Common use of Exclusion of Warranties Clause in Contracts

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONAND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO IF ANY, ARE PROVIDED WITHOUT WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EITHER EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN NO EVENTADDITION, UNDER NO CIRCUMSTANCESCUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, SHALL XXXXXXXX CAMERA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR LIABLE COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER OR ANYONE ELSE FOR UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY WARRANTIES ON BEHALF OF SUCH DAMAGESSERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES 13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL EQUIPMENT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." 13.2 IN PARTICULAR, THE SERVICE PROVIDER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS , INCLUDING THE DIRECTORS, OFFICERS, SHAREHOLDERS, UNITHOLDERS, TRUSTEES, EMPLOYEES, AGENTS, ADVISORS AND CONSULTANTS OF EACH OF THEM, (COLLECTIVELY "RELEASEES") DO NOT REPRESENT OR WARRANT TO BE RENTED FROM XXXXXXXX CAMERA YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTIONYOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 13.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND OPINION AS RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES YOUR COMPUTER SYSTEM OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY TYPE SUCH MATERIAL. 13.4 NO ADVICE OR NATURE WHATSOEVERINFORMATION, EXPRESSED WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE PROVIDER OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 13.5 THE SERVICE PROVIDER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR PURPOSE AND NON-INFRINGEMENT AND ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED BY THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSERVICE PROVIDER AND WAIVED BY YOU.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE INSTALLATION WORK, SYSTEM OPERATIONS, AND SOLAR SERVICES PROVIDED BY PROVIDER TO HOST PURSUANT TO THIS AGREEMENT SHALL BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION“AS-IS WHERE-IS.” NO OTHER WARRANTY TO HOST OR ANY OTHER PERSON, DISCRETION AND OPINION WHETHER EXPRESS, IMPLIED OR STATUTORY, IS MADE AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVERTHE INSTALLATION, EXPRESSED OR IMPLIEDDESIGN, REGARDING THE PERFORMANCE OF CAMERASDESCRIPTION, SERVICESQUALITY, SUPPLIESMERCHANTABILITY, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIESCOMPLETENESS, GUARANTEESUSEFUL LIFE, EXPRESSED OR IMPLIEDFUTURE ECONOMIC VIABILITY, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT PURPOSE OF THE USE SYSTEM, THE SOLAR SERVICES OR INABILITY TO USE ANY EQUIPMENT RENTED OTHER SERVICE PROVIDED HEREUNDER OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN OR AS TO ANY OTHER MATTER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY PROVIDER. FOR CLARITY, NOTHING IN THIS SECTION 8.4 SHALL EXCUSE, LIMIT OR OTHERWISE MODIFY OR DIMINISH PROVIDER’S OBLIGATIONS AND RESPONSIBILITIES WITH REGARD TO THE EVENT THAT XXXXXXXX CAMERA INSTALLATION WORK, SYSTEM OPERATIONS, AND SOLAR SERVICES SET FORTH ELSEWHERE IN THIS AGREEMENT. HOST MAKES NO REPRESENTATION OR XXXXXXXX CAMERAWARRANTY AS TO THE LEVEL OF PAST, PRESENT OR FUTURE ENERGY CONSUMPTION AT THE PROPERTY. NOR SHALL ANY PROVISION OF THIS AGREEMENT REQUIRE HOST TO CONTINUE TO OPERATE THE PROPERTY OR RESTRICT HOST’S AGENTS HAVE BEEN ADVISED RIGHTS TO SELL, LEASE OR DISPOSE OF THE POSSIBILITY PROPERTY, PROVIDED THAT HOST COMPLIES WITH THE APPLICABLE REQUIREMENTS OF SUCH DAMAGESTHIS AGREEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA PLAN4 DOES NOT MAKE ANY OTHER WARRANTY OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED OR WHETHER EXPRESS, IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEUSE AND NONINFRINGEMENT. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE PLAN4 IS NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR SECURING AND BACKING UP YOUR APPLICATION AND CUSTOMER DATA, EXCEPT WHERE BACKUP OR ANYONE ELSE SECURITY CONTROLS ARE EXPRESSLY PROVIDED AS FEATURES OF THE SERVICES. PLAN4 DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE ERROR- FREE, TIMELY, OR UNINTERRUPTED. PLAN4 DOES NOT WARRANT THAT THE SERVICES WILL BE SECURE, EXCEPT AS EXPRESSLY DOCUMENTED. YOU UNDERSTAND THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE PLAN4 ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ASSUME ALL RISK FOR ANY DAMAGESDAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING LOST PROFITSYOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED SERVICE OR THE ALLEGED BREACH DOWNLOAD OR USE OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA MATERIAL OR XXXXXXXX CAMERA’S AGENTS CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESOTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT 9.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO BE RENTED FROM XXXXXXXX CAMERA YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, WE AND OUR AFFILIATES, AND OUR LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) THE SERVICES OR ANY INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTIONYOUR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE OR COMPLETE, AND (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 9.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND OPINION AS RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES YOUR COMPUTER SYSTEM OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY TYPE SUCH MATERIAL. 9.4 NO ADVICE OR NATURE WHATSOEVERINFORMATION, EXPRESSED WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, ANY OF OUR AFFILIATES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 9.5 WE AND EACH OF OUR AFFILIATES FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPURPOSE AND NON---INFRINGEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES 12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, WILL EXCLUDE OR LIMIT TRADINGVIEW'S WARRANTY OR LIABILITY FOR LOSSES THAT ALL EQUIPMENT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO BE RENTED FROM XXXXXXXX CAMERA YOU, AND TRADINGVIEW.S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, TRADINGVIEW, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT: a) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; b) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; c) THE INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTION, YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND d) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. 12.3 ANY CONTENT OBTAINED THROUGH THE USE OF THE TRADINGVIEW SERVICES IS DONE AT YOUR OWN DISCRETION AND OPINION AS RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES YOUR COMPUTER SYSTEM OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY TYPE SUCH CONTENT. 12.4 NO ADVICE OR NATURE WHATSOEVERINFORMATION, EXPRESSED WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRADINGVIEW, OR THROUGH OR FROM THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 12.5 TRADINGVIEW, ITS LICENSORS, AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING BUT NOT LIMITED TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPURPOSE AND NON‐INFRINGEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT 76.1 WITHOUT PREJUDICE TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT ANY OTHER PROVISIONS OF CUSTOMER’S SOLE SELECTIONTHIS AGREEMENT, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISEABOUT OUR ONLINE TRADING FACILITY, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT, UNDER NO CIRCUMSTANCES, OUR ONLINE TRADING FACILITY IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE”. WE SHALL XXXXXXXX CAMERA NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESCOST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE ACCESS OR USE OF OUR ONLINE TRADING FACILITY AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, INCLUDING LOST PROFITSCOMPLETENESS AND USEFULNESS OF ALL INFORMATION, LOST SAVINGS OPINIONS, PRODUCTS, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH OUR ONLINE TRADING FACILITY OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. 76.2 WE DO NOT WARRANT THAT OUR ONLINE TRADING FACILITY WILL MEET YOUR NEEDS, OR THAT IT/THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF OUR ONLINE TRADING FACILITY WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER DIRECT MATERIAL PURCHASED OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESOBTAINED BY YOU THROUGH OUR ONLINE TRADING FACILITY WILL MEET YOUR EXPECTATIONS.

