Common use of Disclaimers Clause in Contracts

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS.

Disclaimers. NEITHER PEMBROKE NOR ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESKIND, ORAL OR WRITTEN, EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLEBY DESCRIPTION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, SAMPLE OR OTHERWISE, INCLUDINGAND IN PARTICULAR AND WITHOUT LIMITATION, BUT NOT LIMITED TO, THE MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, INFRINGEMENT OF THIRD-PARTY RIGHTS OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTSCODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR MEET PURCHASER’S REQUIREMENTSIN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOU.

Disclaimers. NEITHER PEMBROKE NOR EXCEPT AS EXPRESSLY STATED IN SECTION 11, CLINISYNC AND ALL OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS DATA OR WARRANTIESTECHNOLOGY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED PROVIDED “AS IS” AND “WITH ALL FAULTS.AS AVAILABLE,” PEMBROKE MAKES NO WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING CLINISYNC AND DISCLAIMS OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, ALL REPRESENTATIONS DATA AND WARRANTIESTECHNOLOGY, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, COMPANY DOES NOT WARRANT THAT CLINISYNC OR THAT THE REPORT OTHER SERVICES WILL MEET PARTICIPANT’S EXPECTATIONS OR BE TIMELY, SECURE, UNINTERRUPTED ACCURATE OR ERROR-FREE, FREE FROM VIRUSES UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE OR SYSTEM. COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY PROBLEMS WITH CLINISYNC OR OTHER HARMFUL COMPONENTS, SERVICES ATTRIBUTABLE TO THE INTERNET OR MEET PURCHASERPARTICIPANT’S REQUIREMENTSOR ANY USER’S NETWORK OR ABILITY TO ACCESS THE INTERNET.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE “HP Partner Link” PROGRAM IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “PROVIDED "AS IS” " AND “"WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS " AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE MATERIALS OR WARRANTIESSERVICES PROVE DEFECTIVE, YOU, AND NOT HP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. HP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, “HP Partner Link” PROGRAM (INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENTAND NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HP MAKES NO WARRANTY THAT THE HP PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE REPORT HP PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREEERROR FREE OR THAT DEFECTS IN THE HP PROGRAM WILL BE CORRECTED. HP MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HP PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE HP PROGRAM. NO ADVICE OR INFORMATION, FREE WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE HP PROGRAM OR FROM VIRUSES HP, ITS PARENTS, SUBSIDIARIES, OR OTHER HARMFUL COMPONENTSAFFILIATED COMPANIES, OR MEET PURCHASER’S REQUIREMENTS.ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESWE TRY TO KEEP KLASHA AVAILABLE AT ALL TIMES, ORAL OR WRITTENBUG-FREE AND SAFE, EXPRESS OR IMPLIEDHOWEVER, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY YOU USE IT AT YOUR OWN RISK. OUR WEBSITE AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT SERVICES ARE OFFERED PROVIDED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS WITHOUT ANY EXPRESS, IMPLIED AND/OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENTINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KLASHA MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE REPORT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, UNINTERRUPTED OR ERROR-ERROR FREE. NO ADVICE OR INFORMATION, FREE WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM VIRUSES KLASHA, ITS PARENTS, SUBSIDIARIES, OR OTHER HARMFUL COMPONENTSAFFILIATED COMPANIES, OR MEET PURCHASERITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "KLASHA PARTIES") SHALL CREATE ANY WARRANTY. IN NO EVENT WILL ANY OF THE KLASHA PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR TEN THOUSAND UNITED STATES DOLLARS (US$10,000.00) DOLLARS, WHICHEVER IS LESSER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH KLASHA’S REQUIREMENTSWEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF KLASHA’S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY PRODUCTS AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT YOUR CIN ACCOUNT ARE OFFERED PROVIDED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES EXCEPT FOR THE SPECIFIC CONTENT OF SECTION 8.2, WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING PRODUCTS AND YOUR CIN ACCOUNT. WITHOUT LIMITING IN ANY WAY THE FOREGOING, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTY (A) THAT PRODUCTS AND YOUR CIN ACCOUNT WILL BE COMPATIBLE WITH YOUR COMPUTER OR OTHER HARDWARE OR SOFTWARE; (B) THAT PRODUCTS AND YOUR CIN ACCOUNT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS; OR (C) THAT ANY CONTENT, INCLUDING YOUR DATA, WILL BE SECURE, OR FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSIONS, OR OTHERWISE LOST, DAMAGED OR UNRETRIEVABLE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND INCLUDING ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELYQUIET ENJOYMENT, SECURE, UNINTERRUPTED AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSUSAGE OF TRADE.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESTHAN AS MAY BE DESCRIBED IN AN SLA, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT SERVICES AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT LICENSOR PRODUCTS ARE OFFERED PROVIDED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES WE AND OUR AFFILIATES AND THIRD PARTY LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY KIND, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESWHETHER EXPRESS, WITH RESPECT TO IMPLIED, STATUTORY OR OTHERWISE REGARDING THE REPORT AND ANY OTHER PRODUCTSERVICES, SERVICELICENSOR PRODUCTS, OR INFORMATION OFFERED BY PEMBROKE UNDER ANY SOFTWARE OR IN CONNECTION WITH THIS AGREEMENTMATERIALS PROVIDED THEREWITH, OR THE PRESENT RESULTS TO BE ACHIEVED THEREFROM, INCLUDING ANY WARRANTY THAT THE SERVICES, LICENSOR PRODUCTS OR FUTURE METHODOLOGYSOFTWARE WILL BE UNINTERRUPTED, PROCESSERROR FREE, SECURE OR FREE OF HARMFUL COMPONENTS, OR METHOD EMPLOYED THAT YOUR CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY PEMBROKE FOR PROVIDING THE REPORTLAW, EXPRESS OR IMPLIEDWE AND OUR AFFILIATES AND THIRD PARTY LICENSORS DISCLAIM ALL WARRANTIES, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. SAVVIS MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE REPORT ANY SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES LOSS OR OTHER HARMFUL COMPONENTS, LIABILITY ARISING OUT OF HACKING OR MEET PURCHASER’S REQUIREMENTSSIMILAR MALICIOUS ACTIVITY BY ANY THIRD PARTY.

Disclaimers. NEITHER PEMBROKE NOR THE SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR OTHERWISEUP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, INCLUDINGREPRESENTATION, BUT NOT LIMITED TOOR GUARANTEE THAT THE SERVICE, OR YOUR USE OF THE IMPLIED WARRANTIES OF MERCHANTABILITYSERVICE, FITNESS FOR A PARTICULAR PURPOSEWILL BE UNINTERRUPTED, ACCURACYCOMPLETE, NON- INTERFERENCEACCURATE, QUALITYCURRENT, TITLERELIABLE, NONERROR-INFRINGEMENTFREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE REPORT WILL BE TIMELYSERVICE, SECUREOR ANY INFORMATION, UNINTERRUPTED SOFTWARE, OR ERROR-FREEOTHER MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE FROM OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MEET PURCHASER’S REQUIREMENTSMAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, AND YOUR RELIANCE THEREON.

Disclaimers. NEITHER PEMBROKE NOR ANY CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SOFTWARE AND OTHER LICENSED MATERIALS, THIRD PARTY PARTNERS SOFTWARE, AND SERVICES ARE PROVIDED BY TOMIA "AS IS" AND THAT EXCEPT AS MAY BE SPEICIFICALLY WARRANTED IN THIS SECTION 10, TOMIA AND ITS LICENSORS AND SUPPLIERS HAVE MADE NO REPRESENTATIONS, AND HAVE EXPRESSLY DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OR REPRESENTATIONS OF PEMBROKE MAKE ANY REPRESENTATIONS EVERY KIND OR WARRANTIESNATURE, ORAL OR WRITTENEITHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLEOR STATUTORY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING AS TO THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT LICENSED MATERIALS AND ANY OTHER PRODUCT, SERVICE, MATERIAL, ANCILLARY OR INFORMATION OFFERED BY PEMBROKE UNDER RELATED PRODUCTS OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, SERVICES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, USAGE OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. TOMIA DOES NOT WARRANT THAT (I) THE LICENSED MATERIALS WILL MEET CUSTOMER’S REQUIREMENTS, (II) THE SOFTWARE OR THIRD PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWARE USED IN OR WITH THE SOFTWARE, WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS, OR THAT DATA NOT PROVIDED BY TOMIA (EXCEPT AS MAY EXPRESSLY BE SPECIFIED IN WRITING BY TOMIA IN THE REPORT DOCUMENTATION), (III) THE OPERATION OF THE LICENSED MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS(IV) ALL ERRORS WILL BE CORRECTED.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY 10.1. THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". FINO MAKES NO REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF TITLEEITHER THE WEBSITE OR THE INFORMATION CONTAINED INIT. 10.2. SUBJECT TO CHAPTER 7 OF THE ECT ACT, NON-INFRINGEMENTFino, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEITS OFFICERS, REGARDING THE REPORT DIRECTORS, EMPLOYEES, SUPPLIERS, DAMAGE, LOSS OR LIABILITY, HOWSOEVER ARISING, INCURRED BY USERS OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES PERSONS AND RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE. 10.3. SUBJECT TO CHAPTER 7 OF THE REPORT ECT ACT AND TO THE FULLEST EXTENT POSSIBLE UNDER ANY OTHER PRODUCTAPPLICABLE LAW, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND FINO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESRESPONSIBILITY OR LIABILITY FOR ANY DAMAGES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, INCLUDING BUT NOT LIMITED TOTO DIRECT, ECONOMIC, CONSEQUENTIAL LOSS OR LOSS OF PROFITS, RESULTING FROM THE IMPLIED WARRANTIES USE OF MERCHANTABILITYTHIS WEBSITE IN ANY MANNER. 10.4. FINO HAS NO CONTROL OVER ANY USER GENERATED CONTENT AND/OR ANY OTHER THIRD PARTY INFORMATION, FITNESS FOR A PARTICULAR PURPOSEADVERTS, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES FEATURES OR OTHER HARMFUL COMPONENTSMATERIALS (‘’THIRD PARTY CONTENT’’) PUBLISHED ON THIS WEBSITE OR ACCESSIBLE ON OR FROM THIS WEBSITE. FINO DOES NOT EXAMINE OR EDIT ANY THIRD PARTY CONTENT AND/OR DOES NOT ACT AS AN AGENT FOR ANY THIRD PARTY IN THIS REGARD. AS SUCH AND TO THE FULLEST POSSIBLE EXTENT PERMISSIBLE UNDER LAW, FINO DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY LOSS OR MEET PURCHASER’S REQUIREMENTSDAMAGE ARISING FROM THE USE OF ANY THIRD PARTY CONTENT.

Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8, NEITHER PEMBROKE SPRINGCM NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE ITS LICENSORS, EMPLOYEES, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, RESELLERS, PARENT, AFFILIATES OR SUBSIDIARIES MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OR WARRANTIES, (WHETHER ORAL OR WRITTEN, EXPRESS OR EXPRESS, IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, STATUTORY) WITH RESPECT TO THE REPORT AND SOLUTIONS, ANY OTHER PRODUCTRELATED DOCUMENTATION, SERVICEANY PS, OR INFORMATION OFFERED BY PEMBROKE UNDER OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTIES OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, CONDITIONS (INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND ANY WARRANTIES THAT MIGHT ARISE THROUGH USAGE OF TRADE OR CUSTOM, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENTCOURSE OF DEALING, OR COURSE OF PERFORMANCE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. SPRINGCM DOES NOT WARRANT THAT THE REPORT SOLUTIONS ARE WITHOUT DEFECT OR ERROR, WILL MEET YOUR REQUIREMENTS, OR WILL BE TIMELY, SECURE, UNINTERRUPTED CONTINUOUSLY AVAILABLE OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSAPPROPRIATE FOR YOUR PARTICULAR USE.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESEXCEPT AS EXPRESSLY PROVIDED IN SECTION 13.1, ORAL OR WRITTENTHE SERVICE, EXPRESS OR IMPLIEDEQUIPMENT, INCLUDING IMPLIED WARRANTIES OF TITLEENABLING SOFTWARE, NON-INFRINGEMENTDOCUMENTATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT PROFESSIONAL SERVICES ARE OFFERED PROVIDED “AS IS” AND “WITH WEBROOT AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL FAULTS.” PEMBROKE MAKES NO WARRANTIES AND REPRESENTATIONS OR WARRANTIESOF ANY KIND, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENTFUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. IN ADDITION, THE ALGORITHMS AND MACHINE LEARNING UNDERLYING AND CONSTITUTING THE BASIS FOR THE SERVICE ARE FREQUENTLY BEING UPDATED AND TRAINED AND WEBROOT DOES NOT WARRANT THAT SUCH ALGORITHMS AND MACHINE LEARNING ARE CORRECT OR COMPLETE. WEBROOT DOES NOT WARRANT THAT ACCESS TO THE REPORT SERVICE WILL BE TIMELYCONTINUOUS OR UNINTERRUPTED, SECUREMEET CUSTOMER’S REQUIREMENTS, UNINTERRUPTED ACHIEVE ANY INTENDED RESULT, OR ERRORBE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, NETWORKS, OR DATABASES. ALL OPEN-FREE, FREE FROM VIRUSES SOURCE COMPONENTS AND OTHER THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY COPYRIGHT OWNER OF SUCH OPEN-SOURCE COMPONENTS OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSTHIRD-PARTY MATERIALS.

Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8, NEITHER PEMBROKE NEWGEN NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE ITS, EMPLOYEES, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, RESELLERS, PARENT, AFFILIATES OR SUBSIDIARIES MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OR WARRANTIES, (WHETHER ORAL OR WRITTEN, EXPRESS OR EXPRESS, IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, STATUTORY) WITH RESPECT TO THE REPORT AND SOLUTIONS, ANY OTHER PRODUCTRELATED DOCUMENTATION, SERVICEANY CS, OR INFORMATION OFFERED BY PEMBROKE UNDER OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTIES OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, CONDITIONS (INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND ANY WARRANTIES THAT MIGHT ARISE THROUGH USAGE OF TRADE OR CUSTOM, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENTCOURSE OF DEALING, OR COURSE OF PERFORMANCE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. NEWGEN DOES NOT WARRANT THAT THE REPORT SOLUTIONS ARE WITHOUT DEFECT OR ERROR, WILL MEET YOUR REQUIREMENTS, OR WILL BE TIMELY, SECURE, UNINTERRUPTED CONTINUOUSLY AVAILABLE OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSAPPROPRIATE FOR YOUR PARTICULAR USE.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS THE MASTERCARD DEVELOPERS MATERIALS, MASTERCARD DEVELOPERS INCLUDING, BUT NOT LIMITED TO, WEB SERVICES, SERVICE APIS, SDKS AND ALL INTELLECTUAL PROPERTY MADE AVAILABLE OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED LICENSED BY PEMBROKE MASTERCARD UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED PROVIDED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND WITHOUT WARRANTY OF ANY KIND. MASTERCARD DISCLAIMS ALL REPRESENTATIONS WARRANTIES DUTIES AND WARRANTIESCONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCTMASTERCARD DEVELOPERS MATERIALS, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, MASTERCARD DEVELOPERS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WEB SERVICES, SERVICE APIS, SDKS AND RELATED INTELLECTUAL PROPERTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, MASTERCARD SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES THAT ANY PRACTICE OR THAT IMPLEMENTATION OF MASTERCARD DEVELOPERS, THE REPORT MASTERCARD DEVELOPERS MATERIALS, IN WHOLE OR IN PART, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES NOT INFRINGE ANY THIRD PARTY’S PATENTS OR OTHER HARMFUL COMPONENTSINTELLECTUAL PROPERTY RIGHTS. SHOULD MASTERCARD DEVELOPERS, THE MASTERCARD DEVELOPERS MATERIALS PROVE TO HAVE DEFECTS OF ANY TYPE, MASTERCARD WILL NOT BEAR ANY COSTS OR MEET PURCHASER’S REQUIREMENTSEXPENSES OF ANY SERVICING, REPAIR AND/OR CORRECTION IN CONNECTION WITH ANY IMPLEMENTATIONS.

Disclaimers. NEITHER PEMBROKE NOR Assumption of Risk YOU EXPRESSLY ASSUME ANY OTHER THIRD PARTY PARTNERS AND ALL RISKS RELATED TO YOUR USE OF PEMBROKE MAKE THE APP AND THE SERVICES. Warranty Disclaimer. THE APP AND THE SERVICES ARE PROVIDED “AS IS, WITH ALL DEFECTS.” THE APP AND THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY REPRESENTATIONS OR WARRANTIESKIND WHATSOEVER, ORAL OR WRITTEN, EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYACCURACY OF INFORMATIONAL CONTENT, NON- INTERFERENCEAND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QUALITY, TITLE, NONMOA EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT (I) THE APP OR SERVICES WILL OPERATE IN AN ERROR-INFRINGEMENT, FREE OR THAT UNINTERRUPTED MANNER; (II) THE REPORT APP OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM OF VIRUSES OR OTHER HARMFUL COMPONENTSELEMENTS; (III) THE APP OR SERVICES WILL SATISFY THE END USER’S REQUIREMENTS; (IV) THE APP IS COMPATIBLE WITH SYSTEMS, PRODUCTS, OR MEET PURCHASER’S REQUIREMENTS.SERVICES PROVIDED BY THIRD PARTY PERSONS OR ORGANIZATIONS; (V) THE RESULTS OBTAINED FROM THE USE OF THE APP OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (VI) THE APP OR SERVICES WILL PREVENT THE UNAUTHORIZED DISCLOSURE OF, UNAUTHORIZED USE OF, UNAUTHORIZED ACCESS TO, MISAPPROPRIATION OF, LOSS OF, OR ALTERATION OF ANY DATA OR INFORMATION; OR

Disclaimers. NEITHER PEMBROKE DCI NOR ANY OTHER THIRD PARTY PARTNERS PARTNER OF PEMBROKE MAKE DCI MAKES ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE DCI IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE DCI UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE DCI MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE DCI UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE DCI FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- NON-INTERFERENCE, QUALITY, TITLE, NON-NON- INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS.

