY OTHER APPLICATIONS THAT COULD LEAD CONSEQUENTIAL OR INCIDENTAL DAMAGES OF WHATEVER NATURE, BUT NOTHING CONTAINED HEREIN SHALL OPERATE TO DEATH, EXCLUDE OR RESTRICT LIABILITY FOR DEATH OR PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED CAUSED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONSLICENSOR'S NEGLIGENCE.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. XILINX 6.2 AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH THE SOFTWARE, SUBSCRIPTION SERVICES, ENTERPRISE BENEFITS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED HERETO INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SYSTEM INTEGRATION, AND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARIADB DOES NOT WARRANT RESULTS OR THAT ANY SOFTWARE, SUBSCRIPTION SERVICES OR WORK PRODUCT WILL BE FREE FROM ERRORS, DEFECTS OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RISK RESPONSIBILITY AT ALL TIMES TO PROTECT AND LIABILITY MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY CRITICAL APPLICATIONSAND ALL CUSTOMER DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SYSTEMS OF CUSTOMER.

Disclaimers. (A) EXCEPT FOR 10.1. WITHOUT PREJUDICE TO ANY WARRANTIES GIVEN BY VQ IN THE EXPRESS LIMITED WARRANTY SET FORTH MAIN AGREEMENT, NO WARRANTIES ARE GIVEN IN SECTION 9 ABOVE, RELATION TO THIS LICENSE AND THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-‘AS IS" WITHOUT WARRANTY OF ANY KIND’. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSIN PARTICULAR, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XILINX VQ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, OR AND THE LICENSEE ACCEPTS THAT: (A) THE LICENSEE’S (AND ITS USERS’) ABILITY TO USE THE SOFTWARE IN AN EMERGENCY AND THEIR PRIORITY TREATMENT CANNOT BE GUARANTEED; AND (B) THE LICENSEE ACKNOWLEDGES THAT THE DEFECTS IN SOFTWARE MAY SOMETIMES BE LIMITED, UNAVAILABLE OR INTERRUPTED. 10.2. ALL OTHER CONDITIONS, WARRANTIES OR OTHER TERMS WHICH MIGHT HAVE EFFECT BETWEEN THE SOFTWARE WILL PARTIES OR BE CORRECTED. FURTHERMOREIMPLIED OR INCORPORATED INTO THIS LICENSE WHETHER BY STATUTE, XILINX DOES NOT WARRANT COMMON LAW OR MAKE ANY REPRESENTATIONS REGARDING USE OTHERWISE ARE HEREBY EXCLUDED, INCLUDING THE IMPLIED CONDITIONS, WARRANTIES OR THE RESULTS OF OTHER TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISEREASONABLE SKILL AND CARE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONS.

Disclaimers. (A) EXCEPT FOR THE EXPRESS LIMITED WARRANTY WARRANTIES SET FORTH IN SECTION 9 ABOVE, THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IS PROVIDED "AS-IS" WITHOUT WARRANTY SECTIONS 9.1 AND 9.3 ARE YOUR EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ANY KIND. XILINX AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EXPRESS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEAND LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTSQUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF STATUTORY NON-INFRINGEMENT. XILINX NO THIRD PARTY, INCLUDING AGENTS, DISTRIBUTORS, OR AUTHORIZED LICENSOR RESELLERS IS AUTHORIZED TO MODIFY ANY OF THE ABOVE WARRANTIES OR MAKE ANY ADDITIONAL WARRANTIES ON BEHALF OF LICENSOR.. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL SHALL MEET LICENSEE'S REQUIREMENTS, YOUR REQUIREMENTS OR THAT THE OPERATION USE OF THE SOFTWARE WILL SHALL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THAT SO THE DEFECTS ABOVE EXCLUSION MAY NOT APPLY TO YOU. ANY IMPLIED WARRANTIES ARE LIMITED IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, XILINX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE (INCLUDING SUPPORT, IF ANY) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. (B) LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. (C) THE SOFTWARE IS NOT DESIGNED OR INTENDED DURATION TO BE FAIL-SAFE, OR FOR USE IN CONNECTION WITH ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE- SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT, UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE (WHICH DOES NOT INCLUDE USE OF SOFTWARE IN THE XILINX DEVICE TO IMPLEMENT THE REDUNDANCY) AND A WARNING SIGNAL UPON FAILURE TO THE OPERATOR. LICENSEE AGREES, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT WERE DEVELOPED BY USE OF THE SOFTWARE OR THAT INCORPORATE ANY PORTION OF THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND LIABILITY OF ANY CRITICAL APPLICATIONS.NINETY