Exclusion of Warranties. CUSTOMER (A) THE WARRANTY DESCRIBED HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO SHALL BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION EXCLUSIVE AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA IN LIEU OF ANY TYPE OR NATURE WHATSOEVERAND ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, REGARDING INCLUDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SELLER ALSO DISCLAIMS AND BUYER WAIVES ANY LIABILITY OF SELLER IN NO EVENTTORT, UNDER NO CIRCUMSTANCESSTRICT OR OTHERWISE, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE OTHERWISE IN LAW, FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL CONSEQUENTIAL, RESULTING FROM A DEFECT IN DESIGN, MATERIAL, WORKMANSHIP, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE MANUFACTURE, WHETHER OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN NOT OCCASIONED BY SELLER'S NEGLIGENCE. (B) THIS WARRANTY SHALL NOT APPLY IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OCCURRENCE OF ANY OF THE FOLLOWING CONDITIONS, REGARDLESS WHETHER SUCH DAMAGESCONDITIONS ARE OCCASIONED BY THE NEGLIGENCE OF THE BUYER OR ANY OTHER PARTY: (1) DAMAGE INCURRED IN THE HANDLING OR SHIPMENT OF THE PRODUCT; (2) DAMAGE INCURRED AS A RESULT OF IMPROPER STORAGE PRIOR TO INSTALLATION THAT ALLOWS FOR POOR CIRCULATION; (3) DAMAGE RESULTING FROM PROLONGED MOISTURE CONTACT OR CONTACT WITH CORROSIVES AND/OR SIMILAR MATERIALS; (4) DAMAGE RESULTING FROM EDGE CORROSION OR FAILURE OF THE METAL SUBSTRATE; (5) ACTS OF GOD, FALLING OBJECTS, EXPLOSIONS, FIRE OR OTHER SIMILAR OR DISSIMILAR OCCURRENCES BEYOND FABRAL’S CONTROL; (5) IMPROPER INSTALLATION; (6) ANY PRODUCT THAT HAS BEEN ABUSED. (C) THE WARRANTY DESCRIBED HEREIN IS LIMITED TO THE PANEL'S STANDARD EXTERIOR SIDE FINISH.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT EXCEPT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION III, AS A RESULT MATERIAL PART OF CUSTOMER’S SOLE SELECTIONTHE CONSIDERATION FOR THIS ASSIGNMENT, DISCRETION GRANTOR AND OPINION GRANTEE AGREE THAT GRANTOR'S INTERESTS IN SUCH PROPERTY, IF ANY, BEING TRANSFERRED TO GRANTEE HEREUNDER ARE TRANSFERRED "AS IS," "WHERE IS," "WITH ALL FAULTS," WITH ANY AND ALL LATENT AND PATENT DEFECTS, AND THAT THERE IS NO WARRANTY THAT THE PROPERTY HAS A PARTICULAR FINANCIAL VALUE OR IS FIT FOR A PARTICULAR PURPOSE, EXCEPT THAT PRODUCER AGREES TO TRANSFER THE PROPERTY, OR APPLICABLE PORTIONS THEREOF, FREE AND CLEAR OF ANY MORTGAGES, MECHANICS' LIENS, TAX LIENS AND OTHER FORMS OF SECURITY INTERESTS OR FINANCIAL ENCUMBRANCES OR PAST DUE PAYMENTS OF ANY KIND CREATED BY, THROUGH AND UNDER GRANTOR BUT NOT OTHERWISE. EXCEPT TO THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION III, AND AS OTHERWISE DESCRIBED ABOVE IN THIS SECTION IV, GRANTOR MAKES THIS ASSIGNMENT TO GRANTEE WITHOUT RECOURSE (EVEN AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES THE RETURN OF THE PURCHASE PRICE), AND WITHOUT ANY COVENANT OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA WARRANTY OF ANY TYPE KIND, EXPRESS, IMPLIED OR NATURE WHATSOEVERSTATUTORY. GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION, EXPRESSED STATEMENT, OR OTHER ASSERTION WITH RESPECT TO THE PROPERTY OR THE PROPERTY CONDITION BUT INSTEAD IS RELYING ON GRANTEE'S OWN EXAMINATION OF THE PROPERTY. FURTHER, GRANTOR AND GRANTEE AGREE THAT, EXCEPT TO THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION III, AND AS OTHERWISE DESCRIBED ABOVE IN THIS SECTION IV, GRANTOR EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF CAMERASMERCHANTABILITY, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, DESCRIPTION, DESIGN, QUALITY, CONDITION, CONFORMITY TO PLANS OR DRAWINGS, OPERATION, PRESSURE INTEGRITY, COMPLIANCE WITH SPECIFICATION, COMPLIANCE WITH LAWS OR REGULATIONS (INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO HEALTH, SAFETY, AND THE ENVIRONMENT), SUITABILITY OF THE PROPERTY FOR GRANTEE'S USE, OR ABSENCE OF PATENT OR LATENT DEFECTS OR DESIGN FLAWS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS ASSIGNMENT. GRANTEE TAKES GRANTOR'S INTEREST IN SUCH PROPERTY, IF ANY, WITH THE EXPRESS UNDERSTANDING AND STIPULATION THAT, EXCEPT TO THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION III, AND AS OTHERWISE DESCRIBED ABOVE IN THIS SECTION IV, THERE ARE NO EVENTEXPRESS OR IMPLIED WARRANTIES. ALL WARRANTIES THAT MIGHT ARISE BY COMMON LAW ARE EXCLUDED AND ARE SPECIFICALLY DISCLAIMED. Grantor and Grantee agree that, UNDER NO CIRCUMSTANCESto the extent required by the applicable law to be operative, the disclaimers of warranties contained in this Assignment are "conspicuous" disclaimers for the purposes of any applicable law, rule or order. DECEPTIVE TRADE PRACTICES—WAIVER OF CONSUMER RIGHTS. AS A MATERIAL PART OF THE CONSIDERATION FOR GRANTOR AND GRANTEE AGREEING TO ENTER INTO THIS ASSIGNMENT, EACH PARTY COMPRISING GRANTOR AND GRANTEE EACH CAN, AND DO, EXPRESSLY WAIVE THE PROVISIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES CONSUMER PROTECTION ACT, ARTICLE 17.41 ET SEQ., TEXAS BUSINESS AND COMMERCE CODE, A LAW THAT PROVIDES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS, AND ALL OTHER CONSUMER PROTECTION LAWS OF THE STATE OF TEXAS, OR ANY OTHER STATE, OR OF THE UNITIED STATES OF AMERICA, APPLICABLE TO THIS TRANSACTION, IF ANY, THAT MAY BE WAIVED BY THE GRANTOR AND GRANTEE. IT IS NOT THE INTENT OF THE GRANTOR AND GRANTEE TO WAIVE, AND THE PARTIES SHALL XXXXXXXX CAMERA BE RESPONSIBLE NOT WAIVE, ANY APPLICABLE LAW OR LIABLE SUB-PART THEREOF WHICH IS PROHIBITED BY LAW FROM BEING WAIVED. THE GRANTOR AND GRANTEE AGREE THAT THEY HAVE HAD AN ADEQUATE OPPORTUNITY TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESREVIEW THE PRECEDING WAIVER PROVISION, INCLUDING LOST PROFITSTHE OPPORTUNITY TO SUBMIT THE SAME TO LEGAL COUNSEL FOR REVIEW AND COMMENT, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT AND AFTER CONSULTATION WITH AN ATTORNEY OF THEIR OWN SELECTION VOLUNTARILY CONSENT TO THIS WAIVER, AND UNDERSTAND THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESRIGHTS BEING WAIVED.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT NOTHING IN THESE TERMS, INCLUDING SECTIONS 9 AND 10, SHALL EXCLUDE OR LIMIT INNOVAX’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO BE RENTED FROM XXXXXXXX CAMERA YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. IN PARTICULAR, INNOVAX DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTIONYOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND OPINION AS RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INNOVAX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. INNOVAX FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA AND CONDITIONS OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPURPOSE AND NON-INFRINGEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES 12.1. NOTHING IN THIS AGREEMENT, INCLUDING SECTIONS 11, 12 AND 13, SHALL EXCLUDE OR LIMIT ARA’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ALL EQUIPMENT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO BE RENTED FROM XXXXXXXX CAMERA YOU AND ARA’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 12.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” 12.3. IN PARTICULAR, XXX DOES NOT REPRESENT OR WARRANT TO YOU THAT: 12.3.1. YOUR USE OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS, 12.3.2. YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROMERROR, 12.3.3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTIONYOUR USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, DISCRETION AND OPINION AS AND 12.3.4. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SOFTWARE PROVIDED TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”YOU WILL BE CORRECTED. 12.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARA OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE LIMITED EXPRESS WARRANTY. 12.5. WITH THE EXCEPTION OF THE LIMITED EXPRESS WARRANTY, DURING THE WARRANTY PERIOD, ARA EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA AND CONDITIONS OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED, TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.MERCHANTABILITY,