Disclaimers. 11.1 Neither WSRC, the DOE, nor persons acting on their behalf will be responsible for any injury to or death of persons or other living things or damage to or destruction of property or for any other loss, damage, or injury of any kind whatsoever resulting from LICENSEE's manufacture, use, or sale of materials, information, or WSRC Patent Rights hereunder. 11.2 EXCEPT AS SET FORTH HEREINABOVE, NEITHER PEMBROKE WSRC, THE DOE, NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE PERSONS ACTING ON THEIR BEHALF MAKE ANY REPRESENTATIONS WARRANTY, EXPRESS OR IMPLIED: (1) WITH RESPECT TO THE MERCHANTABILITY, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER; (2) THAT THE USE OF ANY SUCH SERVICES, MATERIALS, OR INFORMATION WILL NOT INFRINGE PRIVATELY OWNED RIGHTS; (3) THAT THE SERVICES MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL NOT RESULT IN INJURY OR DAMAGE WHEN USED FOR ANY PURPOSE; OR (4) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL ACCOMPLISH THE INTENDED RESULTS OR ARE SAFE FOR ANY PURPOSE, INCLUDING THE INTENDED OR PARTICULAR PURPOSE. FURTHERMORE, WSRC AND THE DOE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLEFOR ANY LICENSED PRODUCTS MANUFACTURED, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIALUSED, OR INFORMATION OFFERED SOLD BY PEMBROKE UNDER LICENSEE. NEITHER WSRC NOR THE DOE SHALL BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTSANY EVENT.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES 11.3 LICENSEE agrees to indemnify WSRC, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESthe DOE, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCTand persons acting on their behalf for all damages, SERVICEcosts, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENTand expenses, OR THE PRESENT OR FUTURE METHODOLOGYincluding attorney's fees, PROCESSarising from, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORTbut not limited to, EXPRESS OR IMPLIEDLICENSEE's making, WRITTEN OR ORALusing, ARISING FROM COURSE OF DEALINGselling, COURSE OF PERFORMANCEor exporting of any WSRC Patent Rights, USAGE OF TRADEinformation, OR OTHERWISEor Licensed Products, INCLUDINGin whatever form furnished hereunder. 11.4 LICENSEE agrees to obtain and maintain, BUT NOT LIMITED TOat its sole expense, THE IMPLIED WARRANTIES OF MERCHANTABILITYsufficient liability insurance to protect itself, FITNESS FOR A PARTICULAR PURPOSEWSRC, ACCURACYDOE and parties acting on their behalf against the events enumerated in Section 11.3 above. At WSRC's request, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSLICENSEE further agrees to provide a certificate of insurance in a form acceptable to WSRC in satisfaction thereof.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE REV360 GPO DOES NOT MAKE ANY REPRESENTATIONS WARRANTY OR WARRANTIES, ORAL OR WRITTENREPRESENTATION, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLEAS TO THE PRODUCTS PURCHASED UNDER VENDOR PURCHASE AGREEMENTS. Members shall look solely to the terms, NON-INFRINGEMENTrepresentations and warranties given by applicable vendor/supplier in the applicable Vendor Purchase Agreement. IN NO EVENT WILL REV360 GPO HAVE ANY LIABILITY FOR ANY SPECIAL, MERCHANTABILITY AND FITNESS INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY FROM THIS AGREEMENT, ITS PROVISION FOR A PARTICULAR PURPOSESERVICES, REGARDING THE REPORT REVOLUTIONEHR SYSTEM AND/OR ANY OTHER MATTER PERTAINING TO THIS VENDOR PURCHASE AGREEMENT. PEMBROKE IS , WHETHER OR NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE REV360 GPO HAS BEEN ADVISED OF THE REPORT AND POSSIBILITY OF THESE DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR LIMITED REMEDY. IN NO EVENT WILL REV360 GPO HAVE ANY LIABILITY IN CONNECTION WITH MEMBER'S DECISION TO TERMINATE OR CURTAIL PURCHASES UNDER ANY AGREEMENTS OR VENDOR PURCHASE ARRANGEMENTS THAT MAY FROM TIME TO TIME EXIST BETWEEN MEMBER AND SUPPLIERS. THIS APPLIES WHETHER THE AGREEMENT ARE OFFERED “AS IS” OR PURCHASING ARRANGEMENT IS EITHER: (I) DIRECTLY BETWEEN THE VENDOR/SUPPLIER AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS MEMBER, (II) THROUGH A PURCHASING AGENT OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICEGROUP PURCHASING ORGANIZATION, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS (III) THROUGH A VENDOR PURCHASE AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS.

Disclaimers. NEITHER PEMBROKE NOR THE PROGRAM AND ANY BENEFITS OR OTHER THIRD PARTY PARTNERS OF PEMBROKE MATERIALS THAT WE MAY OFFER THROUGH THE PROGRAM ARE PROVIDED “AS-IS.” WE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, NO EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND PROGRAM OR ANY BENEFITS OR OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR MATERIALS THAT WE MAY OFFER THROUGH THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED PROGRAM (INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELYANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSDEALING, OR MEET PURCHASER’S REQUIREMENTSTRADE USAGE). WE DO NOT GUARANTEE AN INCREASE IN REVENUE OR CUSTOMERS FOR YOUR COMPANY OR THAT YOU WILL RECEIVE FUNDING FROM ANY THIRD PARTIES. WE ARE NOT AUTHORIZED TO, AND ACCORDINGLY WE CANNOT, PROVIDE ANY REGULATED FINANCIAL SERVICE AS PART OF THE PROGRAM IN ANY JURISDICTION, AND NOTHING WE DO SHOULD BE CONSTRUED AS THE PROVISION OF SUCH A SERVICE. IN PARTICULAR, BUT WITHOUT LIMITATION, THIS MEANS THAT WE ARE NOT GENERALLY ABLE TO ARRANGE OR FACILITATE, OR PROVIDE ADVICE TO POTENTIAL INVESTORS IN RELATION TO, INVESTMENT IN, OR FINANCING OF, YOU, OR THE COMPANY OR ENTITY YOU REPRESENT. YOU SHOULD ALWAYS SEEK APPROPRIATE ASSISTANCE FROM DULY LICENSED INDEPENDENT PROFESSIONAL ADVISERS IN RELATION TO ANY SUCH INVESTMENT OR FINANCING.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESTO THE FULLEST EXTENT PERMITTED BY LAW, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY THE SERVICE AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT ALL RELATED COMPONENTS AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED PROVIDED ON AN “AS IS” AND “WITH AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND FLEET AND ITS SUBCONTRACTORS AND AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT FLEET DOES NOT WARRANT THAT ACCESS, USE, OR THAT OPERATION OF THE REPORT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSTHAT DEFECTS WILL BE CORRECTED. FLEET IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO DELAYS, DELIVERY FAILURES, INTERCEPTION, ALTERATION, OR OTHER DAMAGE RESULTING FROM MATTERS OUTSIDE OF ITS CONTROL, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE AND PERSONAL COMPUTING DEVICES, TRANSMISSION OF ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR OTHER NETWORKS, AND THIRD PARTY HOSTING SERVICE PROVIDERS. FLEET DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE MAINTENANCE, STORAGE, RETRIEVABILITY, OR CONDITION OF MATERIALS.

Disclaimers. 9.1 Neither Energy Systems, the DOE, nor persons acting on their behalf will be responsible for any injury to or death of persons or other living things or damage to or destruction of property or for any other loss, damage, or injury of any kind whatsoever resulting from Licensee's manufacture, use, or sale of materials, information, or Proprietary Rights hereunder. In no event will Energy Systems, the DOE, or any person acting on behalf of any of them be liable for any incidental, special or consequential damages resulting from the license granted pursuant to this Agreement or the use or commercial development of the Proprietary Rights. 9.2 EXCEPT AS SET FORTH HEREINABOVE, NEITHER PEMBROKE ENERGY SYSTEMS, THE DOE, NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE PERSONS ACTING ON THEIR BEHALF MAKE ANY REPRESENTATIONS WARRANTY, EXPRESS OR IMPLIED: (1) WITH RESPECT TO THE MERCHANTABILITY, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER; (2) THAT THE USE OF ANY SUCH SERVICES, MATERIALS, OR INFORMATION WILL NOT INFRINGE PRIVATELY OWNED RIGHTS; (3) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL NOT RESULT IN INJURY OR DAMAGE WHEN USED FOR ANY PURPOSE; OR (4) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL ACCOMPLISH THE INTENDED RESULTS OR ARE SAFE FOR ANY PURPOSE, INCLUDING THE INTENDED OR PARTICULAR PURPOSE. FURTHERMORE, ENERGY SYSTEMS AND THE DOE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLEFOR ANY PRODUCTS MANUFACTURED, NON-INFRINGEMENTUSED, MERCHANTABILITY OR SOLD BY LICENSEE. NEITHER ENERGY SYSTEMS NOR THE DOE SHALL BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN ANY EVENT. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING FILED SEPARATELY WITH THE REPORT OR ANY OTHER MATTER PERTAINING SECURITIES AND EXCHANGE COMMISSION PURSUANT TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE RULE 406 OF THE REPORT AND ANY OTHER PRODUCTSECURITIES ACT OF 1933, SERVICEAS AMENDED. 9.3 Licensee agrees to indemnify Energy Systems, MATERIALthe DOE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTSand persons acting on their behalf for all damages, costs, and expenses, including attorneys' fees, arising from, but not limited to [ * ].” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS.

Disclaimers. THE INTERSWITCH SERVICES, MATERIALS, DEVELOPER ACCOUNT, DEVELOPER PROGRAM AND ALL INFORMATION AND OTHER MATERIALS CONTAINED OR MADE AVAILABLE THEREIN PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND. YOUR USE OF ANY OF THE FOREGOING IS AT YOUR OWN RISK. NEITHER PEMBROKE INTERSWITCH NOR ANY OF ITS CURRENT AND FORMER AFFILIATES EMPLOYEES, SUCCESSORS OR ASSIGNS REPRESENT OR WARRANT THAT THE INTERSWITCH SERVICES, MATERIALS, DEVELOPER ACCOUNT, DEVELOPER PROGRAM OR ANY INFORMATION OR OTHER MATERIALS CONTAINED OR MADE AVAILABLE THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, CURRENT OR ERROR-FREE. YOU EXPRESSLY ACKNOWLEDGE THAT COMPUTER NETWORK-BASED SERVICES MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR PARTIES AND DELAY OCCURRENCES. INTERSWITCH SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, ORAL OR WRITTEN, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES ARISING BY STATUTE, OPERATION OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCELAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELYTITLE. Interswitch assumes no liability or responsibility for any inaccurate or incomplete information or claims that may result from reliance on such information. Without limiting the foregoing and for avoidance of doubt, SECUREInterswitch, UNINTERRUPTED OR ERROR-FREEits Affiliates, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSand their respective licensors, OR MEET PURCHASER’S REQUIREMENTSshall not be liable for, and hereby expressly disclaim any liabilities and warranties with respect to, any Open Source Software or other third party components of Materials or Content. Some states or provinces do not allow the exclusion of certain warranties, so the above limitations may not apply to You. You may have rights that vary from jurisdiction to jurisdiction; however, the above disclaimers apply to the extent permitted by applicable Law.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS EXCEPT FOR THE LIMITED WARRANTIES UNDER SECTION 4 (WARRANTIES) AND TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, THOUGHTSPOT (ON ITS OWN BEHALF AND ON BEHALF OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY ITS SUPPLIERS AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS LICENSORS) AND THOUGHTSPOT AFFILIATES: (A) DO NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIESMAKE, AND DISCLAIMS EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS AND WARRANTIES, WARRANTIES WITH RESPECT TO THE REPORT APPLICATION AND ANY OTHER PRODUCTSUPPORT (EXPRESS, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADESTATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THOUGHTSPOT KNOWS OR SHOULD HAVE KNOWN SUCH PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY), TITLE, AND NON-INFRINGEMENT; (B) PROVIDE THE APPLICATION AND SUPPORT “AS IS” AND “AS AVAILABLE”; AND (C) WITHOUT LIMITING THE FOREGOING CLAUSES (A) AND (B), MAKE NO (AND EXPRESSLY DISCLAIM) ANY WARRANTY THAT THE APPLICATION AND ANY USE THEREOF, WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, COMPATIBLE WITH ANY PARTICULAR ENVIRONMENT, OR FREE FROM DEFECTS, VIRUS, OR ERRORS (OR THAT THE REPORT ANY ERRORS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSCORRECTED).

Disclaimers. 8.1. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE DATA IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, THE RISK OF ANY USE SUBSCRIBER MAKES OF THE DATA IS SUBSCRIBER’S OWN, AND NEITHER PEMBROKE VISIER, NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR LICENSORS MAKE, AND VISIER, ITS AFFILIATES, EMPLOYEES, AGENTS, AND LICENSORS HEREBY SPECIFICALLY DISCLAIM, ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS REPRESENTATIONS, ENDORSEMENTS, GUARANTEES OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYTITLE, NON- INTERFERENCETIMELINESS, QUALITY, TITLE, ACCURACY OR NON-INFRINGEMENTINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 8.2. SUBSCRIBER’S DECISIONS BASED ON THE DATA IS ENTIRELY SUBSCRIBER’S OWN AND VISIER ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES RESULTING FROM SUBSCRIBER’S USE OF THE DATA, INCLUDING BUT NOT LIMITED TO, CONSEQUENCES BASED ON ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OF SCIENTIFIC ASSUMPTIONS, STUDIES, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSCONCLUSIONS, OR MEET PURCHASER’S REQUIREMENTSTHE PRESENCE OF BIAS.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS EXCEPT AS OTHERWISE EXPRESSLY REPRESENTED OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO WARRANTED IN THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF TO THE REPORT MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION SERVICES, PROFESSIONAL SERVICES, THE DOCUMENTATION, AND ANY OTHER PRODUCT, SERVICE, MATERIAL, PRODUCTS OR INFORMATION OFFERED SERVICES PROVIDED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ZEROFOX ARE OFFERED PROVIDED “AS IS,” AND “WITH ZEROFOX DISCLAIMS ANY AND ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIESOTHER PROMISES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND/OR DATA ACCURACY. ZEROFOX DOES NOT WARRANT THAT THE APPLICATION SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY ZEROFOX WILL MEET ORDERING ACTIVITY’S REQUIREMENTS OR THAT THE REPORT OPERATION OF THE APPLICATION SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSTHAT ALL ERRORS WILL BE CORRECTED. NO WARRANTY IS MADE ON THE BASIS OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR MEET PURCHASERTRADE USAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO (1) PERSONAL INJURY OR DEATH RESULTING FROM LICENSOR’S REQUIREMENTS.NEGLIGENCE; (2) FOR FRAUD; OR

Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PEMBROKE NOR PARTY MAKES ANY OTHER THIRD PARTY PARTNERS WARRANTY OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESKIND, ORAL OR WRITTENWHETHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, STATUTORY OR OTHERWISE, INCLUDINGAND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, BUT NOT LIMITED TO, THE INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. USE OF THE SERVICE IS AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR THAT THE REPORT DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. WE DO NOT WARRANT THAT: (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, FREE FROM VIRUSES SERVICES, INFORMATION OR OTHER HARMFUL COMPONENTSMATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR MEET PURCHASERTRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S REQUIREMENTSCOMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICE. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Disclaimers. (a) OTHER THAN THE EXPRESS WARRANTIES (AND THEN AS TO INSTRUCTURE ONLY AND NO OTHER PERSON), IF ANY, SET FORTH IN THE SERVICES AGREEMENT OR THIS SERVICE ADDENDUM, NEITHER PEMBROKE INSTRUCTURE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE PERSON PROVIDES ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH OR UNDER THE SERVICES AGREEMENT AND THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIESSERVICE ADDENDUM, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITH RESPECT TO THE REPORT SERVICES, AND ANY OTHER PRODUCTINSTRUCTURE HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, SATISFACTORY QUALITY, TITLE, TITLE OR NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELYCOMPLIANCE OF THE SERVICES WITH ANY LEGAL, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES REGULATORY AND/OR OTHER HARMFUL COMPONENTSREQUIREMENTS APPLICABLE TO MEMBER, EXCEPT AS OTHERWISE PROVIDED IN THE SERVICE ADDENDUM OR IN THE SERVICES AGREEMENT. THESE DISCLAIMERS SHALL APPLY EXCEPT TO THE EXTENT, IF AT ALL, THAT APPLICABLE LAW DOES NOT PERMIT THEM. (b) FOR THE AVOIDANCE OF DOUBT, UNIZIN IS NOT PROVIDING THE SERVICES, OR MEET PURCHASER’S REQUIREMENTSANY OTHER SERVICES, LICENSES, PRODUCTS, OFFERINGS OR SERVICES OF ANY KIND, TO MEMBER IN CONNECTION WITH OR UNDER THE SERVICES AGREEMENT AND THIS SERVICE ADDENDUM, AND THEREFORE, UNIZIN MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL WARRANTIES IN CONNECTION WITH OR UNDER THE SERVICES AGREEMENT AND THE SERVICE ADDENDUM INCLUDING (c) For the purpose of further clarification, and notwithstanding anything to the contrary express or implied herein, , Member acknowledges that all references, representations, warranties and covenants made in the Services Agreement or herein (including in any Exhibits attached hereto), whether express or implied, concerning in any way Instructure and/or any of the Services, are made by Instructure alone and not by or in conjunction with Unizin. Member shall inform Users that the Services are being provided by Instructure.