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE ADDENDUM APPLICABLE TO BE RENTED FROM XXXXXXXX CAMERA WILL BE THE PRODUCTS AND/OR SERVICES OR AS A RESULT OF CUSTOMER’S SOLE SELECTIONOTHERWISE EXPRESSLY CONFIRMED IN WRITING BY T2, DISCRETION THE PRODUCTS AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “SERVICES ARE PROVIDED "AS IS”. NO WARRANTIES " WITHOUT WARRANTY OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA REPRESENTATION OF ANY TYPE OR NATURE WHATSOEVERKIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESSED T2 AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING WHETHER ARISING UNDER STATUTE, FROM A COURSE OF DEALING, USAGE, CUSTOM OF THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, TRADE OR OTHERWISE, INCLUDING REGARDING THE PRODUCTS OR SERVICES, THE DOCUMENTATION, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCESSIBILITY, PRIVACY OF FILES OR SECURITY. T2 DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL BE UNAFFECTED BY BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS, NOR DOES T2 WARRANT THAT CUSTOMER'S USE THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET ALL OF THE CUSTOMER'S REQUIREMENTS. FURTHER, T2 DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE ON ANY PARTICULAR CONFIGURATION OF SOFTWARE, OPERATING SYSTEM OR COMPUTER SYSTEM. ANY HARDWARE PURCHASED FROM SOURCES OUTSIDE OF T2 WILL BE THE SOLE RESPONSIBILITY OF THE CUSTOMER. T2 WILL NOT BE RESPONSIBLE FOR THE FAILURE OF THE SOFTWARE TO PERFORM TO THE EXTENT THAT SUCH FAILURE TO PERFORM IS DUE TO THE FAILURE OF A THIRD PARTY FUNCTION, SUCH AS INTERNET AVAILABILITY REQUIRED FOR THE CONNECTION BETWEEN THE HARDWARE AND SOFTWARE OR THE WIRELESS NETWORK AVAILABILITY REQUIRED FOR THE T2 SOFTWARE TO BE ABLE TO SEND AND RECEIVE DATA. IN NO EVENT, UNDER NO CIRCUMSTANCES, EVENT SHALL XXXXXXXX CAMERA T2 BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT THE FAILURE OF THE USE OR INABILITY SOFTWARE TO USE ANY EQUIPMENT RENTED OR PERFORM IF SUCH FAILURE ARISES DUE TO THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED COMBINATION OF THE POSSIBILITY SOFTWARE WITH THIRD PARTY HARDWARE OR SOFTWARE. T2 SHALL NOT COVER REPAIR, LABOR OR REPLACEMENT OF PARTS THAT ARE BY NATURE EXPENDABLE. IN ADDITION, IF APPLICABLE, THE WIRELESS DATA SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS OR INTERCEPTORS AND NEITHER T2 NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER CAN GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS. THIS LIMITED WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS. THE CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM LOCATION TO LOCATION, DEPENDING UPON THE APPLICABLE LAW OF SUCH DAMAGESLOCATION.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT 74.1 WITHOUT PREJUDICE TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT ANY OTHER PROVISIONS OF CUSTOMER’S SOLE SELECTIONTHIS AGREEMENT, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISEABOUT OUR ONLINE TRADING FACILITY, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT, UNDER NO CIRCUMSTANCES, OUR ONLINE TRADING FACILITY IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE". WE SHALL XXXXXXXX CAMERA NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESCOST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE ACCESS OR USE OF OUR ONLINE TRADING FACILITY AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, INCLUDING LOST PROFITSCOMPLETENESS AND USEFULNESS OF ALL INFORMATION, LOST SAVINGS OPINIONS, PRODUCTS, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGHOUR ONLINE TRADING FACILITY OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. 74.2 WE DO NOT WARRANT THAT OUR ONLINE TRADING FACILITY WILL MEET YOUR NEEDS, OR THAT IT/THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF OUR ONLINE TRADING FACILITY WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER DIRECT MATERIAL PURCHASED OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESOBTAINED BY YOU THROUGH OUR ONLINE TRADING FACILITY WILL MEET YOUR EXPECTATIONS.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES NOTHING IN OUR AGREEMENT SHALL EXCLUDE OR LIMIT NST’S WARRANTY OR LIABILITY FOR LOSSES THAT ALL EQUIPMENT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO BE RENTED FROM XXXXXXXX CAMERA YOU, AND YOU EXPRESSLY UNDERSTAND AND AGREE THAT NST’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OR PURCHASE OF SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” CERTAIN PRODUCTS SOLD TO YOU AS “SERVICES” MAY BE ACCOMPANIED BY A MANUFACTURER’S WARRANTY. NST MAY FACILITATE THE APPLICATION OR TRANSFER OF A MANUFACTURER’S WARRANTY, BUT EXPRESSLY PROVIDES NO WARRANTY OF ITS OWN ON ANY PRODUCTS IT SELLS AND EXPRESSLY DISCLAIMS ALL WARRANTIES; B. YOU EXPRESSLY UNDERSTAND AND AGREE THAT INFORMATION CAN BE, AMOUNG OTHER THINGS, INACCURATE, COMMUNICATED IMPROPERLY FROM THE SOURCE, HEARSAY, INHERENTLY UNRELABLE, OR SUBJECT TO MULTIPLE INTERPRETATIONS. IN PARTICULAR, NST AND ITS EMPLOYEES, OFFICERS, DIRECTORS, ATTORNEYS, MEMBERS, OWNERS, SUBSIDIARIES, PARENTS, AFFILIATES, VENTURE PARTNERS, AGENTS, SUBCONTRACTORS, LICENSEES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OR PURCHASE OF SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OR PURCHASE OF SERVICES WILL BE UNINTERRUPTED, FULFILLED, TIMELY, SECURE, OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTIONYOUR USE OR PURCHASE OF SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) DEFECTS IN THE OPERATION OR FUNCTION OF ANY SERVICE OR SOFTWARE PROVIDED OR SOLD TO YOU AS PART OF THE SERVICES CAN BE CORRECTED. C. ALL INFORMATION OR MATERIAL DOWNLOADED, COMMUNICATED, RECEIVED, OR OTHERWISE OBTAINED FROM OR THROUGH US AND RELATED TO YOUR USE OR PURCHASE OF SERVICES IS DONE AT YOUR OWN DISCRETION AND OPINION AS RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR LOSSES OR DAMAGE RESULTING FROM THAT INFORMATION OR MATERIAL, INCLUDING BUT NOT LIMITED TO EQUIPMENT WHICH IT REQUIRES. ANY DAMAGE TO YOUR PERSON, PROPERTY, BUSINESS, COMPUTER SYSTEM, OR OTHER DEVICE OR LOSS OF DATA THAT MAY OCCUR; D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NST OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN OUR AGREEMENT; AND E. NST FURTHER EXPRESSLY DISCLAIMS ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA AND CONDITIONS OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO, THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESAND NON-INFRINGEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT a. Your use of content, software, products, or services that are provided or supported by third parties (“Third-Party Content”) and provided to you by Microsoft is subject to the applicable agreement between you and the Third-Party Content provider. Microsoft does not control or assume any liability for Third-Party Content. If there is a conflict between this Agreement and the Third-Party Content provider’s terms, this Agreement will control. b. The information presented on or through the Partner Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL EQUIPMENT LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PARTNER PORTAL, OR BY ANYONE WHO MAY BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA INFORMED OF ANY TYPE OR NATURE WHATSOEVEROF ITS CONTENTS. FURTHER, EXPRESSED OR IMPLIEDTHE MAICPP, REGARDING THE PERFORMANCE OF CAMERASMICROSOFT MATERIALS, SERVICESTHIRD- PARTY CONTENT, SUPPLIES, FILM AND ANY BENEFITS OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP ARE PROVIDED “AS-IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY AND ALL WARRANTIESKIND, GUARANTEESWHETHER EXPRESS, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, WITH RESPECT TO THE MAICPP, MICROSOFT MATERIALS, THIRD-PARTY CONTENT, ANDANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE MAICPP, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCESNON-INFRINGEMENT, SHALL XXXXXXXX CAMERA OR QUIET ENJOYMENT, ANY WARRANTIES THAT THE MATERIALS OR THIRD-PARTY CONTENT WILL BE RESPONSIBLE ERROR FREE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR FREE OF HARMFUL COMPONENTS, AND ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES WARRANTIES ARISING OUT OF THE USE ANY COURSE OF DEALING OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH USAGE OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESTRADE.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT THE LIVEVOL PLATFORM IS PROVIDED TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER SUBSCRIBER “AS IS”. .” LIVEVOL MAKES NO WARRANTIES EXPRESS OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA IMPLIED WARRANTY CONCERNING THE LIVEVOL PLATFORM, AND LIVEVOL, ON BEHALF OF ANY TYPE OR NATURE WHATSOEVERITSELF AND EACH DATA SUPPLIER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN HEREBY EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE LIVEVOL PLATFORM. IN LIVEVOL MAKES NO EVENTGUARANTY THAT THE LIVEVOL PLATFORM WILL MEET SUBSCRIBER’S REQUIREMENTS, UNDER NO CIRCUMSTANCESBE ERROR FREE, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OPERATE WITHOUT INTERRUPTION. NEITHER LIVEVOL NOR ANY DATA SUPPLIER GUARANTEES OR ANYONE ELSE FOR MAKES ANY DAMAGESREPRESENTATIONS OR WARRANTIES WHATSOEVER THAT ANY DATA, INCLUDING LOST PROFITS, LOST SAVINGS DERIVED DATA OR OTHER DIRECT INFORMATION ACCESSIBLE VIA THE LIVEVOL PLATFORM (A) WILL BE ACCURATE, COMPLETE, TIMELY OR INDIRECT INCIDENTAL SEQUENCED IN A PARTICULAR MANNER, OR CONSEQUENTIAL DAMAGES ARISING OUT (B) WILL BE RELIABLE FOR TRADING PURPOSES. SUBSCRIBER AGREES TO INDEPENDENTLY DETERMINE THAT THE DATA, DERIVED DATA AND OTHER INFORMATION RECEIVED THROUGH THE LIVEVOL PLATFORM IS SUFFICIENT FOR SUBSCRIBER’S PURPOSES. SUBSCRIBER ASSUMES SOLE RESPONSIBILITY AND RISK OF USING THE DATA, DERIVED DATA AND OTHER INFORMATION ACCESSIBLE VIA THE LIVEVOL PLATFORM. THE LIVEVOL PLATFORM IS PROVIDED SOLELY FOR USE AS A TOOL AND IS NOT MEANT AS A GUIDE TO ACTION. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT ANY DATA, DERIVED DATA OR OTHER INFORMATION ACCESSIBLE THROUGH THE LIVEVOL PLATFORM ARE NOT INTENDED TO BE, AND SHOULD NOT BE CONSTRUED OR USED AS, INVESTMENT ADVICE. SUBSCRIBER HEREBY CONFIRMS ITS UNDERSTANDING OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH FOREGOING DISCLOSURES AND AGREES THAT THESE LIMITATIONS ARE REASONABLE ALLOCATIONS OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESRISK.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES NOTHING IN THESE TERMS, INCLUDING THIS SECTION 12 AND SECTION 13, SHALL EXCLUDE OR LIMIT THE COMPANY’S WARRANTY OR LIABILITY FOR LOSSES THAT ALL EQUIPMENT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO BE RENTED FROM XXXXXXXX CAMERA YOU AND METAURUS ADVISORS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB PORTAL IS AT YOUR SOLE RISK AND THAT THE WEB PORTAL IS PROVIDED "AS IS" AND “AS AVAILABLE.” IN PARTICULAR, METAURUS ADVISORS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: • YOUR USE OF THE WEB PORTAL WILL MEET YOUR REQUIREMENTS; • YOUR USE OF THE WEB PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTION, YOUR USE OF THE WEB PORTAL WILL BE ACCURATE OR RELIABLE; • DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEB PORTAL WILL BE CORRECTED. • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB PORTAL IS AT YOUR OWN DISCRETION AND OPINION AS RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES YOUR COMPUTER SYSTEM OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY TYPE SUCH MATERIAL. • NO ADVICE OR NATURE WHATSOEVERINFORMATION, EXPRESSED WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM METAURUS ADVISORS OR THROUGH OR FROM THE WEB PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. METAURUS ADVISORS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPURPOSE AND NON- INFRINGEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED OR BORROWED FROM XXXXXXXX CAMERA LESS WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO THE EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA LESS OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM SUPPLIES OR OTHER EQUIPMENT RENTEDRENTED OR BORROWED. XXXXXXXX CAMERA LESS HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO ANY CIRCUMSTANCES, SHALL XXXXXXXX CAMERA LESS BE RESPONSIBLE OR LIABLE TO CUSTOMER OR TO ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITSREVENUE, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR BORROWED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA LESS OR XXXXXXXX CAMERALESS’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES NOTHING IN THESE TERMS, INCLUDING THIS SECTION 12 AND SECTION 13, SHALL EXCLUDE OR LIMIT THE COMPANYʼS WARRANTY OR LIABILITY FOR LOSSES THAT ALL EQUIPMENT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO BE RENTED FROM XXXXXXXX CAMERA YOU AND NORTH CAPITAL'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB PORTAL IS AT YOUR SOLE RISK AND THAT THE WEB PORTAL IS PROVIDED "AS IS" AND “AS AVAILABLE.” IN PARTICULAR, NORTH CAPITAL, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: • YOUR USE OF THE WEB PORTAL WILL MEET YOUR REQUIREMENTS; • YOUR USE OF THE WEB PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTION, YOUR USE OF THE WEB PORTAL WILL BE ACCURATE OR RELIABLE; • DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEB PORTAL WILL BE CORRECTED. • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB PORTAL IS AT YOUR OWN DISCRETION AND OPINION AS RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES YOUR COMPUTER SYSTEM OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY TYPE SUCH MATERIAL. • NO ADVICE OR NATURE WHATSOEVERINFORMATION, EXPRESSED WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NORTH CAPITAL OR THROUGH OR FROM THE WEB PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. NORTH CAPITAL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPURPOSE AND NON- INFRINGEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE a. YOUR RIGHTS AND REMEDIES AS A RESULT OF CUSTOMER’S SOLE SELECTIONSET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. YOU WAIVE AND RELEASE, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF WE DISCLAIM, ANY TYPE OR NATURE WHATSOEVEROTHER REPRESENTATIONS, EXPRESSED WARRANTIES, OBLIGATIONS AND LIABILITIES, EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM ARISING BY LAW OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES OTHERWISE WITH RESPECT TO ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED MATTERS ARISING UNDER OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISEIN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (I) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OTHER IMPLIED CONTRACTUAL WARRANTY AND (II) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE AND ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. IN WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT OPERATION OF THE SERVICES, EQUIPMENT OR ANY SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED. b. WE MAKE NO EVENTWARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA OUR FACILITIES OR THE SERVICE (WHETHER SUCH COMMUNICATIONS ARE DIRECTED WITHIN THE SERVICE, UNDER NO CIRCUMSTANCESOR OUTSIDE THE SERVICE TO THE INTERNET), SHALL XXXXXXXX CAMERA OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR ONLINE COMMUNICATIONS. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF SUCH UNAUTHORIZED ACCESS. YOU HAVE THE USE OR INABILITY SOLE RESPONSIBILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSECURE YOUR COMPUTERS AND ONLINE COMMUNICATIONS.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES APART FROM THE SPECIFIC WARRANTIES SET OUT HEREIN, ALL SERVICES AND PRODUCTS, INCLUDING BUT NOT LIMITED TO THE ASSETS AND THE INTELLECTUAL PROPERTY OR ANY PORTION THEREOF, PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" BASIS. NEITHER SELLERS NOR ANY OF THEIR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR LICENSORS WARRANTS THAT ALL EQUIPMENT THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO BE RENTED FROM XXXXXXXX CAMERA THE ASSETS AND THE INTELLECTUAL PROPERTY OR ANY PORTION THEREOF, PROVIDED PURSUANT TO THIS AGREEMENT WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONUNINTERRUPTED OR FREE FROM ERRORS, DISCRETION DEFECTS, AND OPINION AS PROBLEMS, NOR DOES SELLERS WARRANT THAT CERTAIN RESULTS MAY BE OBTAINED BY PURCHASER IN CONNECTION WITH THE SERVICES OR PRODUCTS INCLUDING BUT NOT LIMITED TO EQUIPMENT WHICH IT REQUIRESTHE ASSETS AND THE INTELLECTUAL PROPERTY OR ANY PORTION THEREOF. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. SELLERS AND THEIR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND LICENSORS MAKE NO WARRANTIES WARRANTY, GUARANTEE OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE REPRESENTATION EITHER EXPRESS OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, IMPLIED REGARDING THE PERFORMANCE OF CAMERASMERCHANTABILITY, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF ANY SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO THE ASSETS AND THE INTELLECTUAL PROPERTY OR ANY PORTION THEREOF, PROVIDED UNDER THIS AGREEMENT. IN NO EVENTWITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCESEXCEPT AS EXPRESSLY STATED HEREIN, SHALL XXXXXXXX CAMERA BE RESPONSIBLE SELLERS DO NOT MAKE ANY WARRANTY OR LIABLE TO CUSTOMER OR ANYONE ELSE GUARANTEE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS THIRD PARTY PRODUCTS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSERVICE.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE EXCEPT AS A RESULT OF CUSTOMER’S SOLE SELECTIONEXPRESSLY SET FORTH HEREIN, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. ACRES GRANTS NO WARRANTIES RELATED TO THE SOFTWARE OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA FIRMWARE OR MAINTENANCE, UPDATE, AND/OR THE OPERATION OF ANY TYPE UPDATES IN CONNECTION WITH THE SOFTWARE AND/OR NATURE WHATSOEVERFIRMWARE, EXPRESSED EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO, THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. ACRES NEITHER ASSUMES NOR AUTHORIZES IGT OR ANY OTHER PERSON TO ASSUME FOR ACRES, ANY WARRANTY EXCEPT AS MAY BE SPECIFICALLY PROVIDED IN NO EVENT, UNDER NO CIRCUMSTANCES, WRITING BY ACRES. NEITHER ACRES NOR ITS VENDORS SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER IGT OR ANYONE ELSE THIRD PARTIES FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITSINCLUDING, LOST SAVINGS BUT NOT LIMITED TO, THE LOSS OF PROFIT OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT FROM THE LOSS OF THE USE DATA OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREINDATA BEING RENDERED INACCURATE, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE IF ACRES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ACRES' MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT IGT IS OBLIGATED TO PAY ACRES PURSUANT TO THIS AGREEMENT. THE PROVISIONS OF THIS ARTICLE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IGT AND ACRES, AND ACRES WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE AND FIRMWARE WITHOUT SUCH LIMITATIONS.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT 73.1 WITHOUT PREJUDICE TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT ANY OTHER PROVISIONS OF CUSTOMER’S SOLE SELECTIONTHIS AGREEMENT, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISEABOUT OUR ONLINE TRADING FACILITY, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT, UNDER NO CIRCUMSTANCES, OUR ONLINE TRADING FACILITY IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE”. WE SHALL XXXXXXXX CAMERA NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESCOST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE ACCESS OR USE OF OUR ONLINE TRADING FACILITY AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, INCLUDING LOST PROFITSCOMPLETENESS AND USEFULNESS OF ALL INFORMATION, LOST SAVINGS OPINIONS, PRODUCTS, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH OUR ONLINE TRADING FACILITY OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. 73.2 WE DO NOT WARRANT THAT OUR ONLINE TRADING FACILITY WILL MEET YOUR NEEDS, OR THAT IT/THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF OUR ONLINE TRADING FACILITY WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER DIRECT MATERIAL PURCHASED OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESOBTAINED BY YOU THROUGH OUR ONLINE TRADING FACILITY WILL MEET YOUR EXPECTATIONS.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT NOTHING IN THESE TERMS OF SERVICE (TOS), INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT ENGUILD’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS OF SERVICE, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO BE RENTED FROM XXXXXXXX CAMERA YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” IN PARTICULAR, ENGUILD, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: A. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, B. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, C. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTIONYOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND D. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND OPINION AS RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENGUILD OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. ENGUILD FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA AND CONDITIONS OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPURPOSE AND NON-INFRINGEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT 22.1 ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA ORCA SERVICES PROVIDED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY USE OF THE ORCA SERVICES IS AT THE BUSINESS ACCOUNT'S SOLE DISCRETION AND RISK. 22.2 BY WAY OF EXAMPLE AND NOT LIMITATION, THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SPECIFICALLY DO NOT REPRESENT AND WARRANT THAT: A. THE BUSINESS ACCOUNT'S USE OF THE ORCA SERVICES WILL BE UNITERRUPTED, TIMELY, FREE FROM ERROR AND OTHERWISE MEETING ITS REQUIREMENTS; B. ANY INFORMATION OBTAINED BY THE BUSINESS ACCOUNT AS A RESULT OF CUSTOMER’S SOLE SELECTIONUSING THE ORCAS SERVICES WILL BE ACCURATE AND RELIABLE; AND C. ANY USE OF THE ORCA WEBSITES, DISCRETION INCLUDING BUT NOT LIMITED TO THE CONTENT OR MATERIAL DOWNLOADED FROM SAID WEBSITES, WILL BE FREE OF DEFECTS, VIRUSES, MALWARE, HACKS OR POTENTIALLY HARMFUL INTRUSIONS. 22.3 TO THE EXTENT PERMITTED BY LAW, THE LEAD AGENCY AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. EACH OF THE OTHER AGENCIES DISCLAIMS ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ; ANY WARRANTIES OF QUIET ENJOYMENT OR NON-INFRINGEMENT; AND ANY WARRANTIES CREATED BY TRADE USEAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. 22.4 NO EVENTADVICE OR INFORMATION, UNDER NO CIRCUMSTANCESWHETHER ORAL OR WRITTEN, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OBTAINED FROM THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED AGENCIES OR THE ALLEGED BREACH OF ORCA SYSTEM SHALL REVISE OR CREATE ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESWARRANTY.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT (a) EXCEPT AS EXPRESSLY PROVIDED IN THE ADDENDUM APPLICABLE TO BE RENTED FROM XXXXXXXX CAMERA WILL BE THE PRODUCTS AND/OR SERVICES OR AS A RESULT OF CUSTOMER’S SOLE SELECTIONOTHERWISE EXPRESSLY CONFIRMED IN WRITING BY T2, DISCRETION THE PRODUCTS AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “SERVICES ARE PROVIDED "AS IS”. NO WARRANTIES " WITHOUT WARRANTY OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA REPRESENTATION OF ANY TYPE OR NATURE WHATSOEVERKIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESSED T2 AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING WHETHER ARISING UNDER STATUTE, FROM A COURSE OF DEALING, USAGE, CUSTOM OF THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, TRADE OR OTHERWISE, INCLUDING REGARDING THE PRODUCTS OR SERVICES, THE DOCUMENTATION, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCESSIBILITY, PRIVACY OF FILES OR SECURITY. (b) T2 DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL BE UNAFFECTED BY BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS, NOR DOES T2 WARRANT THAT CUSTOMER'S USE THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET ALL OF THE CUSTOMER'S REQUIREMENTS. FURTHER, T2 DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE ON ANY PARTICULAR CONFIGURATION OF SOFTWARE, OPERATING SYSTEM OR COMPUTER SYSTEM. ANY HARDWARE PURCHASED FROM SOURCES OUTSIDE OF T2 WILL BE THE SOLE RESPONSIBILITY OF THE CUSTOMER. T2 WILL NOT BE RESPONSIBLE FOR THE FAILURE OF THE SOFTWARE TO PERFORM TO THE EXTENT THAT SUCH FAILURE TO PERFORM IS DUE TO THE FAILURE OF A THIRD PARTY FUNCTION, SUCH AS INTERNET AVAILABILITY REQUIRED FOR THE CONNECTION BETWEEN THE HARDWARE AND SOFTWARE OR THE WIRELESS NETWORK AVAILABILITY REQUIRED FOR THE T2 SOFTWARE TO BE ABLE TO SEND AND RECEIVE DATA. IN NO EVENT, UNDER NO CIRCUMSTANCES, EVENT SHALL XXXXXXXX CAMERA T2 BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT THE FAILURE OF THE USE OR INABILITY SOFTWARE TO USE ANY EQUIPMENT RENTED OR PERFORM IF SUCH FAILURE ARISES DUE TO THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED COMBINATION OF THE POSSIBILITY SOFTWARE WITH THIRD PARTY HARDWARE OR SOFTWARE. T2 SHALL NOT COVER REPAIR, LABOR OR REPLACEMENT OF PARTS THAT ARE BY NATURE EXPENDABLE. IN ADDITION, IF APPLICABLE, THE WIRELESS DATA SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS OR INTERCEPTORS AND NEITHER T2 NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER CAN GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS. (c) THIS LIMITED WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS. THE CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM LOCATION TO LOCATION, DEPENDING UPON THE APPLICABLE LAW OF SUCH DAMAGESLOCATION.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA EXODUS LASERS WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS REPRESENTA- TIONS ARE MADE BY XXXXXXXX CAMERA EXODUS LASERS OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED EX- PRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERASCOSMETIC LASER(S), SERVICESSER- VICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA EXODUS LASERS HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORYSTAT- UTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES WARRAN- TIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA EXODUS LASERS BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITSPROF- ITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED RENT- ED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA EXODUS LASERS OR XXXXXXXX CAMERA’S EXODUS LASERS’ AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION THE LUX SYSTEM AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER SERVICES ARE PROVIDED “AS IS”. ,” WITH NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER. ALL EXPRESS, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL STATUTORY WARRANTIES, GUARANTEESINCLUDING, EXPRESSED OR IMPLIEDWITHOUT LIMITATION, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED THE WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LUX AND ITS AFFILIATES, DISTRIBUTORS, AND STRATEGIC PARTNERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE LUX SYSTEM AND/OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, LUX AND ITS AFFILIATES, DISTRIBUTORS, AND STRATEGIC PARTNERS DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LUX SYSTEM OR RECEIVED THROUGH ANY LINKS PROVIDED IN NO EVENTTHE LUX SYSTEM, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE AS WELL AS FOR ANY DAMAGESINFORMATION OR ADVICE RECEIVED THROUGH THE LUX SYSTEM OR THROUGH ANY LINKS PROVIDED BY THE LUX SYSTEM. LUX AND ITS AFFILIATES, INCLUDING LOST PROFITSDISTRIBUTORS, LOST SAVINGS AND STRATEGIC PARTNERS SIMILARLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ADVICE OBTAINED THROUGH THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLUX SYSTEM.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA VUUZLE FILM PRODUCTIONS HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA VUUZLE FILM PRODUCTIONS BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT 13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT RYDLR’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO BE RENTED FROM XXXXXXXX CAMERA YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” 13.3 IN PARTICULAR, RYDLR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTIONYOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND OPINION AS RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES YOUR COMPUTER SYSTEM OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY TYPE SUCH MATERIAL. 