Disclaimers. NEITHER PEMBROKE NOR ANY CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SOFTWARE AND OTHER LICENSED MATERIALS, THIRD PARTY PARTNERS SOFTWARE, AND SERVICES ARE PROVIDED BY TOMIA "AS IS" AND THAT EXCEPT AS MAY BE SPEICIFICALLY WARRANTED IN THIS SECTION 9, TOMIA AND ITS LICENSORS AND SUPPLIERS HAVE MADE NO REPRESENTATIONS, AND HAVE EXPRESSLY DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OR REPRESENTATIONS OF PEMBROKE MAKE ANY REPRESENTATIONS EVERY KIND OR WARRANTIESNATURE, ORAL OR WRITTENEITHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLEOR STATUTORY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING AS TO THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT LICENSED MATERIALS AND ANY OTHER PRODUCT, SERVICE, MATERIAL, ANCILLARY OR INFORMATION OFFERED BY PEMBROKE UNDER RELATED PRODUCTS OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, SERVICES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, USAGE OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. TOMIA DOES NOT WARRANT THAT (I) THE LICENSED MATERIALS WILL MEET CUSTOMER’S REQUIREMENTS, (II) THE SOFTWARE OR THIRD PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWARE USED IN OR WITH THE SOFTWARE, WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS, OR THAT DATA NOT PROVIDED BY TOMIA (EXCEPT AS MAY EXPRESSLY BE SPECIFIED IN WRITING BY TOMIA IN THE REPORT DOCUMENTATION), (III) THE OPERATION OF THE LICENSED MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS(IV) ALL ERRORS WILL BE CORRECTED.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESYou understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENTand for maintaining a means external to our site for any reconstruction of any lost data. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND SWAPIDEA STRICTLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO COACH SERVICES (INCLUDING COACHING SESSIONS) ANY THIRD-PARTY PRODUCTS. THE REPORT SERVICES ARE PROVIDED "AS IS" AND ANY OTHER PRODUCTSWAPIDEA SPECIFICALLY DISCLAIMS ALL WARRANTIES, SERVICEWHETHER EXPRESS, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADESTATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE . SWAPIDEA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SWAPIDEA MAKES NO WARRANTY OF ANY KIND THAT THE REPORT SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S OR ENTITY'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE TIMELYCOMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY'S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, UNINTERRUPTED ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY ERRORS OR MEET PURCHASER’S REQUIREMENTSDEFECTS CAN OR WILL BE CORRECTED.

Disclaimers. THE WEBSITE, SERVICE, AND CONTENT ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE PROVIDED IN OUR SERVICE LEVEL COMMITMENT OR THESE TERMS, NEITHER PEMBROKE THE COMPANY NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE ITS AFFILIATES, SUBSIDIARIES, LICENSORS, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, QUIET ENJOYMENT, AVAILABILITY, OR NON-INFRINGEMENTINFRINGEMENT WITH RESPECT TO THE WEBSITE, OR SERVICE, AND CONTENT. WE DO NOT WARRANT THAT THE REPORT CONTENT OR SERVICE WILL BE TIMELYACCURATE, SECURECURRENT, UNINTERRUPTED COMPLETE, OR ERROR-FREE, FREE OR THAT THE TRANSMISSION TO OR FROM VIRUSES THE WEBSITE WILL BE UNINTERRUPTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, INCLUDING ALL CONTENT OR OTHER HARMFUL COMPONENTSDATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICE, IS AT YOUR SOLE RISK. THE SERVICE INTEGRATES CONTENT AND USER CONTENT SUPPLIED BY THIRD PARTIES. WE DO NOT ENDORSE, GUARANTEE, WARRANT, OR MEET PURCHASER’S REQUIREMENTSCONTROL SUCH CONTENT. WE DISCLAIM ANY WARRANTIES OR REPRESENTATIONS THAT USING THE SERVICE WILL RESULT IN A CERTAIN NUMBER OF SHOWINGS OR A PARTICULAR RESULT.

Disclaimers. NEITHER PEMBROKE NOR EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS: 9.3.1. A WARRANTY OR REPRESENTATION BY EITHER PARTY AS TO THE VALIDITY, ENFORCEABILITY, OR SCOPE OF ANY PATENT; The symbol [***] is used to indicate that a portion of the exhibit has been omitted and filed separately with the commission. Confidential treatment has been requested with respect to the omitted portion. 9.3.2. A WARRANTY OR REPRESENTATION THAT ANY MANUFACTURE, SALE, OFFER FOR SALE, LEASE, IMPORT, USE OR OTHER DISPOSITION OF ANY PRODUCTS HEREUNDER WILL BE FREE FROM INFRINGEMENT OF PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; 9.3.3. A WARRANTY OR REPRESENTATION BY EITHER PARTY PARTNERS WITH RESPECT TO THEIR ENFORCEMENT OF PEMBROKE ANY PATENT INCLUDING WITHOUT LIMITATION THE PROSECUTION, DEFENSE OR CONDUCT OF ANY ACTION OR SUIT CONCERNING INFRINGEMENT OF ANY SUCH PATENT; 9.3.4. CONFERRING ANY RIGHT TO USE IN ADVERTISING, PUBLICITY, OR OTHERWISE, ANY TRADEMARK, TRADE NAME OR NAMES, OR ANY CONTRACTION, ABBREVIATION OR SIMULATION THEREOF, OF EITHER PARTY; 9.3.5. AN OBLIGATION UPON EITHER PARTY TO MAKE ANY REPRESENTATIONS DETERMINATION AS TO THE APPLICABILITY OF ANY OF ITS PATENTS TO ANY PRODUCT OR WARRANTIESSERVICE; 9.3.6. AN ADMISSION BY EITHER PARTY THAT ANY OF ITS PRODUCTS INFRINGE ANY PATENTS OF THE OTHER PARTY; OR 9.3.7. A WARRANTY OR REPRESENTATION BY EITHER PARTY WITH RESPECT TO THE MERCHANTABILITY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR OF ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTSPRODUCTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS.

Disclaimers. THE PFM SERVICES ARE PROVIDED FOR CLIENT’S USE “AS IS,” AND NEITHER PEMBROKE FIS NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE YODLEE MAKE ANY REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY KIND, ORAL OR WRITTEN, EITHER EXPRESS OR IMPLIED, INCLUDING STATUTORY OR OTHERWISE, REGARDING SUCH SERVICES AND RELATED SERVICES PROVIDED BY YODLEE, AND FIS AND YODLEE EACH SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLEMERCHANTABILITY, NON-INFRINGEMENT, MERCHANTABILITY AND INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT . NEITHER FIS NOR YODLEE WARRANTS THAT SUCH SERVICES OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT HOSTING ENVIRONMENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, FREE FROM VIRUSES NEITHER FIS NOR YODLEE MAKES ANY REPRESENTATIONS REGARDING THE USE OR OTHER HARMFUL COMPONENTSTHE RESULTS OF THE USE OF SUCH SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR MEET PURCHASER’S REQUIREMENTSOTHERWISE. 3. Limitation of Liability. IN NO EVENT SHALL FIS OR YODLEE BE LIABLE TO CLIENT OR ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, AND COSTS OF COVER, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.

Disclaimers. NEITHER PEMBROKE NOR EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLE III OF THE ASSET PURCHASE AGREEMENT, THE RESPECTIVE UNDIVIDED INTERESTS IN THE ASSETS ARE BEING SOLD, CONVEYED, ASSIGNED, TRANSFERRED AND DELIVERED “AS IS, WHERE IS” ON THE DATE HEREOF, AND IN THEIR CONDITION ON THE DATE HEREOF “WITH ALL FAULTS,” AND SELLER IS NOT MAKING, AND TE EXPRESSLY DISCLAIMS, ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESWARRANTIES WRITTEN OR ORAL, ORAL OR WRITTENSTATUTORY, EXPRESS OR IMPLIED, CONCERNING THE PURCHASED ASSETS (INCLUDING IMPLIED WARRANTIES ANY RELATING TO LIABILITIES, OPERATIONS OF TITLETHE FACILITY, NON-INFRINGEMENTCONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEVALUE OR QUALITY OF THE ASSETS OR THE PROSPECTS (FINANCIAL OR OTHERWISE), REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES RISKS OR OTHER LOSSES RESULTING FROM USE INCIDENTS OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, ASSETS) OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ASSET PURCHASE AGREEMENT OR THE TRANSACTIONS CONTEMPLATED THEREBY. SELLER SPECIFICALLY DISCLAIMS ANY OTHER PRODUCTREPRESENTATION OR WARRANTY OF MERCHANTABILITY, SERVICEUSAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE ASSETS, OR INFORMATION OFFERED BY PEMBROKE UNDER ANY PART THEREOF, OR IN CONNECTION WITH THIS AGREEMENTAS TO THE WORKMANSHIP THEREOF, OR THE PRESENT ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSPATENT.

Disclaimers. NEITHER PEMBROKE NOR ANY CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SOFTWARE AND OTHER LICENSED MATERIALS, THIRD PARTY PARTNERS SOFTWARE, AND SERVICES ARE PROVIDED BY TOMIA "AS IS" AND THAT EXCEPT AS MAY BE SPEICIFICALLY WARRANTED IN THIS SECTION 9, TOMIA AND ITS LICENSORS AND SUPPLIERS HAVE MADE NO REPRESENTATIONS, AND HAVE EXPRESSLY DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OR REPRESENTATIONS OF PEMBROKE MAKE ANY REPRESENTATIONS EVERY KIND OR WARRANTIESNATURE, ORAL OR WRITTENEITHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLEOR STATUTORY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING AS TO THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT LICENSED MATERIALS AND ANY OTHER PRODUCT, SERVICE, MATERIAL, ANCILLARY OR INFORMATION OFFERED BY PEMBROKE UNDER RELATED PRODUCTS OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, SERVICES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, USAGE OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. XXXXX DOES NOT WARRANT THAT (I) THE LICENSED MATERIALS WILL MEET CUSTOMER’S REQUIREMENTS, (II) THE SOFTWARE OR THIRD PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWARE USED IN OR WITH THE SOFTWARE, WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS, OR THAT DATA NOT PROVIDED BY TOMIA (EXCEPT AS MAY EXPRESSLY BE SPECIFIED IN WRITING BY TOMIA IN THE REPORT DOCUMENTATION), (III) THE OPERATION OF THE LICENSED MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS(IV) ALL ERRORS WILL BE CORRECTED.

Disclaimers. The Parties intend and agree that no warranties exist beyond these stated in this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE MAKES ANY REPRESENTATIONS OR AND GRANTS NO WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES ANY WARRANTY OF TITLE, NON-INFRINGEMENTQUALITY, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE OR PURPOSE. FURTHERMORE, REGARDING EXCEPT FOR BREACH OF ITS OBLIGATIONS TO THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE PARTY UNDER SECTION 4.1 OF THE REPORT AND LICENSE AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY, ITS AFFILIATES, LICENSEES OR SUBLICENSEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES OR EMPLOYEES FOR ANY OTHER PRODUCTLOST PROFITS, SERVICELOSS OF BUSINESS, MATERIALLOSS OF CONTRACTS, DIMINISHED GOODWILL, DIMINISHED REPUTATION, OR INFORMATION OFFERED BY PEMBROKE UNDER CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO SPECIAL DAMAGES OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER PARTY ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, OR PROVIDED, HOWEVER, THAT THIS SECTION 5.4 SHALL NOT LIMIT EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER ARTICLE 11 OF THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSLICENSE AGREEMENT.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS YOUR ACCESS TO AND USE OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESTHE PROJECT NFT AND LICENSED MEDIA AND LORE IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ORAL OR WRITTENTO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CREATOR, ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, LICENSORS AND EQUITYHOLDERS (THE “CREATOR ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT IN THE PROJECT NFTS AND LICENSED MEDIA AND LORE. THE CREATOR ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, NON- INTERFERENCEAVAILABILITY, QUALITYTIMELINESS, TITLEORIGINALITY, NON-INFRINGEMENTSECURITY OR RELIABILITY OF THE PROJECT NFTS AND LICENSED MEDIA AND LORE; (B) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM, DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR THAT MARKETPLACE; AND (C) WHETHER THE REPORT PROJECT NFTS AND LICENSED MEDIA AND LORE WILL MEET YOUR REQUIREMENTS OR BE TIMELYAVAILABLE ON AN UNINTERRUPTED, SECURE, UNINTERRUPTED SECURE OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSBASIS; AND (D) THE DELETION OF, OR MEET PURCHASER’S REQUIREMENTSTHE FAILURE TO STORE OR TRANSMIT THE PROJECT NFTS AND LICENSED MEDIA AND LORE. THE PROJECT NFTS AND LICENSED MEDIA AND LORE ARE INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES(a) EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, ORAL OR WRITTEN, EXPRESS OR IMPLIEDALL SERVICES PROVIDED HEREUNDER, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT INTERMODAL PORTS AND ANY OTHER PRODUCTINFORMATION OR DATA FROM THE NPAC, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED PROVIDED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO AS AVAILABLE”, AND NEITHER ICONECTIV NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ASSIGNS MAKE ANY REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT WARRANTIES TO THE REPORT AND CUSTOMER OR TO ANY OTHER PRODUCTTHIRD PARTY INCLUDING, SERVICEWITHOUT LIMITATION, ITS OWN CUSTOMERS, WHETHER EXPRESS, IMPLIED OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISESTATUTORY, INCLUDING, BUT BY WAY OF EXAMPLE AND NOT LIMITED TOLIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, ACCURACYTITLE AND NONINFRINGEMENT RELATING TO ANYTHING PROVIDED OR USED OR DESCRIBED HEREUNDER, NON- INTERFERENCEALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. (b) NEITHER ICONECTIV NOR ITS AFFILIATES, QUALITYOFFICERS, TITLEDIRECTORS, NON-INFRINGEMENTEMPLOYEES, AGENTS OR ASSIGNS MAKE ANY REPRESENTATIONS OR WARRANTIES TO CUSTOMER OR TO ANY OTHER THIRD PARTY WITH RESPECT TO THE SUFFICIENCY OR ADEQUACY OF THE INTERMODAL PORTS, OR THAT ANY OTHER INFORMATION OR DATA PROVIDED TO CUSTOMER, WHETHER OR NOT PART OF THE REPORT WILL BE TIMELYSERVICE, SECUREIN COMPLYING WITH THE TCPA, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED.

Disclaimers. 9.1 Neither Energy Systems, the DOE, nor persons acting on their behalf will be responsible for any injury to or death of persons or other living things or damage to or destruction of property or for any other loss, damage, or injury of any kind whatsoever resulting from Licensee's manufacture, use, or sale of materials, information, or Proprietary Rights hereunder. In no event will Energy Systems, the DOE, or any person acting on behalf of any of them be liable for any incidental, special or consequential damages resulting from the license granted pursuant to this Agreement or the use or commercial development of the Proprietary Rights. 9.2 EXCEPT AS SET FORTH HEREINABOVE, NEITHER PEMBROKE ENERGY SYSTEMS, THE DOE, NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE PERSONS ACTING ON THEIR BEHALF MAKE ANY REPRESENTATIONS WARRANTY, EXPRESS OR IMPLIED: (1) WITH RESPECT TO THE MERCHANTABILITY, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER; (2) THAT THE USE OF ANY SUCH SERVICES, MATERIALS, OR INFORMATION WILL NOT INFRINGE PRIVATELY OWNED RIGHTS; (3) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL NOT RESULT IN INJURY OR DAMAGE WHEN USED FOR ANY PURPOSE; OR (4) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL ACCOMPLISH THE INTENDED RESULTS OR ARE SAFE FOR ANY PURPOSE, INCLUDING THE INTENDED OR PARTICULAR PURPOSE. FURTHERMORE, ENERGY SYSTEMS AND THE DOE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLEFOR ANY PRODUCTS MANUFACTURED, NON-INFRINGEMENTUSED, MERCHANTABILITY OR SOLD BY LICENSEE. NEITHER ENERGY SYSTEMS NOR THE DOE SHALL BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN ANY EVENT. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING FILED SEPARATELY WITH THE REPORT OR ANY OTHER MATTER PERTAINING SECURITIES AND EXCHANGE COMMISSION PURSUANT TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE RULE 406 OF THE REPORT AND ANY OTHER PRODUCTSECURITIES ACT OF 1933, SERVICEAS AMENDED. 9.3 Licensee agrees to indemnify Energy Systems, MATERIALthe DOE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTSand persons acting on their behalf for all damages, costs, and expenses, including attorneys' fees, arising from, but not limited to Licensee's, its Affiliates' and Sublicensees' making, using, selling, or exporting of any Proprietary Rights, information, Products or services, in whatever form furnished hereunder.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESEXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 18, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, BRIGHTCLOUD SERVICE, MATERIALCLASSIFICATIONS, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT AND DOCUMENTATION, ARE OFFERED EACH PROVIDED “AS IS” AND “WITH WEBROOT AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL FAULTS.” PEMBROKE MAKES NO WARRANTIES AND REPRESENTATIONS OR WARRANTIESOF ANY KIND, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENTFUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WEBROOT DOES NOT AND CANNOT WARRANT THAT ANY CLASSIFICATION IS COMPLETE, ACCURATE, OR CURRENT. IN ADDITION, THE REPORT COMPONENTS, ALGORITHMS, AND MACHINE LEARNING UNDERLYING AND CONSTITUTING THE BASIS FOR ANY CLASSIFICATION ARE FREQUENTLY CHANGING AND WEBROOT DOES NOT WARRANT THAT ANY CLASSIFICATIONS ARE CORRECT OR COMPLETE. WEBROOT DOES NOT WARRANT THAT ACCESS TO THE BRIGHTCLOUD SERVICE WILL BE TIMELYCONTINUOUS OR UNINTERRUPTED, MEET PARTNER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, OR BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES, INFORMATION, MATERIALS OR OTHER MATTER (INCLUDING ANY SOFTWARE, HARDWARE, FIRMWARE, SYSTEM OR NETWORK), OR BE SECURE, UNINTERRUPTED ACCURATE, COMPLETE, OR ERRORERROR FREE. ALL OPEN-FREE, FREE FROM VIRUSES SOURCE SOFTWARE AND OTHER THIRD- PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEMIS STRICTLY BETWEEN END USER AND THE THIRD-PARTY COPYRIGHT OWNER OF SUCH OPEN- SOURCE SOFTWARE OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSTHIRD-PARTY MATERIALS.