13.5 NO ADVICE OR NATURE WHATSOEVERINFORMATION, EXPRESSED WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RYDLR OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 13.6 RYDLR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPURPOSE AND NON-INFRINGEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT 1. THE LIMITED WARRANTY DESCRIBED IN SECTION H, ABOVE IS THE ONLY WARRANTY WE MAKE WITH RESPECT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONTHE SOFTWARE, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER OTHERWISE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH ALL FAULTS. NO WE DO NOT WARRANT THE OSS COMPONENTS IN ANY WAY. WE DO NOT MAKE ANY OTHER WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF TO YOU UNDER THIS AGREEMENT, AND WE HEREBY SPECIFICALLY DISCLAIM ANY TYPE OR NATURE WHATSOEVEROTHER WARRANTIES, EXPRESSED OR WHETHER EXPRESS, IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCESNON- INFRINGEMENT, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER ANY WARRANTIES OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 2. IN PARTICULAR, PLURIBUS DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SOFTWARE OR DOCUMENTATION WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SOFTWARE OR INABILITY ACCESS TO THE DOCUMENTATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (III) ANY INFORMATION THAT YOU OBTAIN AS A RESULT OF YOUR USE ANY EQUIPMENT RENTED OF THE SOFTWARE OR DOCUMENTATION WILL BE ACCURATE OR RELIABLE; OR (IV) THAT DEFECTS IN THE ALLEGED BREACH OPERATION OR FUNCTIONALITY OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT SOFTWARE PROVIDED TO YOU WILL BE CORRECTED. 3. YOU ACKNOWLEDGE THAT XXXXXXXX CAMERA ANY MATERIAL YOU DOWNLOAD OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OTHERWISE OBTAIN THROUGH YOUR USE OF THE POSSIBILITY SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU, AND NOT PLURIBUS, WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH DAMAGESMATERIAL. 4. YOU ACKNOWLEDGE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM PLURIBUS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT SUBJECT TO PROVIDER’S COMPLIANCE WITH ITS OBLIGATIONS AND RESPONSIBILITIES SET FORTH HEREIN, INCLUDING IN SECTIONS 2.4, 3.1, 4.1, AND 7.1 AND THIS SECTION 8, AND OTHERWISE WITH RESPECT TO THE INSTALLATION WORK, SYSTEM OPERATIONS, AND SOLAR OUTPUT PROVIDED BY PROVIDER TO PURCHASER PURSUANT TO EACH SPPA, THE INSTALLATION WORK, SYSTEM OPERATIONS, AND SOLAR OUTPUT SHALL BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONPROVIDED BY PROVIDER TO PURCHASER “AS-IS WHERE-IS.” NO OTHER WARRANTY TO PURCHASER OR ANY OTHER PERSON, DISCRETION AND OPINION WHETHER EXPRESS, IMPLIED OR STATUTORY, IS MADE AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVERTHE INSTALLATION, EXPRESSED OR IMPLIEDDESIGN, REGARDING THE PERFORMANCE OF CAMERASDESCRIPTION, SERVICESQUALITY, SUPPLIESMERCHANTABILITY, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIESCOMPLETENESS, GUARANTEESUSEFUL LIFE, EXPRESSED OR IMPLIEDFUTURE ECONOMIC VIABILITY, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT PURPOSE OF THE USE SYSTEM, THE SOLAR OUTPUT OR INABILITY TO USE ANY EQUIPMENT RENTED OTHER SERVICE PROVIDED HEREUNDER OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN OR AS TO ANY OTHER MATTER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY PROVIDER. PURCHASER MAKES NO REPRESENTATION OR WARRANTY AS TO THE EVENT THAT XXXXXXXX CAMERA LEVEL OF PAST, PRESENT OR XXXXXXXX CAMERAFUTURE ENERGY CONSUMPTION AT THE PREMISES, NOR SHALL ANY PROVISION OF THIS AGREEMENT REQUIRE PURCHASER TO CONTINUE TO OPERATE THE PREMISES OR RESTRICT PURCHASER’S AGENTS HAVE BEEN ADVISED RIGHTS TO SELL, LEASE OR DISPOSE OF THE POSSIBILITY PREMISES, PROVIDED THAT PURCHASER COMPLIES WITH THE TERMINATION REQUIREMENTS IN THIS MASTER AGREEMENT, INCLUDING THE PAYMENT OF SUCH DAMAGESANY EARLY TERMINATION FEE, IF APPLICABLE.

Exclusion of Warranties. CUSTOMER (A) THE WARRANTY DESCRIBED HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO SHALL BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION EXCLUSIVE AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA IN LIEU OF ANY TYPE OR NATURE WHATSOEVERAND ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, REGARDING INCLUDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SELLER ALSO DISCLAIMS AND BUYER WAIVES ANY LIABILITY OF SELLER IN NO EVENTTORT, UNDER NO CIRCUMSTANCESSTRICT OR OTHERWISE, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE OTHERWISE IN LAW, FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL CONSEQUENTIAL, RESULTING FROM A DEFECT IN DESIGN, MATERIAL, WORKMANSHIP, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE MANUFACTURE, WHETHER OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN NOT OCCASIONED BY SELLER'S NEGLIGENCE. (B) THIS WARRANTY SHALL NOT APPLY IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OCCURRENCE OF ANY OF THE FOLLOWING CONDITIONS, REGARDLESS WHETHER SUCH DAMAGESCONDITIONS ARE OCCASIONED BY THE NEGLIGENCE OF THE BUYER OR ANY OTHER PARTY: (1) DAMAGE INCURRED IN THE HANDLING OR SHIPMENT OF THE PRODUCT; (2) DAMAGE INCURRED AS A RESULT OF IMPROPER STORAGE PRIOR TO INSTALLATION THAT ALLOWS FOR POOR CIRCULATION; (3) DAMAGE RESULTING FROM SALTWATER MARINE ATMOSPHERES OR CONSTANT SPRAYING OF EITHER SALT OR FRESH WATER, FALLOUT OR EXPOSURE TO CORROSIVE CHEMICALS, FUMES, ASH, CEMENT DUST OR ANIMAL WASTE, WATER RUNOFF FROM LEAD OR COPPER FLASHINGS OR AREAS IN METALLIC CONTACT WITH LEAD OR COPPER, OR CONDITIONS/CIRCUMSTANCES WHERE CORROSIVE FUMES OR CONDENSATES ARE GENERATED OR RELEASED INSIDE THE BUILDING, BENDS LESS THAN 4T, FAILURE TO REMOVE DEBRIS FROM THE PANELS, SCOURING OR CLEANING PROCEDURES, CONTACT WITH DAMP INSULATION OR OTHER CORROSIVE MATERIALS, CONTACT WITH IMPROPER FASTENERS; (4) DAMAGE RESULTING FROM EDGE CORROSION ; (5) ACTS OF GOD, FALLING OBJECTS, EXPLOSIONS, FIRE OR OTHER SIMILAR OR DISSIMILAR OCCURRENCES BEYOND FABRAL’S CONTROL; (5) IMPRO PER INSTALLATION; (6) ANY PRODUCT THAT HAS BEEN ABUSED. (C) THE WARRANTY DESCRIBED HEREIN IS LIMITED TO THE PANEL'S STANDARD EXTERIOR SIDE FINISH.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONEXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT OR THE LICENSE AGREEMENT, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES (I) NEITHER ZOGENIX, ITS CONTRACT MANUFACTURERS NOR ANY PERSON ON ZOGENIX' BEHALF HAS MADE OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF MAKES ANY TYPE EXPRESS OR NATURE IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED EITHER ORAL OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISEWRITTEN, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (II) ENDO ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY ZOGENIX, OR ANY OTHER PERSON ON ZOGENIX’ BEHALF, EXCEPT AS ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. SPECIFICALLY PROVIDED IN NO EVENTTHIS AGREEMENT, UNDER NO CIRCUMSTANCESTHE PURCHASE AGREEMENT OR IN THE LICENSE AGREEMENT. THE WARRANTIES SET FORTH IN THIS AGREEMENT MAY BE ASSERTED ONLY BY ENDO AND NOT ANY AFFILIATE, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESSUBLICENSEE, INCLUDING LOST PROFITSDISTRIBUTOR, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT THIRD PARTY PURCHASERS OF THE USE PRODUCT (BUT FOR CLARITY, MAY BE ASSERTED BY A THIRD PARTY ACQUIRER OF ENDO'S RIGHTS HEREUNDER). ENDO SHALL BE SOLELY RESPONSIBLE FOR ALL REPRESENTATIONS, WARRANTIES AND COVENANTS THAT ENDO, ITS AFFILIATES, SUBLICENSEES OR INABILITY DISTRIBUTORS MADE OR MAKE TO USE THIRD PARTIES INCLUDING THIRD PARTY PURCHASERS. NOTHING IN THIS SECTION 9.6 IS INTENDED TO LIMIT ENDO'S RIGHTS UNDER THE PURCHASE AGREEMENT WITH RESPECT TO ANY EQUIPMENT RENTED REPRESENTATIONS OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESWARRANTIES MADE BY ZOGENIX THEREIN.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT 75.1. WITHOUT PREJUDICE TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT ANY OTHER PROVISIONS OF CUSTOMER’S SOLE SELECTIONTHIS AGREEMENT, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISEABOUT OUR ONLINE TRADING FACILITY, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT, UNDER NO CIRCUMSTANCES, OUR ONLINE TRADING FACILITY IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE". WE SHALL XXXXXXXX CAMERA NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESCOST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE ACCESS OR USE OF OUR ONLINE TRADING FACILITY AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, INCLUDING LOST PROFITSCOMPLETENESS AND USEFULNESS OF ALL INFORMATION, LOST SAVINGS OPINIONS, PRODUCTS, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH OUR ONLINE TRADING FACILITY OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. 75.2. WE DO NOT WARRANT THAT OUR ONLINE TRADING FACILITY WILL MEET YOUR NEEDS, OR THAT IT/THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF OUR ONLINE TRADING FACILITY WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER DIRECT MATERIAL PURCHASED OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESOBTAINED BY YOU THROUGH OUR ONLINE TRADING FACILITY WILL MEET YOUR EXPECTATIONS.

Exclusion of Warranties. NOTWITHSTANDING ANYTHING ELSE STATED IN THIS AGREEMENT OR ELSEWHERE, BUSINESSOLVER DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES REGARDING ITS SERVICES (INCLUDING IMPLIED REPRESENTATIONS OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE) OR REGARDING THE PRODUCTS WHICH MAY BE OFFERED OVER CUSTOMER'S WEBSITE OR WEB PAGES OR THAT CUSTOMER'S WEBSITE OR WEB PAGES SHALL BE UNINTERRUPTED OR ERROR-FREE. FURTHER, NOTHING IN THIS AGREEMENT NOR THE PERFORMANCE OF SERVICES BY BUSINESSOLVER SHALL SUPERCEDE ANY CARRIER PLANS PROVIDED BY THE CUSTOMER NOR SHALL BUSINESSOLVER ASSUME ANY RESPONSIBILITY OR LIABILITY RELATING TO ANY CARRIER ACT OR OMISSIONS. Section 8.2. Limitation of Damages. IN NO EVENT, EVENT SHALL BUSINESSOLVER BE LIABLE TO CUSTOMER FOR ANY AMOUNT IN EXCESS OF THE TOTAL AMOUNT PAID TO AND RETAINED BY BUSINESSOLVER FROM CUSTOMER FOR THE PRECEDING TWELVE (12) MONTHS. UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BUSINESSOLVER BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESINDIRECT, INCLUDING LOST PROFITSSPECIAL, LOST SAVINGS INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DIRECT EXEMPLARY DAMAGES (WHETHER ALLEGED IN TORT, CONTRACT, INDEMNITY OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREINOTHERWISE, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE IF IT HAS BEEN ADVISED APPRISED OF THE POSSIBILITY OF SUCH THE DAMAGES), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT OR INTERRUPTION OF BUSINESS OR FROM ANY INTERRUPTION OR ERRORS IN CUSTOMER'S ENROLLMENT WEBSITE.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT YOUR USE OF CUSTOMER’S ONLINE BANKING IS AT YOUR SOLE SELECTION, DISCRETION RISK AND OPINION THAT THE ENTIRE RISK AS TO EQUIPMENT WHICH IT REQUIRESSATISFACTORY QUALITY, PERFORMANCE AND EFFORT IN USING ONLINE BANKING IS WITH YOU. ALL EQUIPMENT YOU ACKNOWLEDGE AND AGREE THAT ONLINE BANKING IS ACCEPTED BY CUSTOMER “PROVIDED ON AN "AS IS”" AND "AS AVAILABLE" BASIS. NO EXCEPT AS MAY OTHERWISE BE EXPRESSLY STATED, NEITHER ONLINE BANKING NOR THE ANY THIRD PARTY SERVICE PROVIDER NOR THE CREDIT UNION IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN, OR ANY INFORMATION RESULTING FROM, YOUR USE OF ONLINE BANKING. NEITHER ONLINE BANKING NOR ANY THIRD PARTY SERVICE PROVIDER NOR THE CREDIT UNION MAKES ANY WARRANTIES OR REPRESENTATIONS AND ALL WARRANTIES ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVEREXPRESSLY DISCLAIMED, EXPRESSED WHETHER EXPRESS OR IMPLIED, REGARDING ONLINE BANKING INCLUDING THE PERFORMANCE WARRANTY OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY TITLE AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT WITHOUT LIMITING THE GENERALITY OF THE USE FOREGOING, THE CREDIT UNION DISCLAIMS ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR INABILITY FUNCTIONALITY OF ONLINE BANKING (INCLUDING, WITHOUT LIMITATION, THAT ONLINE BANKING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE). YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS AND YOU HEREBY ASSUME ALL RISKS RELATING TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH FOREGOING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF ANY AGREEMENT DESCRIBED HEREINCERTAIN WARRANTIES, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGESABOVE LIMITATIONS MAY NOT APPLY TO YOU. The Credit Union shall not be responsible for your acts or omissions in using Online Banking nor the acts or omissions of any other person or entity, including without limitation, any Federal Reserve financial institution, automated clearing house or transmission, information or communications facility, any receiver, beneficiary, intermediary financial institution or receiving depository financial institution and no such person shall be deemed to be an agent of Online Banking.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES 14.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT YOUR USE OF CUSTOMER’S THE SERVICES AND HOSTED TRIAL MATERIALS IS AT YOUR SOLE SELECTION, DISCRETION RISK AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER THAT THE SERVICES AND HOSTED TRIAL MATERIALS ARE PROVIDED “AS IS”. NO ” AND “AS AVAILABLE” WITHOUT WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED KIND EITHER EXPRESS OR IMPLIED, REGARDING . TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OR OTHERWISEMIRANTIS MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, CORRECTNESS, ACCURACY AND RELIABILITY. IN NO EVENTWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCESMIRANTIS DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SHALL XXXXXXXX CAMERA TIMELY, SECURE OR FREE FROM ERROR; (III) ANY DATA PROVIDED THROUGH THE SERVICES WILL BE RESPONSIBLE ACCURATE; OR LIABLE TO CUSTOMER (IV) THE SERVICES, HOSTED TRIAL MATERIALS, USER CONTENT, OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OTHER CONTENT OR FEATURE MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESHARMFUL COMPONENTS.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT THE SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. FURTHERMORE, THE WEBSITE MAY BE SUBJECT TO BE RENTED FROM XXXXXXXX CAMERA CHANGES IN BOTIKA’S PRACTICES AND POLICIES REGARDING VARIOUS FEA- TURES INCLUDED ON THE WEBSITE. IN ADDITION, BOTIKA GIVES NO WARRANTY REGARDING THE ONGOING NON-INTERRUPTABLE AVAILABILTY OF THE WEBSITE OR THE TIMES AT WHICH IT WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONAVAILABLE. WITHOUT LIMITING THE FOREGOING, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF BOTIKA EXPLICITLY DISCLAIMS ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT AND/OR QUALITY OF SERVICE. BOTIKA MAKES NO WARRANTY THAT THE WEBSITE AND/OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SE- CURE, OR ERROR-FREE BASIS. YOU UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPOSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR DATA STORED ON IT. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA EVENT WILL BOTIKA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESINDIRECT, INCLUDING LOST PROFITSSPECIAL, LOST SAVINGS OR OTHER DIRECT OR INDIRECT PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE USE OR UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO USE ANY EQUIPMENT RENTED OR IMPROPER USE OF THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREINWEBSITE, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BOTIKA’S LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED FEES PAID BY YOU TO BOTIKA IN CONNECTION WITH THE SERVICE HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM; OR TO THE EXTENT NO SUCH DAMAGESFEES APPLY, BOTIKA SHALL HAVE NO LIABILITY WHATSOEVER.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE INSTALLATION WORK, SYSTEM OPERATIONS, AND SOLAR SERVICES PROVIDED BY PROVIDER TO HOST PURSUANT TO THIS AGREEMENT SHALL BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION“AS-IS WHERE-IS.” NO OTHER WARRANTY TO HOST OR ANY OTHER PERSON, DISCRETION AND OPINION WHETHER EXPRESS, IMPLIED OR STATUTORY, IS MADE AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVERTHE INSTALLATION, EXPRESSED OR IMPLIEDDESIGN, REGARDING THE PERFORMANCE OF CAMERASDESCRIPTION, SERVICESQUALITY, SUPPLIESMERCHANTABILITY, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIESCOMPLETENESS, GUARANTEESUSEFUL LIFE, EXPRESSED OR IMPLIEDFUTURE ECONOMIC VIABILITY, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT PURPOSE OF THE USE SYSTEM, THE SOLAR SERVICES OR INABILITY TO USE ANY EQUIPMENT RENTED OTHER SERVICE PROVIDED HEREUNDER OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN OR AS TO ANY OTHER MATTER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY PROVIDER. HOST MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEVEL OF PAST, PRESENT OR FUTURE ENERGY CONSUMPTION AT THE PROPERTY. NOR SHALL ANY PROVISION OF THIS AGREEMENT REQUIRE HOST TO CONTINUE TO OPERATE THE PROPERTY OR RESTRICT HOST’S RIGHTS TO SELL, LEASE OR DISPOSE OF PROPERTY, PROVIDED THAT HOST COMPLIES WITH THE TERMINATION REQUIREMENTS IN THIS AGREEMENT. HOST MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE EVENT THAT XXXXXXXX CAMERA PROPERTY OR XXXXXXXX CAMERASYSTEM SITE OR CONDITIONS OF ANY PROPERTY. PROVIDER’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY ACCESS TO AND USE OF SUCH DAMAGESPROPERTY, SYSTEM SITE OR OTHER PROPERTY SHALL BE “AS-IS WHERE-IS.”