Disclaimers. NEITHER PEMBROKE NOR IMPACT WILL NOT HAVE ANY LIABILITY TO THE COMPANY, ITS AFFILIATES OR ANY INDEMNFIED PARTY FOR ANY LOST PROFITS OR LOST REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. THIS SECTION 9.1 DISCLAIMER DOES NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, OR IN THE CASE OF IMPACT’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD. SUBJECT TO THE FOREGOING AND THE OTHER TERMS OF THIS AGREEMENT, EACH PARTY SHALL BE LIABLE FOR ITS PERSONNEL AND AFFILIATES (UNLESS SUCH AFFILIATE HAS A DIRECT CONTRACTUAL RELATIONSHIP WITH THE OTHER PARTY OR A PARTY’S AFFILIATE) AND THEIR ACTS, ERRORS OR OMISSIONS. IMPACT SHALL HAVE NO LIABILITY FOR (a) ANY ACTS OR OMISSIONS OF PARTNERS OR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE PARTIES (OTHER THAN IMPACT’S AFFILIATES THAT DO NOT HAVE A DIRECT CONTRACTUAL RELATIONSHIP WITH COMPANY, AND IMPACT’S SUBCONTRACTORS); OR (b) ANY REPRESENTATIONS OR WARRANTIESDEFECTS, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONSPROBLEMS, DAMAGES OR OTHER LOSSES CAUSED BY OR RESULTING FROM USE ANY FORCE MAJEURE, FAILURES OF THE REPORT AND INTERNET OR ANY OTHER PRODUCTPRODUCTS, SERVICE, MATERIAL, SERVICES OR INFORMATION OFFERED SOFTWARE NOT SUPPLIED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTSIMPACT.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS.

Disclaimers. NEITHER PEMBROKE NOR ANY THE SERVICE AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, DATA OR INFORMATION OFFERED PROVIDED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT US (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE OFFERED PROVIDED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES ”. WE MAKE NO REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY KIND, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESWHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCTSERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISEWE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE REPORT SERVICE OFFERINGS WILL FUNCTION AS DESCRIBED, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-ERROR FREE, OR FREE FROM VIRUSES OR OTHER OF HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS.THAT THE DATA YOU STORE WITHIN THE SERVICE OFFERINGS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, INCLUDING THOSE THAT AFFECT THE PROCESSING OR COMPLETION OF ANY TICKET OR REGISTRATION PURCHASE. NO ADVICE OR INFORMATION

Disclaimers. 8.1 Neither LMER, the DOE, nor persons acting on their behalf will be responsible for any injury to or death of persons or other living things or damage to or destruction of property or for any other loss, damage, or injury of any kind whatsoever resulting from Licensee's manufacture, use, or sale of materials, information, or Proprietary Rights hereunder. 8.2 EXCEPT AS SET FORTH HEREINABOVE, NEITHER PEMBROKE LMER, THE DOE, NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE PERSONS ACTING ON THEIR BEHALF MAKE ANY REPRESENTATIONS WARRANTY, EXPRESS OR IMPLIED: (1) WITH RESPECT TO THE MERCHANTABILITY, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER; (2) THAT THE USE OF ANY SUCH 6 SERVICES, MATERIALS, OR INFORMATION WILL NOT INFRINGE PRIVATELY OWNED RIGHTS; (3) THAT THE SERVICES MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL NOT RESULT IN INJURY OR DAMAGE WHEN USED FOR ANY PURPOSE; OR (4) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL ACCOMPLISH THE INTENDED RESULTS OR ARE SAFE FOR ANY PURPOSE, INCLUDING THE INTENDED OR PARTICULAR PURPOSE. FURTHERMORE, LMER AND THE DOE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLEFOR ANY PROCESSES USED OR PRODUCTS MANUFACTURED, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIALUSED, OR INFORMATION OFFERED SOLD BY PEMBROKE UNDER LICENSEE. NEITHER LMER NOR THE DOE SHALL BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTSANY EVENT.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES 8.3 Licensee agrees to indemnify LMER, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESthe DOE, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCTand persons acting on their behalf for all damages, SERVICEcosts, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENTand expenses, OR THE PRESENT OR FUTURE METHODOLOGYincluding attorney's fees, PROCESSarising from, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORTbut not limited to, EXPRESS OR IMPLIEDLicensee's making, WRITTEN OR ORALusing, ARISING FROM COURSE OF DEALINGselling, COURSE OF PERFORMANCEor exporting of any Proprietary Rights, USAGE OF TRADEinformation, OR OTHERWISEor Products, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSin whatever form furnished hereunder.

Disclaimers. NEITHER PEMBROKE NOR ANY THE WARRANTIES SET FORTH IN SECTION 6 ARE EXCLUSIVE AND IN LIEU OF, ALL OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, PURPOSE AND NON-INFRINGEMENT. AFFYMETRIX AND ITS DISTRIBUTOR EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES. AFFYMETRIX DOES NOT WARRANT, GUARANTEE OR REPRESENT THAT THE REPORT SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR THAT SOFTWARE ERRORS WILL BE CORRECTED. AFFYMETRIX ALSO DOES NOT WARRANT, GUARANTEE OR REPRESENT THE USE, OR RESULTS OF THE USE, OF THE SOFTWARE PRODUCTS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND THAT AFFYMETRIX IS NOT RESPONSIBLE, AND WILL HAVE NO LIABILITY, FOR HARDWARE, SOFTWARE, OR OTHER HARMFUL COMPONENTS, ITEMS OR MEET PURCHASER’S REQUIREMENTSANY SERVICES PROVIDED BY ANY PERSONS OR ENTITIES OTHER THAN AFFYMETRIX.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESTHE APPLICATION AND ALL CONTENT, ORAL OR WRITTENMATERIALS AND PRODUCTS MADE AVAILABLE THROUGH IT, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED PROVIDED ON AN “AS IS” AND “WITH BASIS WITHOUT WARRANTIES OF ANY KIND. ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESEXPRESS, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCTIMPLIED OR STATUTORY, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISEARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYNON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, NON- INTERFERENCEWE DISCLAIM (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, QUALITYINCOMPLETENESS OR TIMELINESS OF THE CONTENT; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, TITLEUSE OR INABILITY TO USE THE APPLICATION OR CIRCUMSTANCES OVER WHICH RIPL HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE APPLICATION MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE APPLICATION OR USE OF ANY INFORMATION OR CONTENT ACCESSED THROUGH THE APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RIPL THROUGH THE APPLICATION CREATES ANY WARRANTY, REPRESENTATION OR GUARANTEE. WE DO NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Application results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs. WE DO NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Application results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs. WE ARE NOT RESPONSIBLE FOR CONTENT POSTED BY ANY THIRD PARTY VIA THE APPLICATION, AND ANY CONTENT THAT IS LINKED TO FROM THE APPLICATION. THE APPLICATION AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE APPLICATION, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR THAT FITNESS FOR A PARTICULAR PURPOSE. IF YOU ARE DISSATISFIED WITH THE REPORT WILL BE TIMELYAPPLICATION, SECUREYOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION. Your downloading, UNINTERRUPTED OR ERROR-FREEinstallation and use of the Application is at your own discretion and risk, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSand you are solely responsible for any damages to your hardware device(s) or loss of data that results from the downloading, OR MEET PURCHASER’S REQUIREMENTSinstallation or use of the Application.

Disclaimers. NEITHER PEMBROKE NOR (a) BELL SHALL NOT BE LIABLE AND ASSUMES NO RESPONSIBILITY FOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS LOSS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING ARISING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT WITH: (I) ANYTHING RELATED TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, YOUR SYSTEMS (INCLUDING, BUT NOT LIMITED TO, YOUR FAILURE TO SECURE AND SAFEGUARD YOUR SYSTEMS, ID CODES OR PASSWORDS); (II) ANY ACCESS, INABILITY TO ACCESS, FAULT OR FAILURE OF THE IMPLIED WARRANTIES SERVICES CAUSED DIRECTLY OR INDIRECTLY BY YOUR SYSTEMS OR ANY THIRD PARTY SERVICE, SERVICE PROVIDER, NETWORK, INFORMATION, USER OR COMPUTING RESOURCE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF MERCHANTABILITYYOUR DATA (INCLUDING BUT NOT LIMITED TO ERRORS IN OR FAILURES OF THE MEDIA OR STORAGE DEVICES USED TO STORE YOUR DATA); (IV) ANY USAGE OF STORAGE CAPACITY IN EXCESS OF THE STORAGE CAPACITY YOU HAVE REQUESTED AND ANY FAILURE OR ERROR IN THE SERVICES RESULTING THEREFROM; OR (V) ANY OTHER ACT OR OMISSION OF ANY THIRD PARTY. (b) THIRD PARTY SUPPLIER WILL USE REASONABLE EFFORT TO SAFEGUARD YOUR DATA IN ACCORDANCE WITH STANDARDS USED FOR ITS OTHER CUSTOMERS GENERALLY. HOWEVER, FITNESS FOR A PARTICULAR PURPOSENO SECURITY MEASURE IS OR CAN OFFER ABSOLUTE PROTECTION. CONSEQUENTLY, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, WE CANNOT REPRESENT OR WARRANT THAT THE REPORT YOUR DATA WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSSECURE AT ALL TIMES.

Disclaimers. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NEITHER PEMBROKE PARTY MAKES ANY REPRESENTATION OR WARRANTY TO THE OTHER PARTY. WITHOUT LIMITING THE FOREGOING: (I) CITY SHALL NOT BE RESPONSIBLE FOR, NOR INCUR ANY LIABILITY FOR, ANY SECURITY AT ANY LOCATION WHERE THE E-SCOOTERS ARE STORED, PARKED, OR OTHERWISE MAINTAINED AND SPIN HEREBY WAIVES ANY CLAIM AGAINST CITY IN THE EVENT THAT ANY E-SCOOTER IS LOST OR DAMAGED; AND (II) SPIN PROVIDES THE SCOOTER SHARE SERVICES, THE USAGE DATA AND ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTENINFORMATION HEREUNDER "AS-IS" WITH NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLEAND SPIN DISCLAIMS ALL OTHER WARRANTIES, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIESCONDITIONS OF ANY KIND, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESWHETHER EXPRESS, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYNONINFRINGEMENT, NON- INTERFERENCEQUIET ENJOYMENT, QUALITYINTEGRATION AND WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, TITLE, NON-INFRINGEMENT, OR THAT TO THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING CLICKED PROVIDES THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED SERVICE ON AN “AS IS” AND “WITH ALL FAULTS.AS AVAILABLE” PEMBROKE MAKES BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO REPRESENTATIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, OTHERWISE WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISESERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, PURPOSE OR NON-INFRINGEMENT. CLICKED DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE REPORT SERVICES WILL BE TIMELYACCURATE. CLICKED TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD-PARTY POSTS, SECURE, UNINTERRUPTED SENDS OR ERROR-FREE, FREE FROM VIRUSES RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSOTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

Disclaimers. NEITHER PEMBROKE NOR EXCEPT AS PROVIDED IN THIS SECTION 15, THE SERVICES HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH SUM+IT WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. SUM+IT DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SOFTWARE OR THE SERVICES, OR THAT THE SOFTWARE OR THE SERVICES WILL MEET CLIENT'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE AND THE DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SUM+IT EXPRESSLY DISCLAIMS ALL OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTENWHETHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEOR STATUTORY, REGARDING THE REPORT OR SOFTWARE AND THE SERVICES, INCLUDING ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-PURPOSE AND INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES . NO REPRESENTATION OR OTHER HARMFUL COMPONENTSAFFIRMATION OF FACT, REGARDING THE SOFTWARE OR MEET PURCHASER’S REQUIREMENTSTHE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF SUM+IT WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN THIS AGREEMENT.

Disclaimers. EXCEPT FOR THE LIMITED WARRANTIES EXPRESSLY PROVIDED IN SECTIONS 10.1 (MUTUAL WARRANTIES) THROUGH 10.3 (CUSTOMER WARRANTIES), NEITHER PEMBROKE NOR PARTY MAKES ANY WARRANTIES OF ANY KIND AND EACH PARTY SPECIFICALLY DISCLAIMS ALL OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTENWHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE REPORT WILL BE TIMELYSERVICES AND PLATFORM ARE DESIGNED SOLELY TO SUPPORT CUSTOMER’S INTERNAL PROCESSES (“CUSTOMER OPERATIONS”). THE SERVICES AND PLATFORM DO NOT AND CANNOT IDENTIFY EVERY POTENTIAL RISK OR PREVENT ALL EVENTS THAT COULD LEAD TO DEATH, SECUREPERSONAL INJURY, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES PROPERTY OR ENVIRONMENTAL DAMAGE OR OTHER HARMFUL COMPONENTSHARM. IN NO EVENT WILL EXPERLOGIX OR ANY EXPERLOGIX PERSONNEL BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, HARM, DAMAGE, OR MEET PURCHASER’S REQUIREMENTSLIABILITY RESULTING FROM CUSTOMER OPERATIONS. CUSTOMER ASSUMES SOLE RISK AND LIABILITY FOR ANY HARM, LOSS, DAMAGE, OR LIABILITY RESULTING FROM CUSTOMER OPERATIONS AND CUSTOMER SHALL INDEMNIFY AND HOLD EXPERLOGIX HARMLESS FROM ANY CLAIMS WITH RESPECT TO OR ARISING FROM SUCH EVENTS.

Disclaimers. NEITHER PEMBROKE NOR EXCEPT AS PROVIDED IN THIS SECTION 15, THE SOFTWARE AND THE SERVICES HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH EASTBAY WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. EASTBAY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SOFTWARE OR THE SERVICES, OR THAT THE SOFTWARE OR THE SERVICES WILL MEET CLIENT'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE AND THE DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EASTBAY EXPRESSLY DISCLAIMS ALL OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTENWHETHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEOR STATUTORY, REGARDING THE REPORT OR SOFTWARE AND THE SERVICES, INCLUDING ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-PURPOSE AND INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES . NO REPRESENTATION OR OTHER HARMFUL COMPONENTSAFFIRMATION OF FACT, REGARDING THE SOFTWARE OR MEET PURCHASER’S REQUIREMENTSTHE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF EASTBAY WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN THIS AGREEMENT.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT17.a. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR EXCEPT AS EXPRESSLY PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY OR THE PRESENT OR FUTURE METHODOLOGYGUARANTEE OF ANY KIND, PROCESSWHETHER EXPRESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADESTATUTORY, OR OTHERWISE, INCLUDINGAND EACH PARTY SPECIFICALLY DISCLAIMS ALL WARRANTIES, BUT NOT LIMITED TOWHETHER IMPLIED, THE EXPRESS, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF 17.b. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ALL SERVICES, SUPPORT AND ANY OTHER MATERIAL ARE PROVIDED BY CLOUDSAVER ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLOUDSAVER MAKES NO REPRESENTATION OR WARRANTY, AND HAS NO SUPPORT OBLIGATIONS OR LIABILITY, WITH RESPECT TO ANY CUSTOMER COMPONENT. WITHOUT LIMITING THE OTHER PROVISIONS OF THIS SECTION 17, CLOUDSAVER MAKES NO WARRANTY OF ANY KIND THAT THE REPORT WILL BE TIMELYSERVICES, SECUREDOCUMENTATION, UNINTERRUPTED ANCILLARY TOOLS OR ERROR-FREE, FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTSMATERIAL, OR RESULTS OF THE USE THEREOF, WILL: (a) MEET PURCHASERCUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS; (b) OPERATE WITHOUT INTERRUPTION; (c) ACHIEVE ANY INTENDED RESULT; (d) BE ERROR FREE OR (e) BE COMPATIBLE, WORK WITH OR CONTINUE TO WORK WITH CUSTOMER COMPONENTS. ANY CHANGES TO CUSTOMER COMPONENTS (INCLUDING THEIR UNAVAILABILITY) OR THIRD-PARTY TERMS DURING AN ORDER TERM DO NOT AFFECT CUSTOMER’S OBLIGATIONS UNDER THE APPLICABLE ORDER OR THIS AGREEMENT.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE THE APPLICATION IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED, Dynasty 11 Studios Inc. DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTENINCLUDING EXPRESS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSESTATUTORY WARRANTIES, REGARDING (A) THE REPORT OR APPLICATION; AND (B) ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONSPRODUCTS AND SERVICES OFFERED THROUGH THE APPLICATION, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYTITLE, NON- INTERFERENCEINFRINGEMENT OF THIRD PARTY RIGHTS, QUALITYAND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. DYNASTY 11 STUDIOS INC. MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL OR CONTENT DISPLAYED ON OR OFFERED THROUGH THE APPLICATION IS ACCURATE, TITLECOMPLETE, NON-INFRINGEMENTAPPROPRIATE, RELIABLE, OR TIMELY. DYNASTY 11 STUDIOS INC. ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE REPORT APPLICATION WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-ERROR- FREE, FREE FROM VIRUSES OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSOTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimers. NEITHER PEMBROKE NOR EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NCQA AND ITS DIRECTORS, OFFICERS, LICENSORS, SUBCONTRACTORS AND AGENTS (“NCQA PARTIES”) DISCLAIM ALL WARRANTIES OF ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTENKIND, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE AND SERVICES OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENTINFRINGEMENT AND ACCURACY; (B) NEITHER NCQA NOR ANY NCQA PARTY WARRANTS THAT THE SOFTWARE AND SERVICES ARE, OR THAT WILL BE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS; (C) USER ASSUMES THE REPORT WILL BE TIMELYENTIRE COST OF ALL NECESSARY SERVICING, SECURE, UNINTERRUPTED REPAIR OR ERROR-FREE, FREE FROM CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR MEET PURCHASERVIRUSES ARE THE DIRECT RESULT OF NCQA’S REQUIREMENTSGROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) EACH OF NCQA AND THE NCQA PARTIES DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS OR EFFECTIVENESS OF THE REPORTS, DATA, SCORES, RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY USER FROM ACCESSING AND/OR USING THE SOFTWARE AND/OR SERVICES OR OTHERWISE RESULTING FROM THIS AGREEMENT, AND (E) USE OF THE SOFTWARE, SERVICES AND REPORTS IS ENTIRELY AT USER’S OWN RISK, AND NCQA AND EACH OF NCQA PARTIES SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFORE.

Disclaimers. NEITHER PEMBROKE NOR ANY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EXPRESS WARRANTIES SET FORTH IN SECTION 15 AND THE TERMS OF SERVICE ARE IN LIEU OF ALL OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. EVERNOTE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT OF THE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EITHER PARTY HERETO, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES IN THIS AGREEMENT. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, EVERNOTE DOES NOT WARRANT THAT THE REPORT EVERNOTE SOFTWARE OR EVERNOTE TEAMS SERVICE WILL MEET ALL REQUIREMENTS OF CUSTOMER OR ANY END USER, OR THAT THE OPERATION OF THE EVERNOTE SOFTWARE OR EVERNOTE TEAMS SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-ERROR FREE, FREE OR THAT ALL DEFECTS IN THE EVERNOTE SOFTWARE AND EVERNOTE TEAMS SERVICE WILL BE CORRECTED. FURTHER, EVERNOTE IS NOT RESPONSIBLE FOR ANY DEFECT OR ERROR RESULTING FROM VIRUSES THE MODIFICATION, MISUSE OR DAMAGE OF ANY OF THE EVERNOTE SOFTWARE NOT DELIVERED BY EVERNOTE. EVERNOTE DOES NOT WARRANT AND SHALL HAVE NO LIABILITY WITH RESPECT TO THIRD PARTY SOFTWARE OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSNON - EVERNOTE PRODUCTS.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING DOJO ENTERTAINMENT PROVIDES THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED SERVICE ON AN “AS IS” AND “WITH ALL FAULTS.AS AVAILABLE” PEMBROKE MAKES BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO REPRESENTATIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, OTHERWISE WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISESERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, PURPOSE OR NON-INFRINGEMENT. DOJO ENTERTAINMENT DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE REPORT SERVICE WILL BE TIMELYACCURATE. DOJO ENTERTAINMENT TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SECURE, UNINTERRUPTED SENDS OR ERROR-FREE, FREE FROM VIRUSES RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSOTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESGenerally. THE SERVICES, ORAL OR WRITTENSOFTWARE, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT RELATED DOCUMENTATION ARE OFFERED PROVIDED “AS IS” AND ON AN “WITH ALL FAULTS.AS AVAILABLE” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIESBASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, DROPBOX AND ITS AFFILIATES, SUPPLIERS, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESDISTRIBUTORS MAKE NO WARRANTY OF ANY KIND, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCTWHETHER EXPRESS, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEUSE, ACCURACYOR NON- INFRINGEMENT. DROPBOX MAKES NO REPRESENTATION, NON- INTERFERENCEWARRANTY OR GUARANTEE THAT SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, QUALITYTHAT CUSTOMER DATA WILL BE ACCURATE, TITLECOMPLETE, NON-INFRINGEMENTOR PRESERVED WITHOUT LOSS, OR THAT THE REPORT SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE. DROPBOX WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CUSTOMER PROPERTIES, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSCUSTOMER DATA, THIRD- PARTY PRODUCTS, THIRD-PARTY CONTENT, OR MEET PURCHASER’S REQUIREMENTSNON-DROPBOX SERVICES (INCLUDING FOR ANY DELAYS, INTERRUPTIONS, TRANSMISSION ERRORS, SECURITY FAILURES, AND OTHER PROBLEMS CAUSED BY THESE ITEMS). CUSTOMER IS RESPONSIBLE FOR USING THE SERVICES OR SOFTWARE IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN AND BACKING UP ANY STORED DATA ON THE SERVICES.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESEXCEPT AS EXPRESSLY PROVIDED IN SECTION 17.1, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, BRIGHTCLOUD SERVICE, MATERIALDELIVERY SOFTWARE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT CONTEXTUAL DATA, DATA TYPES, BROWSER INTERFACE, DOCUMENTATION, AND PROFESSIONAL SERVICES ARE OFFERED PROVIDED “AS IS” AND “WITH WEBROOT AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL FAULTS.” PEMBROKE MAKES NO WARRANTIES AND REPRESENTATIONS OR WARRANTIESOF ANY KIND, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENTFUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WEBROOT DOES NOT AND CANNOT WARRANT THAT ANY CONTEXTUAL DATA OR ANY DATA TYPE IS COMPLETE, ACCURATE, OR CURRENT. IN ADDITION, THE REPORT COMPONENTS, ALGORITHMS, AND MACHINE LEARNING UNDERLYING AND CONSTITUTING THE BASIS FOR ANY CONTEXTUAL DATA OR ANY DATA TYPE ARE CONSTANTLY CHANGING AND WEBROOT DOES NOT WARRANT THAT ANY CLASSIFICATIONS ARE CORRECT OR COMPLETE. WEBROOT DOES NOT WARRANT THAT ACCESS TO THE BRIGHTCLOUD SERVICE WILL BE TIMELYCONTINUOUS OR UNINTERRUPTED, MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, OR BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES, INFORMATION, MATERIALS OR OTHER MATTER (INCLUDING ANY SOFTWARE, HARDWARE, FIRMWARE, SYSTEM OR NETWORK), OR BE SECURE, UNINTERRUPTED ACCURATE, COMPLETE, OR ERRORERROR FREE. ALL OPEN-FREE, FREE FROM VIRUSES SOURCE SOFTWARE AND OTHER THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY COPYRIGHT OWNER OR DISTRIBUTOR OF SUCH OPEN-SOURCE SOFTWARE OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSTHIRD-PARTY MATERIALS.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT OUR SERVICES ARE OFFERED PROVIDED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR WARRANTIESIMPLIED, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, NON- INTERFERENCECOURSE OF PERFORMANCE OR USAGE OF TRADE, QUALITYAND ANY WARRANTIES THAT THE INFORMATION AND SERVICES ARE CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, TITLE, NON-INFRINGEMENTREPRESENTATION OR GUARANTEE THAT OUR SERVICES, OR THAT THE REPORT YOUR USE OF OUR SERVICES, WILL BE TIMELYUNINTERRUPTED, SECURECOMPLETE, UNINTERRUPTED OR ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT OUR SERVICES, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE FROM OUR SERVICES, IS FREE FROM OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MEET PURCHASER’S REQUIREMENTSMAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF OUR SERVICES, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR EXCEPT AS EXPRESSLY PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY OR THE PRESENT CONDITION OR FUTURE METHODOLOGYOTHER TERM OF ANY KIND, PROCESSWHETHER EXPRESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE AND EACH PARTY SPECIFICALLY DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES OR CONDITIONS OR OTHER TERMS, INCLUDING ANY STATUTORY OR IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIRD PARTY SERVICES AND BETA SERVICES ARE PROVIDED “AS IS,” AND AS AVAILABLE, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. XXXXXXXX DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR FREE OR WITHOUT INTERRUPTION OR DELAY, THAT THE SERVICES WILL MEET ALL OF CUSTOMER’S REQUIREMENTS, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED SERVICES SATISFY ALL APPLICABLE LAWS OR ERROR-FREE, FREE FROM VIRUSES REGULATORY REQUIREMENTS THAT ARE APPLICABLE TO CUSTOMER. XXXXXXXX DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSDAMAGES CAUSED BY ANY DATA CENTER SERVICE PROVIDER.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE SERVICE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED PROVIDED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR WARRANTIESIMPLIED, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORALINCLUDING, ARISING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR OTHERWISEUP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, INCLUDINGREPRESENTATION, BUT NOT LIMITED TOOR GUARANTEE THAT THE SERVICE, OR YOUR USE OF THE IMPLIED WARRANTIES OF MERCHANTABILITYSERVICE, FITNESS FOR A PARTICULAR PURPOSEWILL BE UNINTERRUPTED, ACCURACYCOMPLETE, NON- INTERFERENCEACCURATE, QUALITYCURRENT, TITLERELIABLE, NONERROR-INFRINGEMENTFREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE REPORT WILL BE TIMELYSERVICE, SECUREOR ANY INFORMATION, UNINTERRUPTED SOFTWARE, OR ERROR-FREEOTHER MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE FROM OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MEET PURCHASER’S REQUIREMENTSMAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, AND YOUR RELIANCE THEREON.

Disclaimers. NEITHER PEMBROKE NOR ANY THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PBX/EX DOES NOT WARRANT THAT THE PROGRAMS WILL MEET CUSTOMER'S REQUIREMENTS, REGARDING THAT THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE PROGRAMS WILL OPERATE IN THE COMBINATIONS THAT CUSTOMER MAY SELECT FOR BUSINESS DECISIONSUSE, DAMAGES OR OTHER LOSSES RESULTING FROM USE THAT THE OPERATION OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT PROGRAMS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSTHAT ALL PROGRAM ERRORS WILL BE CORRECTED. ANY LIMITED PRODUCTION PROGRAMS OR PRE-PRODUCTION RELEASES OF PROGRAMS ARE DISTRIBUTED ON AN "AS-IS" BASIS. BY ACCEPTING THIS AGREEMENT, CUSTOMER ACKNOWLEDGES THAT THE USE LICENSE REPRESENTED BY THIS AGREEMENT IS ONLY GRANTED BY PBX/EX TO CUSTOMER FOR SUCH PROGRAMS AS PBX/EX MAY EXCLUSIVELY OWN IN ITS OWN RIGHT. USE OF PBX/EX'S PROGRAMS ENCOMPASSED BY THIS AGREEMENT REQUIRE THIRD-PARTY SOFTWARE AND HARDWARE FOR PROPER OPERATION. IT IS CUSTOMER'S SOLE RESPONSIBILITY TO OBTAIN AND MAINTAIN THE RIGHTS TO USE ALL SUCH THIRD PARTY SOFTWARE AND HARDWARE DURING THE TERM OF THIS AGREEMENT AND ANY EXTENSION OR MEET PURCHASER’S REQUIREMENTSRENEWAL HEREOF.

Disclaimers. NEITHER PEMBROKE NOR EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE PLATFORM AND CONTENT IS LICENSED, AND PROFESSIONAL SERVICES ARE PROVIDED, ON AN AS-IS BASIS WITHOUT ANY OTHER EXPRESS OR IMPLIED WARRANTIES. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, LEARNING EXPLORER, ITS THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR AND IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT MERCHANTABILITY AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIESNON-INFRINGEMENT, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, PERFORMANCE OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. LEARNING EXPLORER, ITS THIRD PARTY LICENSORS AND SUPPLIERS DO NOT WARRANT THAT THE PLATFORM, CONTENT OR OTHERWISEPROFESSIONAL SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, INCLUDINGBE COMPATIBLE WITH ANY APPLICATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENTHARDWARE OR ENVIRONMENT, OR THAT THE REPORT OPERATION OF PLATFORM WILL BE TIMELYUNINTERRUPTED, SECURE, UNINTERRUPTED OR ERROR-FREEFREE OR COMPLETELY SECURE. LEARNING EXPLORER, FREE FROM VIRUSES ITS THIRD PARTY LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE OR OTHER HARMFUL COMPONENTSLIABLE FOR LOSS, CORRUPTION OR MEET PURCHASER’S REQUIREMENTSDESTRUCTION OF DATA.

Disclaimers. NEITHER PEMBROKE NOR 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE VicoVR SDK IS AT YOUR SOLE RISK AND THAT THE VicoVR SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM 3DiVi. 9.2 YOUR USE OF THE VicoVR SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VicoVR SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER THIRD PARTY PARTNERS DEVICE OR LOSS OF PEMBROKE MAKE DATA THAT RESULTS FROM SUCH USE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT THE VicoVR SDK IS NOT A STABLE RELEASE AND MAY CONTAIN ERRORS, DEFECTS AND SECURITY VULNERABILITIES THAT CAN RESULT IN SIGNIFICANT DAMAGE, INCLUDING THE COMPLETE, IRRECOVERABLE LOSS OF USE OF YOUR COMPUTER SYSTEM OR OTHER DEVICE. 9.3 3DiVi FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY REPRESENTATIONS OR WARRANTIESKIND, ORAL OR WRITTEN, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSPURPOSE AND NON­INFRINGEMENT.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESEXCEPT AS PROVIDED IN THIS SECTION 8, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT SERVICES HEREUNDER ARE OFFERED PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “WITH ALL FAULTS.AS IS” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH BASIS OF THIS AGREEMENT, WITHOUT WHICH EASTBAY WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. EASTBAY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE PRESENT OR FUTURE METHODOLOGY, PROCESSSERVICES, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THAT THE REPORTSERVICES WILL MEET CLIENT'S REQUIREMENTS OR THAT THE DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EASTBAY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, EXPRESS WARRANTIES, WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, WRITTEN OR ORALREGARDING THE SERVICES, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-PURPOSE AND INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES . NO REPRESENTATION OR OTHER HARMFUL COMPONENTSAFFIRMATION OF FACT, REGARDING THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR MEET PURCHASER’S REQUIREMENTSGIVE RISE TO ANY LIABILITY OF EASTBAY WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN THIS AGREEMENT.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE SERVICE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED PROVIDED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR WARRANTIESIMPLIED, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORALINCLUDING, ARISING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR OTHERWISEUP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. RESONEA DOES NOT PROVIDE MEDICAL ADVICE AND YOUR USE OF THE SERVICE OR YOUR PURCHASE OF ANY PRODUCTS OR SERVICES THROUGH THE SERVICE DOES NOT CREATE A PHYSICIAN- PATIENT RELATIONSHIP BETWEEN US. THERE IS NO WARRANTY, INCLUDINGREPRESENTATION, BUT NOT LIMITED TOOR GUARANTEE THAT THE SERVICE, OR YOUR USE OF THE IMPLIED WARRANTIES OF MERCHANTABILITYSERVICE, FITNESS FOR A PARTICULAR PURPOSEWILL BE UNINTERRUPTED, ACCURACYCOMPLETE, NON- INTERFERENCEACCURATE, QUALITYCURRENT, TITLERELIABLE, NONERROR-INFRINGEMENTFREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE REPORT WILL BE TIMELYSERVICE, SECUREOR ANY INFORMATION, UNINTERRUPTED SOFTWARE, OR ERROR-FREEOTHER MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE FROM OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MEET PURCHASER’S REQUIREMENTSMAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, AND YOUR RELIANCE THEREON.

Disclaimers. NEITHER PEMBROKE NOR ANY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” AND KARROT MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, EXPRESS ORAL, EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, SYSTEM INTEGRATION, DATA ACCURACY, MERCHANTABILITY, TITLE, NON-INFRINGEMENTNONINFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. XXXXXX DOES NOT WARRANT THAT ANY ERRORS CAN BE CORRECTED, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE THAT OPERATION OF THE REPORT AND KARROT PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. KARROT EXPRESSLY DISCLAIMS ANY OTHER PRODUCTLIABILITY FOR CLIENT CONTENT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR INCLUDING CLIENT CONTENT UPLOADED TO THE KARROT PLATFORM FOR USE IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS THE PROGRAM PARTICIPANT PORTAL. XXXXXX FURTHER DISCLAIMS ANY LIABILITY OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE RESPONSIBILITY FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISEREWARD FULFILLMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES DISTRIBUTION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSREWARDS.

Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PEMBROKE NOR PARTY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTENWHETHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OR WE DO NOT WARRANT THAT THE REPORT SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICES WILL BE TIMELYUNINTERRUPTED, SECURE, UNINTERRUPTED TIMELY OR ERROR-FREE, FREE THAT THE RESULTS THAT MAY BE OBTAINED FROM VIRUSES THE USE OF THE SERVICES WILL BE COMPLETE, ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER HARMFUL COMPONENTS, MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET PURCHASER’S REQUIREMENTSYOUR EXPECTATIONS OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. CONTENT AND BETA SERVICES ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY PROVIDERS.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THE SITE, USER CONTENT, THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESSERVICES, ORAL OR WRITTENAND ALL PRODUCT AND SERVICES SOLD THROUGH THE SITE (COLLECTIVELY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON“SITE PRODUCTS”) ARE MADE AVAILABLE “AS-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS AS AVAILABLE”. WE DO NOT GUARANTEE OR WARRANTIESPROMISE ANY SPECIFIC RESULTS FROM USE OF SITE PRODUCTS. COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. IN PARTICULAR, COMPANY AND ITS AFFILIATES MAKE NO WARRANTY THAT THE SITE OR USER CONTENT OR THIRD PARTY SERVICES, OR THAT THE REPORT YOUR ACCESS TO OR USE THEREOF, WILL BE TIMELYUNINTERRUPTED, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSTIMELY, ACCURATE, SECURE, OR MEET PURCHASER’S REQUIREMENTSRELIABLE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY CONSEQUENCES OF ANY UNAUTHORIZED USE OF SITE PRODUCTS THAT VIOLATES ANY APPLICABLE LAW OR REGULATION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Disclaimers. 8.1 Neither UT-Battelle, the DOE, nor any persons acting on their behalf shall be responsible for any injury to or death of persons or other living things or damage to or destruction of property or for any other loss, damage, or injury of any kind whatsoever resulting from the manufacture, manufacture for, use, sale, or offer for sale of any Products or Proprietary Rights hereunder by Licensee, Licensee's Affiliates, or any Sublicensee of Licensee or Licensee's Affiliates. In no event will UT-Battelle, the DOE, or any person acting on behalf of any of them be liable for any incidental, special or consequential damages resulting from the license granted pursuant to this Agreement or the use or commercial development of the Proprietary Rights. 8.2 EXCEPT AS SET FORTH HEREINABOVE, NEITHER PEMBROKE UT-BATTELLE, THE DOE, NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE PERSONS ACTING ON THEIR BEHALF MAKE ANY REPRESENTATIONS WARRANTY, EXPRESS OR IMPLIED: (1) WITH RESPECT TO THE MERCHANTABILITY, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER; (2) THAT THE USE OF ANY SUCH SERVICES, MATERIALS, OR INFORMATION WILL NOT INFRINGE PRIVATELY OWNED RIGHTS; (3) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL NOT RESULT IN INJURY OR DAMAGE WHEN USED FOR ANY PURPOSE; OR (4) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL ACCOMPLISH THE INTENDED RESULTS OR ARE SAFE FOR ANY PURPOSE, INCLUDING THE INTENDED OR PARTICULAR PURPOSE. FURTHERMORE, UT-BATTELLE AND THE DOE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLEFOR ANY PRODUCTS MANUFACTURED, NON-INFRINGEMENTMANUFACTURED FOR, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIALUSED, OR INFORMATION OFFERED SOLD BY PEMBROKE UNDER LICENSEE, Licensee's Affiliates, or any Sublicensee of Licensee or Licensee's Affiliates. NEITHER UT-BATTELLE NOR THE DOE SHALL BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTSANY EVENT.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES 8.3 Licensee agrees to indemnify UT-Battelle, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESthe DOE, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCTand persons acting on their behalf for all damages, SERVICEcosts, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENTand expenses, OR THE PRESENT OR FUTURE METHODOLOGYincluding attorney's fees, PROCESSarising from Licensee's, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORTit's Affiliates' or Sublicensees' manufacturing, EXPRESS OR IMPLIEDmanufacturing for, WRITTEN OR ORALusing, ARISING FROM COURSE OF DEALINGselling, COURSE OF PERFORMANCEor offering for sale of any Proprietary Rights or Products, USAGE OF TRADEin whatever form furnished hereunder by Licensee, OR OTHERWISELicensee's Affiliates, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSor any Sublicensee of Licensee or Licensee's Affiliates.

Disclaimers. NEITHER PEMBROKE NOR ANY THE SERVICES, DUOCIRCLE PROPERTIES, THE DUOCIRCLE MARKS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, DATA OR INFORMATION OFFERED PROVIDED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT DUOCIRCLE ARE OFFERED PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” PEMBROKE WITHOUT WARRANTY. DUOCIRCLE MAKES NO REPRESENTATIONS OR WARRANTIESWARRANTIES HEREUNDER, AND DUOCIRCLE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS WARRANTIES OF ANY KIND, BOTH EXPRESS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYTITLE, NON- INTERFERENCEABSENCE OF LIEN, QUALITYENCUMBRANCE OR SECURITY INTEREST, TITLEQUIET ENJOYMENT, NON-INFRINGEMENTINFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. DUOCIRCLE DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE REPORT DATA YOU STORE WITH OR IN CONNECTION WITH THE SERVICES WILL BE TIMELYSECURE OR NOT OTHERWISE LOST OR DAMAGED. DUOCIRCLE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, SECUREINCLUDING, UNINTERRUPTED OR ERROR-FREEWITHOUT LIMITATION, FREE FROM VIRUSES POWER OUTAGES, SYSTEM FAILURES OR OTHER HARMFUL COMPONENTS, INTERRUPTIONS. NO ADVICE OR MEET PURCHASER’S REQUIREMENTSINFORMATION OBTAINED BY YOU FROM DUOCIRCLE OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESEXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED IN THIS SECTION 6, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT SERVICES ARE OFFERED PROVIDED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE AS AVAILABLE, AND MEDICOM MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EITHER EXPRESS OR IMPLIEDIMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, SATISFACTORY QUALITY, TITLEQUIET ENJOYMENT, NON-INFRINGEMENTNONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING MEDICOM DOES NOT WARRANT THAT THE SERVICES WILL PERFORM WITHOUT ERROR OR INTERRUPTION OR BE FREE OF HARMFUL COMPONENTS, WILL MEET CUSTOMER’S REQUIREMENTS, OR BE TIMELY OR SECURE, OR THAT THE REPORT ANY CONTENT, INCLUDING CUSTOMER DATA OR ANY THIRD PARTY CONTENT, WILL BE TIMELYSECURE OR NOT OTHERWISE LOST OR DAMAGED. CUSTOMER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF MEDICOM TO ANY THIRD PARTY. MEDICOM IS NOT RESPONSIBLE FOR ANY DECISION MADE OR ACTION TAKEN BY CUSTOMER, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSEND USERS, OR MEET PURCHASER’S REQUIREMENTSANY OTHER PERSON, IN RELIANCE UPON THE SERVICES OR MATERIALS.

Disclaimers. NEITHER PEMBROKE NOR ANY EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, EACH PARTY HEREBY DISCLAIMS ALL OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTENEXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. OPENCOUNTER DOES NOT WARRANT THAT THE HOSTED SERVICES WILL MEET CITY’S REQUIREMENTS, WILL BE ERROR-FREE OR SECURE, OR THAT THE REPORT HOSTED SERVICES WILL BE TIMELYUNINTERRUPTED. OPENCOUNTER DOES NOT WARRANT THAT ANY APPLICATION DATA INPUT INTO THE HOSTED SERVICES WILL BE ACCURATE OR FREE OF ERRORS, THE OPERATION OF THE HOSTED SERVICES WILL BE COMPLETELY SECURE, UNINTERRUPTED ERROR FREE OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSUNINTERRUPTED, OR MEET PURCHASER’S REQUIREMENTSALL ERRORS WILL BE CORRECTED. CITY ASSUMES ALL RISK OF DELAYS OR INTERRUPTIONS IN ACCESS TO OR USE OF THE HOSTED SERVICE RESULTING FROM USE OF THE INTERNET AND/OR TELECOMMUNICATIONS TO ACCESS THE HOSTED SERVICE, AND OPENCOUNTER SHALL HAVE NO LIABILITY FOR ANY SUCH DELAYS OR INTERRUPTION.

Disclaimers. NEITHER PEMBROKE WKH NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE WKH MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT SERVICE OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE WKH IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT SERVICE AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE WKH UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE WKH MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT SERVICE AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE WKH UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE WKH FOR PROVIDING THE REPORTSERVICE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- NON-INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENTNONINFRINGE- MENT, OR THAT THE REPORT SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASERREQUEST- ER’S REQUIREMENTS.

Disclaimers. 8.1 Neither UT-BATTELLE, the DOE, nor any persons acting on their behalf shall be responsible for any injury to or death of persons or other living things or damage to or destruction of property or for any other loss, damage, or injury of any kind whatsoever resulting from Licensee's use or sale of any Process, Licensee's manufacture, use, sale or import of any Products or Proprietary Rights, or the manufacture, use, sale or import for Licensee of any Products hereunder. 8.2 EXCEPT AS SET FORTH HEREINABOVE, NEITHER PEMBROKE UT-BATTELLE, THE DOE, NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE PERSONS ACTING ON THEIR BEHALF MAKE ANY REPRESENTATIONS WARRANTY, EXPRESS OR IMPLIED: (1) WITH RESPECT TO THE MERCHANTABILITY, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER; (2) THAT THE USE OF ANY SUCH SERVICES, MATERIALS, OR INFORMATION WILL NOT INFRINGE PRIVATELY OWNED RIGHTS; (3) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL NOT RESULT IN INJURY OR DAMAGE WHEN USED FOR ANY PURPOSE; OR (4) THAT THE SERVICES, MATERIALS, OR INFORMATION FURNISHED HEREUNDER WILL ACCOMPLISH THE INTENDED RESULTS OR ARE SAFE FOR ANY PURPOSE, INCLUDING THE INTENDED OR PARTICULAR PURPOSE. FURTHERMORE, UT-BATTELLE AND THE DOE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLEFOR ANY PROCESSES USED OR SOLD, NON-INFRINGEMENTPRODUCTS MANUFACTURED, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEUSED, REGARDING THE REPORT SOLD OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIALIMPORTED BY, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIESPRODUCTS MANUFACTURED, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESUSED, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCTSOLD, SERVICEDISTRIBUTED, OR INFORMATION OFFERED BY PEMBROKE UNDER IMPORTED FOR LICENSEE. NEITHER UT-BATTELLE NOR THE DOE SHALL BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CONNECTION WITH THIS AGREEMENTANY EVENT. 8.3 Licensee agrees to indemnify UT-BATTELLE, OR THE PRESENT OR FUTURE METHODOLOGYthe DOE, PROCESSand persons acting on their behalf for all damages, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORTcosts, EXPRESS OR IMPLIEDand expenses, WRITTEN OR ORALincluding attorney's fees, ARISING FROM COURSE OF DEALINGarising from, COURSE OF PERFORMANCEbut not limited to, USAGE OF TRADELicensee's making, OR OTHERWISEusing, INCLUDINGselling, BUT NOT LIMITED TOdistributing, THE IMPLIED WARRANTIES OF MERCHANTABILITYor importing of, FITNESS FOR A PARTICULAR PURPOSEor the making, ACCURACYusing, NON- INTERFERENCEselling, QUALITYdistributing or importing on behalf of Licensee any Proprietary Rights or Products and Processes, TITLEin whatever form furnished hereunder, NONexcept for damages, costs and expenses arising out of UT-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSBATTELLE's gross negligence or willful misconduct.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR (a) THE TOTOGI IP, THE SERVICES, THE DOCUMENTATION IS PROVIDED ON A STRICTLY “AS-IS” BASIS, AND TOTOGI HEREBY DISCLAIMS ALL WARRANTIES, ORAL OR WRITTENWHETHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADESTATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE . XXXXXX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. XXXXXX MAKES NO WARRANTY OF ANY KIND THAT THE REPORT TOTOGI IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE TIMELYCOMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, UNINTERRUPTED OR ERROR-FREEACCURATE, COMPLETE, FREE FROM VIRUSES OR OTHER OF HARMFUL COMPONENTSCODE, OR MEET PURCHASER’S REQUIREMENTSERROR FREE. (b) ALL OPEN-SOURCE COMPONENTS AND OTHER THIRD-PARTY PRODUCTS ARE PROVIDED ON A STRICTLY "AS-IS" AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF SUCH OPEN SOURCE COMPONENTS AND THIRD-PARTY PRODUCTS.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESTHE SERVICES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY THE SEARCH RESULTS AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ALL PARTS THEREOF ARE OFFERED “PROVIDED ‘AS IS” AND “’, ‘WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES’, AND ‘AS AVAILABLE’ BASIS AT YOUR SOLE RISK AND WITHOUT ANY REPRESENTA- TIONS, WARRANTIES OR CONDITIONS OF ANY KIND EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.2. GIANT OAK EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIESREPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT RESEPCT TO THE REPORT SERVICES AND ANY OTHER PRODUCTTHE SEARCH RESULTS, SERVICEINCLUDING WITHOUT LIMITATION (1) MERCHANTABILITY, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUIET EN- JOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, RELIABILITY, PERFORMANCE, ACCURACY, TIMELINESS, AVAILABILITY OR COMPLETENESS OF THE SERVICES AND THE SEARCH RESULTS, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THE SERVICES OR THE SEARCH RESULTS CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY GIANT OAK, AND (5) THAT ACCESS TO OR USE OF THE REPORT SERVICES AND THE SEARCH RESULTS WILL BE TIMELYUNINTERRUPTED, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSCOMPLETELY SECURE.

Disclaimers. NEITHER PEMBROKE NOR AS IS" BASIS. THE WEBSITE (INCLUDING ALL OF THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE) ARE PROVIDED TO YOU "AS IS." ANY OTHER THIRD PARTY PARTNERS USE OF PEMBROKE MAKE ANY REPRESENTATIONS THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEBULOUS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR WARRANTIESCONDITIONS, ORAL OR WRITTEN, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYTITLE AND NONINFRINGEMENT. NEBULOUS MAKES NO REPRESENTATIONS, NON- WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENTHACKING, OR THAT THE REPORT OTHER SECURITY INTRUSION, AND NEBULOUS DISCLAIMS ANY LIABILITY RELATING THERETO. WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE TIMELYACCURATE, SECURERELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREEWITHOUT ERRORS. WITHOUT PRIOR NOTICE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSNEBULOUS MAY MODIFY, SUSPEND, OR MEET PURCHASER’S REQUIREMENTSDISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR YOUR USE OF THIS WEBSITE. IF NEBULOUS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT THERE ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND WARRANTIES OF ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORTKIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY ANY PARTY (OR ANY OF ITS AFFILIATES), NOR SHALL ANY PARTY (OR ANY OF ITS AFFILIATES) HAVE ANY LIABILITY OF ANY NATURE, WITH REGARD TO THE VALUE, ADEQUACY, FREEDOM FROM COURSE FAULT OR INFRINGEMENT, QUALITY, EFFICIENCY, SUITABILITY, CHARACTERISTICS OR USEFULNESS OF DEALING(x) ANY MANUFACTURING PROCESSES, COURSE PRODUCTION METHODS, MANUFACTURING PATENTS, MANUFACTURING DATA, MANUFACTURING INFORMATION OR MANUFACTURING KNOW-HOW (INCLUDING, WITHOUT LIMITATION, ANY OF PERFORMANCEKB'S MANUFACTURING PROCESSES OR MANUFACTURING TECHNICAL INFORMATION FURNISHED HEREUNDER OR UNDER THE MASTER RESTRUCTURING AGREEMENT OR ANY OTHER ANCILLARY AGREEMENT) OR (y) ANY PRODUCTS (OR INTERMEDIATE FORMS THEREOF) MANUFACTURED, USAGE OF TRADE, USED OR OTHERWISESOLD HEREUNDER, INCLUDING, BUT NOT LIMITED TO, THE WITHOUT LIMITATION: (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY IMPLIED WARRANTIES ARISING FROM 52 58 COURSE OF PERFORMANCE, ACCURACYCOURSE OF DEALING OR USAGE IN THE TRADE; (iii) ANY WARRANTY OF DESCRIPTION OR OTHERWISE CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR SAMPLE OR MODEL; OR (iv) ANY CLAIMS BASED ON ALLEGATIONS OF INFRINGEMENT OR UNFAIR COMPETITION WITH RESPECT TO ANY PRODUCT OR ANY SUCH PROCESSES, NON- INTERFERENCEPRODUCTION METHODS, QUALITYPATENTS, TITLEDATA, NONINFORMATION OR KNOW-INFRINGEMENTHOW; AND ALL SUCH REPRESENTATIONS, WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, ARE HEREBY DISCLAIMED BY KB, KBI, TR AND EACH ALTERNATE PRODUCER AND BY EACH OF THEM ON BEHALF OF THEIR RESPECTIVE AFFILIATES; PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN THIS SECTION 10.04 SHALL BE DEEMED A WAIVER OF, OR THAT BE DEEMED TO LIMIT, THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSOBLIGATIONS OF ANY PARTY HEREUNDER.

Disclaimers. NEITHER PEMBROKE NOR ANY 12.3.1. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 14 (“WARRANTIES”), THE HIE SYSTEM AND ALL OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY SERVICES DESCRIBED HEREIN, INCLUDING, WITHOUT LIMITATION, THE DATA PROVIDED THROUGH THE HIE, ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTENWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. CORHIO DOES NOT WARRANT COMPATABILITY WITH ANY PARTICULAR HARDWARE OR SOFTWARE OR INTERCONNECTIBILITY WITH OTHER NETWORKS OR SYSTEMS, ACCURACYUNINTERRUPTED OR ERROR- FREE OPERATION. 12.3.2. XXXXXX WILL NOT BE HELD RESPONSIBLE FOR ANY DELAY, NON- INTERFERENCEFAILURE, QUALITYINTERRUPTION, TITLELOSS OR OTHER PROBLEM WITH ANY DATA OR THE HIE SYSTEM OR OTHER SERVICES ATTRIBUTABLE TO THE INTERNET OR PARTICIPANT’S, NON-INFRINGEMENTAUTHORIZED USERS’ OR ANY THIRD PARTY’S NETWORK OR THE ABILITY TO ACCESS THE SAME, TO THE EXTENT SUCH NETWORK OR ACCESS DELAY, FAILURE, INTERRUPTION, LOSS OR OTHER PROBLEM IS NOT ATTRIBUTED TO XXXXXX. 12.3.3. XXXXXX MAKES NO REPRESENTATION OR WARRANTY THAT THE REPORT DATA PROVIDED BY OTHER PARTICIPANTS THROUGH THE HIE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREECORRECT, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSERRORS, COMPLETE, OR MEET PURCHASER’S REQUIREMENTSUNINTERRUPTED.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS 9.4.1 EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH 9.1, 9.2 and 9.3 , PSIP DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLEMERCHANTABILITY, NON-INFRINGEMENT, MERCHANTABILITY TITLE AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND AGAINST INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, REGARDING PSIP DOES NOT WARRANT THAT ANY OF THE REPORT CURRENT RELEASES OR UPDATE RELEASES THAT IT PROVIDES WILL BE ERROR FREE OR OPERATE WITHOUT INTERRUPTION. PSIP DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY OTHER MATTER PERTAINING REPRESENTATION OR WARRANTY TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES ANY END USER OR OTHER LOSSES RESULTING FROM USE OF THIRD PARTY. SEC SHALL NOT HAVE THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, RIGHT TO MAKE OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIESPASS THROUGH, AND DISCLAIMS SHALL TAKE ALL REPRESENTATIONS MEASURES NECESSARY TO INSURE THAT NEITHER IT NOR ANY OF ITS AGENTS OR EMPLOYEES ATTEMPT TO MAKE OR PASS THROUGH, ANY SUCH REPRESENTATION OR WARRANTY ON BEHALF OF PSIP. 9.4.2 ADOBE AND WARRANTIESITS THIRD PARTY SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCTEXPRESS, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, DEALING OR USAGE OF TRADE, OR OTHERWISESTATUTORY, INCLUDINGAS TO THE ADOBE INFORMATION OR ANY MATTER WHATSOEVER. IN PARTICULAR, BUT NOT LIMITED TO, THE IMPLIED ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, PURPOSE AND NON-INFRINGEMENTINFRINGEMENT ARE EXPRESSLY EXCLUDED. SEC SHALL NOT HAVE THE RIGHT TO MAKE OR PASS ON, AND SHALL TAKE ALL MEASURES NECESSARY TO ENSURE THAT NEITHER IT NOR ANY OF ITS AGENTS, EMPLOYEES, OR CUSTOMERS SHALL MAKE OR PASS ON, ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION ON BEHALF OF ADOBE OR ITS THIRD PARTY SUPPLIERS TO ANY CUSTOMER, END USER, OR THIRD PARTY. ADOBE SHALL HAVE NO RESPONSIBILITY FOR SUPPORTING SEC OR SEC'S END USERS. PSIP OR SEC, EITHER DIRECTLY OR INDIRECTLY, WILL PROVIDE END USERS WITH REASONABLE END USER DOCUMENTATION, WARRANTY SERVICE, AND TELEPHONE SUPPORT FOR THE USE OF LICENSED SYSTEMS CONSISTENT WITH GOOD INDUSTRY PRACTICE. 9.4.3 PSIP DOES NOT WARRANT THAT THE REPORT OPERATION OF THE SOFTWARE OR THE LICENSED PRODUCTS WILL BE TIMELY, SECURE, UNINTERRUPTED UNINTERRIPTED OR ERROR-ERROR FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS.

Disclaimers. NEITHER PEMBROKE NOR ANY THE EXPRESS WARRANTIES IN THIS AGREEMENT SHALL BE IN LIEU OF ALL OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL EXPRESS, IMPLIED OR WRITTEN, EXPRESS OR IMPLIEDSTATUTORY, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR THAT TRADE USAGE. DIFFEO AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE REPORT WILL OPERATION OF THE LICENSED PRODUCTS ON OTHER THAN THE COMPUTER AND OPERATING SYSTEM IDENTIFIED IN THIS AGREEMENT OR ACTS OF ABUSE OR MISUSE BY CUSTOMER. DIFFEO AND ITS LICENSORS SHALL NOT BE TIMELYLIABLE FOR ANY LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE LICENSED PRODUCTS. DIFFEO AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOST DATA. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS SECTION V, SECUREDIFFEO AND ITS LICENSORS SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY DUE TO CUSTOMER’S USE OF THE PRODUCTS OR DUE TO CUSTOMER’S ACTS, UNINTERRUPTED INCLUDING NEGLIGENCE. THE LICENSED PRODUCTS INCORPORATE PROPRIETARY INFORMATION AND TECHNOLOGY OF THIRD PARTIES. NO REPRESENTATION OR ERROR-FREEWARRANTY, FREE FROM VIRUSES EXPRESS OR OTHER HARMFUL COMPONENTSIMPLIED, IS GIVEN BY DIFFEO OR MEET PURCHASER’S REQUIREMENTSANY OF SUCH THIRD PARTIES WITH RESPECT TO SUCH THIRD PARTY PROPRIETARY INFORMATION AND TECHNOLOGY.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES7.1 EXCEPT AS SET FORTH IN SECTION 6, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE SERVICE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED PROVIDED “AS IS, WITH ALL FAULTS” AND “WITH ALL FAULTS.AS AVAILABLE” PEMBROKE MAKES NO REPRESENTATIONS AND WITHOUT ANY OTHER WARRANTY, CONDITION, UNDERTAKING, OR WARRANTIES, GUARANTEE OF ANY KIND OR NATURE. PROVIDER (ON BEHALF OF ITSELF AND ITS AFFILIATES) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESREPRESENTATIONS, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCTGUARANTEES, SERVICECONDITIONS, UNDERTAKINGS, OR INFORMATION OFFERED BY PEMBROKE UNDER WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR IN CONNECTION WITH THIS AGREEMENTOTHERWISE) ARISING FROM OR RELATED TO A STATUTE, CIVIL/COMMERCIAL CODE, CUSTOM, USAGE OR TRADE PRACTICE, COURSE OF DEALING OR PERFORMANCE, OR THE PRESENT PARTIES' CONDUCT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADECOMMUNICATIONS WITH ONE ANOTHER, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF ANY WARRANTY AND/OR CONDITION OF: MERCHANTABILITY, ; FITNESS FOR A PARTICULAR (SUCH AS A HAZARDOUS ENVIRONMENT) OR GENERAL PURPOSE; TITLE; SATISFACTORY QUALITY; ACCURACY; NON- INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; OR ABILITY TO ACHIEVE A PARTICULAR OUTCOME. 7.2 FURTHER, ACCURACYPROVIDER DOES NOT REPRESENT, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENTWARRANT, OR THAT GUARANTEE THAT: (A) USE OF THE REPORT SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES ; (B) THE SERVICE OR ITS FUNCTIONS AND FEATURES WILL MEET ALL SECURITY OR OTHER NEEDS OR REQUIREMENTS (SUCH AS USE IN A HAZARDOUS ENVIRONMENT) OF CUSTOMER; (C) USE OF THE SERVICE ALONE WILL FULLY PROTECT CUSTOMER’S SYSTEMS, NETWORKS, DEVICES, ASSETS, INFORMATION, AND/OR DATA FROM AND AGAINST ANY OR ALL MALWARE OR OTHER POSSIBLE RISKS; (D) RESULTS WILL BE ERROR-FREE (E.G. BENIGN SAMPLES MAY BE INCORRECTLY MARKED AS MALICIOUS AND/OR MALICIOUS SAMPLES INCORRECTLY MARKED AS NOT MALICIOUS) OR THAT THE SERVICE WILL DETECT, IDENTIFY, WEAKEN OR REMEDIATE ALL MALICIOUS AND POTENTIALLY HARMFUL COMPONENTSACTIVITIES OF AN ANALYZED MALWARE AND ALL VULNERABILITES KNOWN OR UNKNOWN AT THE TIME; OR (E) THE SERVICE WILL OPERATE IN COMBINATION WITH HARDWARE, OTHER SOFTWARE, SYSTEMS, CLOUD SERVICES, OR MEET PURCHASER’S REQUIREMENTSDATA NOT PROVIDED OR REQUIRED OR OTHERWISE AUTHORIZED FOR USE WITH THE SERVICE BY PROVIDER.

Disclaimers. NEITHER PEMBROKE NOR ANY THE WARRANTIES SET FORTH IN THIS MASTER AGREEMENT ARE IN LIEU OF, AND SIRSIDYNIX, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS WARRANTIES, EXPRESS OR WARRANTIESIMPLIED, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE (i) ANY WARRANTY THAT ANY PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED; (ii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT, (iii) ANY WARRANTY THAT CONTENT OR THAT THE REPORT THIRD PARTY PRODUCTS WILL BE TIMELYACCURATE, SECURE, UNINTERRUPTED OR RELIABLE AND ERROR-FREEFREE AND (iv) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, FREE FROM VIRUSES COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHER HARMFUL COMPONENTSUSAGE OF TRADE. NO ADVICE, STATEMENT OR MEET PURCHASER’S REQUIREMENTS.INFORMATION GIVEN BY SIRSIDYNIX, ITS AFFILIATES, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. CUSTOMER ACKNOWLEDGES THAT USE OF OR CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORISED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE SERVICES AND CUSTOMER DATA AND THAT NO FORM OF ENCRYPTION IS FOOL PROOF. ACCORDINGLY, XXXXXXXXXX CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO

Disclaimers. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6, NEITHER PEMBROKE NOR PARTY MAKES ANY OTHER THIRD PARTY PARTNERS WARRANTY OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESKIND, ORAL OR WRITTENWHETHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADESTATUTORY, OR OTHERWISE, INCLUDINGAND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, BUT NOT LIMITED TO, THE INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYTITLE (INCLUDING NON- INFRINGEMENT), NON- INTERFERENCEAND ANY IMPLIED WARRANTY ARISING FROM STATUTE, QUALITYCOURSE OF DEALING, TITLECOURSE OF PERFORMANCE OR USAGE OF TRADE, NON-INFRINGEMENTTO THE MAXIMUM EXTENT PERMITTED BY LAW. EXCEPT FOR THE ACT, ERROR, NEGLIGENCE, OR OMISSION OF A USER, EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD PARTY. DEEPWATCH DOES NOT WARRANT THAT THE REPORT SERVICES WILL BE TIMELYERROR FREE OR UNINTERRUPTED AND DEEPWATCH SHALL NOT BE RESPONSIBLE FOR ANY LIMITATIONS, SECUREDISRUPTIONS, UNINTERRUPTED OR ERROR-FREEDELAYS, FREE FROM VIRUSES AND/OR OTHER HARMFUL COMPONENTSPROBLEMS INHERENT IN THE USE OF THE INTERNET AND/OR ANY ELECTRONIC COMMUNICATION. Notwithstanding anything herein to the contrary, OR MEET PURCHASER’S REQUIREMENTSDeepwatch and its Suppliers make no warranties with respect to any portion of any Deliverable or any Third Party Software, product, and/or service.

Disclaimers. EXCEPT AS EXPRESSLY PROVIDED IN THESE FLOW-DOWN TERMS, NEITHER PEMBROKE NOR PARTY MAKES ANY OTHER THIRD PARTY PARTNERS WARRANTY OR GUARANTEE OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESKIND, ORAL OR WRITTENWHETHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADESTATUTORY, OR OTHERWISE, INCLUDINGAND EACH PARTY SPECIFICALLY DISCLAIMS ALL WARRANTIES, BUT NOT LIMITED TOWHETHER IMPLIED, THE EXPRESS, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, OR NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES, DOCUMENTATION, AND ANY BENEFITS OR OTHER MATERIAL THAT DATADOG MAY MAKE AVAILABLE IN CONNECTION WITH THESE FLOW-DOWN TERMS ARE PROVIDED BY DATADOG ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE OTHER PROVISIONS OF THIS SECTION 12, DATADOG MAKES NO WARRANTY OF ANY KIND THAT THE REPORT WILL BE TIMELYSERVICES, SECUREDOCUMENTATION OR ANY OTHER MATERIAL, UNINTERRUPTED OR ERROR-FREERESULTS OF THE USE THEREOF, FREE FROM VIRUSES WILL: (a) MEET CUSTOMER’S OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASERPERSON’S REQUIREMENTS; (b) OPERATE WITHOUT INTERRUPTION; (c) ACHIEVE ANY INTENDED RESULT; (d) BE ERROR FREE OR (e) BE COMPATIBLE, WORK WITH OR CONTINUE TO WORK WITH COMPONENTS OF CUSTOMER’S ENVIRONMENT (AS DEFINED IN THE PASS-THROUGH TERMS).

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESEXCEPT AS EXPRESSLY SET FORTH HEREIN, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE OFFERING IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED PROVIDED ON AN “AS IS” BASIS, AND “WITH ALL FAULTS.” PEMBROKE DARKTRACE MAKES NO WARRANTIES OR REPRESENTATIONS TO CUSTOMER OR WARRANTIESTO ANY OTHER PARTY REGARDING THE OFFERING OR ANY OTHER SERVICES OR MATERIALS PROVIDED HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND DARKTRACE HEREBY DISCLAIMS ALL REPRESENTATIONS WARRANTIES AND WARRANTIESREPRESENTATIONS, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, DARKTRACE HEREBY DISCLAIMS ANY WARRANTY THAT USE OF THE REPORT OFFERING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, BUG-FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSUNINTERRUPTED, OR MEET PURCHASERWILL FULFILL ANY OF CUSTOMER’S REQUIREMENTSPARTICULAR PURPOSES OR NEEDS. THE OFFERING IS NOT DESIGNED OR INTENDED FOR USE IN ANY APPLICATION OR HAZARDOUS ENVIRONMENT THAT REQUIRES FAIL-SAFE PERFORMANCE, WHERE THE FAILURE OF THE OFFERING MIGHT RESULT IN OR CAUSE DEATH, PERSONAL INJURY OR ENVIRONMENTAL DAMAGE. DARKTRACE DOES NOT WARRANT ANY THIRD-PARTY PRODUCTS, INTEGRATIONS OR SERVICES.

Disclaimers. NEITHER PEMBROKE NOR ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER THIRD PARTY PARTNERS PROPERTY AND RIGHTS GRANTED AND/OR PROVIDED BY CARNEGIE MELLON PURSUANT TO THIS AGREEMENT (INCLUDING THE DELIVERABLES), ARE GRANTED AND/OR PROVIDED ON AN "AS IS" BASIS. CARNEGIE MELLON MAKES NO WARRANTIES OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESKIND, ORAL OR WRITTEN, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER, AND ALL SUCH WARRANTIES, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE REPORT GENERALITY OF THE FOREGOING, CARNEGIE MELLON DOES NOT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR FREEDOM FROM THEFT OF TRADE SECRETS. SPONSOR IS PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY OR OTHER MATTER PERTAINING PROPERTY OR RIGHTS (INCLUDING THE DELIVERABLES) GRANTED AND/OR PROVIDED BY CARNEGIE MELLON PURSUANT TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS.

Disclaimers. NEITHER PEMBROKE NOR THE MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY OTHER THIRD PARTY PARTNERS MATERIALS, PRODUCTS OR SERVICES OBTAINED ON OR AVAILABLE THROUGH THE MOBILE APPLICATIONS, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF PEMBROKE MAKE ANY REPRESENTATIONS KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIDE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, PERFORMANCE OR USAGE OF TRADE. FIDE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR OTHERWISESERVICES AVAILABLE ON OR THROUGH THE MOBILE APPLICATIONS, INCLUDINGWILL BE UNINTERRUPTED, BUT NOT LIMITED TOERROR-FREE OR SECURE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENTTHAT DEFECTS WILL BE CORRECTED, OR THAT THE REPORT WILL BE TIMELYMOBILE APPLICATIONS (OR ANY PART THEREOF), SECURETHE SERVER(S) ON WHICH THE MOBILE APPLICATIONS ARE HOSTED, UNINTERRUPTED OR ERROR-FREEANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON THE MOBILE APPLICATIONS ARE FREE FROM OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF FIDE OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE MOBILE APPLICATIONS, IN THE MATERIALS, OR MEET PURCHASER’S REQUIREMENTSOTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOUR USE OF THE MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE MOBILE APPLICATIONS, ARE ENTIRELY AT YOUR OWN RISK.

Disclaimers. NEITHER PEMBROKE NOR THE COMPANY IS NOT IN THE BUSINESS OF PERFORMING DESIGN OR CONSTRUCTION SERVICES FOR PROFIT AND IS NOT RECEIVING ANY OTHER THIRD PARTY PARTNERS FEE OR PROFIT (AS CONTRASTED WITH COST REIMBURSEMENT) FOR ITS PERFORMANCE OF PEMBROKE MAKE THE WORK HEREUNDER. THE EXCLUSIVE REMEDY GRANTED TO CUSTOMER FOR ANY REPRESENTATIONS ALLEGED FAILURE OF COMPANY TO MEET THE PERFORMANCE STANDARDS OR REQUIREMENTS SET FORTH HEREIN IS AS SET FORTH IN SECTION 3.2. COMPANY MAKES NO WARRANTIES, ORAL REPRESENTATIONS, OR WRITTENGUARANTEES IN CONNECTION WITH THE AGREEMENT, ANY PROJECT, OR ANY WORK OR SERVICES PERFORMED IN CONNECTION THEREWITH, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING . THIS DISCLAIMER SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONSCUSTOMER ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS, DAMAGES LICENSORS, OR PROVIDERS OF MATERIAL, EQUIPMENT OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, ITEMS PROVIDED OR INFORMATION OFFERED BY PEMBROKE UNDER OR USED IN CONNECTION WITH THIS AGREEMENT THE WORK, INCLUDING ITEMS INCORPORATED IN THE WORK (“THIRD PARTY WARRANTIES”), ARE OFFERED “AS IS” NOT TO BE CONSIDERED WARRANTIES OF THE COMPANY AND “WITH ALL FAULTS.” PEMBROKE THE COMPANY MAKES NO REPRESENTATIONS REPRESENTATIONS, GUARANTEES, OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT WARRANTIES AS TO THE REPORT AND APPLICABILITY OR ENFORCEABILITY OF ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSSUCH THIRD PARTY WARRANTIES.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, FATE MAKES NO REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY KIND, ORAL OR WRITTEN, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT PURPOSE WITH RESPECT TO ANY FATE CONFIDENTIAL INFORMATION OR ANY OTHER MATTER PERTAINING LICENSE GRANTED BY FATE UNDER ITS INTELLECTUAL PROPERTY RIGHTS HEREUNDER, OR WITH RESPECT TO ANY ANTIGEN BINDING DOMAIN, COLLABORATION CANDIDATES OR COLLABORATION PRODUCTS. NOTHING IN THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION OR OTHER LOSSES RESULTING FROM WARRANTY THAT USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIALFATE CONFIDENTIAL INFORMATION, OR INFORMATION OFFERED ANY LICENSE GRANTED BY PEMBROKE FATE * Confidential Information, indicated by [***], has been omitted from this filing and filed separately with the Securities and Exchange Commission. UNDER ITS INTELLECTUAL PROPERTY RIGHTS, HEREUNDER DOES NOT INFRINGE ANY PATENT OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENTTHIRD PARTY, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES ANY PATENT OR OTHER HARMFUL COMPONENTS, PROPRIETARY RIGHTS INCLUDED IN THE FATE PATENTS ARE VALID OR MEET PURCHASER’S REQUIREMENTSENFORCEABLE.

Disclaimers. NEITHER PEMBROKE NOR EXCEPT FOR ANY WARRANTY EXPRESSLY PROVIDED ABOVE, THE SOFTWARE, DOCUMENTATION, AND THE SAAS PLATFORM ARE PROVIDED "AS-IS", “AS-AVAILABLE”, AND COMPANY PROVIDES NO OTHER THIRD PARTY PARTNERS WARRANTIES OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTENKIND, EXPRESS ORIMPLIED, WITH REGARD TO THE SOFTWARE, DOCUMENTATION OR IMPLIEDSAAS PLATFORM. EXCEPT AS SPECIFIED IN THIS SECTION 11, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF TITLECONDITIONS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIESREPRESENTATIONS, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYSATISFACTORY QUALITY, NON-INFRINGEMENT (WITHOUT LIMITING COMPANY’S INDEMNIFICATION OBLIGATIONS), NON- INTERFERENCE, QUALITYACCURACY OF INFORMATIONAL CONTENT, TITLEOR ARISING FROM A COURSE OF DEALING, NON-INFRINGEMENTLAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY COMPANY, ITS SUPPLIERS AND LICENSORS. FURTHER, COMPANY AND ITS LICENSORS DO NOT WARRANT THE RESULTS OF USE OF THE SOFTWARE OR DOCUMENTATION OR SAAS PLATFORM OR THAT THE REPORT SOFTWARE OR SAAS PLATFORM IS BUG/ERROR FREE OR THAT ITS USE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSUNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS (a) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN SECTION 11 ABOVE, DISCO (INCLUDING, FOR PURPOSES OF PEMBROKE THIS SECTION, ITS LICENSORS) DOES NOT MAKE ANY REPRESENTATIONS OR ANY, AND HEREBY EXPRESSLY DISCLAIMS ALL, WARRANTIES, ORAL OR WRITTEN, EXPRESS WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE DISCO OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, TITLE OR NON-INFRINGEMENT, OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. WITHOUT LIMITING THE REPORT FOREGOING, DISCO DOES NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES AND/OR GUARANTEES REGARDING WHETHER ACCESS TO, OR USE OR OPERATION OF, THE DISCO OFFERINGS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-ERROR FREE. (b) DISCO IS NOT ENGAGED IN THE PRACTICE OF LAW OR THE BUSINESS OF RENDERING LEGAL ADVICE, FREE FROM VIRUSES AND NEITHER DISCO NOR THE DISCO OFFERINGS SHOULD BE RELIED UPON AS SUCH. IF LEGAL ADVICE OR OTHER HARMFUL COMPONENTSLEGAL SERVICES ARE REQUIRED BY CUSTOMER, CUSTOMER SHOULD SEEK THE ADVICE AND SERVICES OF A COMPETENT LICENSED ATTORNEY. CUSTOMER ACKNOWLEDGES THAT IT HAS NOT AND WILL NOT RELY ON DISCO FOR LEGAL ADVICE AND WILL NOT AND HAS NOT ENGAGED DISCO OR MEET PURCHASER’S REQUIREMENTSANY DISCO EMPLOYEE AS AN ATTORNEY.

Disclaimers. NEITHER PEMBROKE NOR EXCEPT FOR THE EXPRESS LIMITED WARRANTIES AND REPRESENTATIONS CONTAINED IN THIS AGREEMENT, ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS- IS” AND “AS-AVAILABLE” BASIS. ALL OTHER REPRESENTATIONS AND WARRANTIES CONCERNING ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS PRODUCT OR WARRANTIESSERVICE, ORAL OR WRITTENEXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE HEREBY EXPRESSLY DISCLAIMED, INCLUDING IMPLIED WARRANTIES ANY WARRANTY OF TITLEMERCHANTABILITY, NON-INFRINGEMENT, MERCHANTABILITY AND SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT NONINFRINGEMENT, SATISFACTORY QUALITY, OR NON-INTERFERENCE, OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, WARRANTY ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADEUSAGE, OR OTHERWISETRADE PRACTICE. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, GRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS; ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, RELIABILITY OR END- USER CONNECTIVITY; SPEED OF THE GRI SOFTWARE; THAT THE REPORT OPERATION OR CONNECTIVITY OF THE GRI SOFTWARE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; OR THAT THE GRI SOFTWARE WILL BE FREE OF ALL POSSIBLE METHODS OF ACCESS, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSATTACK, OR MEET PURCHASER’S REQUIREMENTSINTRUSION.

Disclaimers. NEITHER PEMBROKE NOR IF YOU CHOOSE TO USE THE SITE OR SERVICES, YOU AGREE THAT YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WRP DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISEUSER, INCLUDING, BUT NOT LIMITED TO, ANY OTHER GUESTS. THE IMPLIED SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WRP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYQUIET ENJOYMENT, NON- INTERFERENCE, QUALITY, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WRP MAKES NO WARRANTY THAT THE REPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS WILL MEET YOUR REQUIREMENTS OR BE TIMELYAVAILABLE ON AN UNINTERRUPTED, SECURE, UNINTERRUPTED OR ERROR-FREEFREE BASIS. WRP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, FREE ACCOMMODATIONS, THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VIRUSES WRP OR OTHER HARMFUL COMPONENTSTHROUGH THE SERVICES, OR MEET PURCHASER’S REQUIREMENTSWILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIESEXCEPT AS PROVIDED IN THIS SECTION 8, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT SERVICES HEREUNDER ARE OFFERED PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “WITH ALL FAULTS.AS IS” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH BASIS OF THIS AGREEMENT, WITHOUT WHICH ECS WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. ECS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE PRESENT OR FUTURE METHODOLOGY, PROCESSSERVICES, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THAT THE REPORTSERVICES WILL MEET CLIENT'S REQUIREMENTS OR THAT THE DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. ECS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, EXPRESS WARRANTIES, WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, WRITTEN OR ORALREGARDING THE SERVICES, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-PARTICULARPURPOSE AND INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES . NO REPRESENTATION OR OTHER HARMFUL COMPONENTSAFFIRMATION OF FACT, REGARDING THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR MEET PURCHASER’S REQUIREMENTSGIVE RISE TO ANY LIABILITY OF ECS WHATSOEVER. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTY IN THIS AGREEMENT.

Disclaimers. NEITHER PEMBROKE NOR CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICE, THE CONTENTS THEREIN, AND ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE ACCOMPANYING DOCUMENTATION ARE PROVIDED BY BLOCKIT ON AN “AS IS”, “AS AVAILABLE” BASIS, AND BLOCKIT DOES NOT MAKE ANY REPRESENTATIONS (AND HEREBY SPECIFICALLY DISCLAIMS) ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES ANY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. BLOCKIT’S SERVICE OR SUPPORT COMMITMENTS WILL NOT COVER CLAIMS RESULTING FROM: A. IMPROPER USE, SITE PREPARATION, OR SITE OR ENVIRONMENTAL CONDITIONS OR OTHER NON-INFRINGEMENTCOMPLIANCE WITH APPLICABLE INSTRUCTIONS; B. MODIFICATIONS OR IMPROPER SYSTEM MAINTENANCE OR CALIBRATION NOT PERFORMED BY BLOCKIT OR AUTHORIZED BY BLOCKIT; C. PLANNED OR UNPLANNED DOWNTIMES, FAILURE OR FUNCTIONAL LIMITATIONS OF ANY NON-BLOCKIT SOFTWARE OR PRODUCT IMPACTING SYSTEMS RECEIVING BLOCKIT SUPPORT OR SERVICE; D. MALWARE (E.G. VIRUS, WORM, ETC.) NOT INTRODUCED BY BLOCKIT; OR E. ABUSE, NEGLIGENCE, ACCIDENT, FIRE OR WATER DAMAGE, ELECTRICAL DISTURBANCE, TRANSPORTATION BY CUSTOMER, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASERCAUSES BEYOND BLOCKIT’S REQUIREMENTSCONTROL.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER WITH RESPECT TO MATTERS PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, NEITHER PARTY NOR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES WILL BE LIABLE FOR, NOR WILL THE MEASURE OF DAMAGES INCLUDE ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL INDIRECT OR PUNITIVE DAMAGES OR OTHER LOSSES RESULTING FROM USE AMOUNTS FOR LOSS OF INCOME, PROFITS OR SAVINGS, LOSS OF CONTRACTS OR OPPORTUNITY, OR COST OF CAPITAL REGARDLESS OF THE REPORT BASIS ON WHICH A PARTY IS ENTITLED TO CLAIM DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. LIMITATIONS OR EXCLUSIONS OF LIABILITY HEREUNDER DO NOT APPLY TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS AND CONFIDENTIALITY AND NON-USE OBLIGATIONS AND OBLIGATIONS UNDER SECTIONS 2(e), 8(a)(ii), AND 8(e). NEITHER PARTY REPRESENTS THAT THE STUDY SHALL LEAD TO ANY PARTICULAR RESULT, NOR IS THE SUCCESS OF THE STUDY GUARANTEED. NEITHER PARTY SHALL BE LIABLE FOR ANY USE THAT THE OTHER PRODUCT, SERVICE, MATERIAL, PARTY MAY MAKE OF THE CLINICAL DATA OR STUDY RESULTS NOR FOR ADVICE OR INFORMATION OFFERED BY PEMBROKE UNDER OR GIVEN IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTSTHEREWITH.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES IN SECTION 3 OF PEMBROKE MAKE ANY REPRESENTATIONS THIS XXXX OF SALE AND THOSE SET FORTH IN THE OWNERSHIP AGREEMENT OR WARRANTIESIN CERTIFICATES DELIVERED BY SELLER PURSUANT THERETO, ORAL THE TRANSFERRED UNIT 2 OWNERSHIP INTEREST IS BEING SOLD AND TRANSFERRED “AS IS, WHERE IS”, AND SELLER MAKES NO REPRESENTATION OR WRITTENWARRANTY, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER AT LAW OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS EQUITY OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESOTHERWISE, WITH RESPECT TO UNIT 2 OR THE REPORT TRANSFERRED UNIT 2 OWNERSHIP INTEREST (OR ANY UNIT 2 OWNERSHIP INTEREST) OR THE PROJECT, INCLUDING WITH RESPECT TO (A) THE MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF UNIT 2 OR THE TRANSFERRED UNIT 2 OWNERSHIP INTEREST (OR ANY UNIT 2 OWNERSHIP INTEREST) OR THE WORKMANSHIP THEREOF OR THE ABSENCE OF DEFECTS THEREIN, WHETHER LATENT OR PATENT, (B) THE BUSINESS, FINANCIAL CONDITION, PROSPECTS (FINANCIAL OR OTHERWISE), LIABILITIES OR RISKS OF UNIT 2 OR THE TRANSFERRED UNIT 2 OWNERSHIP INTEREST (OR ANY UNIT 2 OWNERSHIP INTEREST) OR THE PROJECT, OR (C) THE PHYSICAL CONDITION, QUALITY OR VALUE OF UNIT 2 OR THE TRANSFERRED UNIT 2 OWNERSHIP INTEREST (OR ANY UNIT 2 OWNERSHIP INTEREST) OR THE PROJECT, AND ANY SUCH OTHER PRODUCT, SERVICE, REPRESENTATION OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTSWARRANTY IS HEREBY EXPRESSLY DISCLAIMED.

Disclaimers. NEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING DINARI IS PROVIDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT SERVICE AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED CUSTOM INTEGRATIONS (IF APPLICABLE) ON AN “AS IS” AND “WITH ALL FAULTS.AS AVAILABLE” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIESBASIS. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, AND XXXXXX XXXXXX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESWARRANTIES (EXPRESS, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, IMPLIED OR OTHERWISE), INCLUDINGORAL OR WRITTEN, BUT NOT LIMITED TO, THE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, TITLE, ACCURACY, QUIET ENJOYMENT, INTEGRATION, OR COMPLETENESS OF ANYTHING PROVIDED IN RELATION TO THIS AGREEMENT. DINARI AND ITS LICENSEES DO NOT REPRESENT OR WARRANT THAT (A) THE REPORT USE OF THE SERVICE OR ANY CUSTOM INTEGRATIONS (IF APPLICABLE) WILL BE SECURE, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, (B) THE SERVICE OR ANY CUSTOM INTEGRATIONS (IF APPLICABLE) WILL MEET REQUIREMENTS OR EXPECTATIONS, OR (C) THE SERVICE, OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE, OR ANY CUSTOM INTEGRATIONS (IF APPLICABLE) ARE FREE FROM OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET PURCHASER’S REQUIREMENTS. XXXXXX WILL HAVE NO LIABILITY WHATSOEVER WITH REGARD TO ANY DINARI DATA.

Disclaimers. NEITHER PEMBROKE NOR EXCEPT AS EXPRESSLY SET FORTH HEREIN, SECURITI DISCLAIMS ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR AND ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE OFFERED “AS IS” AND “WITH ALL FAULTS.” PEMBROKE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, OR AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES THAT THE REPORT SECURITI PRODUCT IS INTENDED ONLY TO AUGMENT CUSTOMER’S PRIVACY PRACTICES, BUT NOT REPLACE, LEGAL AND OTHER PROFESSIONAL ADVISORS. CUSTOMER IS A DATA CONTROLLER, RESPONSIBLE FOR WHICH DATA IT COLLECTS, AND IS RESPONSIBLE FOR ITS OWN PRIVACY POLICIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SECURITI DOES NOT WARRANT THAT ACCESS TO THE SECURITI PRODUCTS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTSTHAT ALL DEFECTS AND ERRORS IN THE SECURITI PRODUCTS WILL BE CORRECTED, OR THAT THE SECURITI PRODUCTS AND SERVICES WILL MEET PURCHASERCUSTOMER’S REQUIREMENTSPARTICULAR REQUIREMENTS OR EXPECTATIONS. SECURITI SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DELAYS, INTERRUPTIONS, SERVICE FAILURES, AND ANY OTHER PROBLEMS ARISING FROM CUSTOMER’S USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS OR ANY OTHER SYSTEMS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN SECURITI AND CUSTOMER. SECURITI’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITED WARRANTIES SPECIFIED HEREIN.