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT THE SOFTWARE AND SUPPLEMENTARY SOFTWARE ARE FURNISHED TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER THE LICENSEE “AS IS”. NO WARRANTIES ” AND “AS AVAILABLE” AND WITHOUT WARRANTIES, DUTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA CONDITIONS, STATUTORY OR OTHERWISE, OF ANY TYPE OR NATURE WHATSOEVERKIND. CMC AND RELEVANT THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED DUTIES AND CONDITIONS, EXPRESS (EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE BY THIS XXXX) OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, STATUTORY OR OTHERWISE, OF ANY KIND, INCLUDING ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENTCMC AND RELEVANT THIRD PARTY LICENSORS DO NOT WARRANT THAT THE SOFTWARE OR SUPPLEMENTARY SOFTWARE, UNDER NO CIRCUMSTANCESWILL MEET THE LICENSEE’S REQUIREMENTS OR PROVIDE SPECIFIC RESULTS, SHALL XXXXXXXX CAMERA OR THAT THEY WILL BE RESPONSIBLE UPDATED, OR LIABLE THAT THE OPERATION OF ALL OR ANY OF THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL NOT DAMAGE ANY OTHER SOFTWARE, HARDWARE OR DATA, OR THAT ANY NETWORK SERVICES OR PRODUCTS (OTHER THAN THE SOFTWARE) UPON WHICH THE SOFTWARE’S PERFORMANCE DEPENDS WILL CONTINUE TO CUSTOMER BE AVAILABLE, UNINTERRUPTED OR ANYONE ELSE FOR UNMODIFIED. FURTHERMORE, CMC AND RELEVANT THIRD PARTY LICENSORS DO NOT WARRANT OR MAKE ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS REPRESENTATIONS OR OTHER DIRECT CONDITIONS REGARDING THE USE OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT THE RESULTS OF THE USE OF THE SOFTWARE OR INABILITY SUPPLEMENTARY SOFTWARE IN TERMS OF THEIR ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. CMC AND RELEVANT THIRD PARTY LICENSORS SHALL HAVE NO RESPONSIBILITY FOR THE SECURITY OF, TIMELINESS, DELETION, MIS- DELIVERY, OR FAILURE TO USE STORE ANY EQUIPMENT RENTED OF THE LICENSEE’S COMMUNICATIONS OR PERSONALIZED SETTINGS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CMC, OR ANY THIRD PARTY SHALL CREATE A WARRANTY, DUTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY, DUTY AND CONDITION. SHOULD THE SOFTWARE OR THE ALLEGED BREACH MEDIA ON WHICH IT IS FURNISHED OR THE SUPPLEMENTARY SOFTWARE PROVE DEFECTIVE, THE LICENSEE (AND NOT CMC OR ANY THIRD PARTY) ASSUME THE ENTIRE COST OF ANY AGREEMENT DESCRIBED HEREINALL NECESSARY SERVICING, EVEN IN REPAIR, OR CORRECTION. WARNING: IF THE EVENT LICENSEE IS RECEIVING AN EVALUATION LICENSE, THE SOFTWARE MAY CONTAIN A MECHANISM THAT XXXXXXXX CAMERA WILL CAUSE THE SOFTWARE TO CEASE PROPER OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED FULL FUNCTIONING AFTER AN EVALUATION PERIOD. THIS MAY OCCUR BEFORE OR AFTER EXPIRATION OR TERMINATION OF THE POSSIBILITY OF LICENSE, SO THE LICENSEE MUST BE PREPARED FOR SUCH DAMAGESEVENT AT ALL TIMES AND MAY NOT RELY ON THE SOFTWARE.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES 10.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT NOWPAYMENT’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. 10.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT YOUR USE OF CUSTOMER’S THE SERVICES IS AT YOUR SOLE SELECTION, DISCRETION RISK AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “THAT THE SERVICES ARE PROVIDED "AS IS”. NO " AND "AS AVAILABLE" WITHOUT WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOWPAYMENTS MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT CORRECTNESS, ACCURACY AND RELIABILITY. 10.3. IN NO EVENTWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCESNOWPAYMENTS DOES NOT REPRESENT OR WARRANT TO YOU THAT: ● YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; ● YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SHALL XXXXXXXX CAMERA TIMELY, SECURE OR FREE FROM ERROR; ● USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE RESPONSIBLE ACCURATE; ● THE SERVICES OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.4. NOWPAYMENTS IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD NOWPAYMENTS LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON OR ACCESSED VIA THE SERVICES, INCLUDING OPERATORS OF THIRD PARTY SERVICES AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. 10.5. NOWPAYMENTS WILL NOT BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESDELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE ITS REASONABLE CONTROL, INCLUDING LOST PROFITSINCLUDING, LOST SAVINGS BUT NOT LIMITED TO, ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOS, ACTS OF CIVIL OR OTHER DIRECT MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, STRIKES OR INDIRECT INCIDENTAL SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESMATERIALS.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE EXCEPT AS A RESULT OF CUSTOMER’S SOLE SELECTIONEXPLICITLY SET FORTH IN THIS AGREEMENT OR THE ATTACHED SERVICE LEVEL COMMITMENT, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. DILIGENT MAKES NO WARRANTIES OTHER REPRESENTATION, WARRANTY OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVERCONDITION, EXPRESSED EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN AND EXPRESSLY EXCLUDES ANY AND ALL WARRANTIESIMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, GUARANTEESMERCHANTABLE QUALITY, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIT ENJOYMENT, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE SERVICES. IN DILIGENT MAKES NO EVENTWARRANTY THAT THE SERVICES OR ANY INFORMATION OR DATA ACCESSED OR STORED THEREIN WILL MEET CUSTOMER’S REQUIREMENTS OR BE ACCURATE, UNDER NO CIRCUMSTANCESERROR-FREE, SHALL XXXXXXXX CAMERA BE RESPONSIBLE RELIABLE, OR LIABLE AVAILABLE. DILIGENT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND TO CUSTOMER OR ANYONE ELSE FOR WITH RESPECT TO ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT THIRD PARTY SOFTWARE FORMING PART OF THE USE OR INABILITY SERVICES. TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH EXTENT THAT A PARTICULAR JURISDICTION DOES NOT ALLOW FOR THE EXCLUSION OF ANY AGREEMENT DESCRIBED HEREINA WARRANTY, EVEN IN THAT WARRANTY WILL BE LIMITED TO THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED MINIMUM PERIOD OF TIME REQUIRED BY LAW STARTING AS OF THE POSSIBILITY EFFECTIVE DATE, AND THE INVALIDITY OF SUCH DAMAGESTHE DISCLAIMER WILL NOT AFFECT ANY OTHER DISCLAIMER OR LIMITATION CONTAINED IN THIS AGREEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE (a) EXCEPT AS A RESULT OF CUSTOMER’S SOLE SELECTIONEXPRESSLY STATED IN THIS AGREEMENT, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “SOFTWARE SERVICES, SUPPORT SERVICES OR ANY OTHER PRODUCTS OR SERVICES, ARE DELIVERED "AS IS”. NO WARRANTIES " WITHOUT WARRANTY OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA REPRESENTATION OF ANY TYPE KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, CONDITIONS REGARDING THE PERFORMANCE OF CAMERAS, SOFTWARE SERVICES, SUPPLIESSUPPORT SERVICES OR ANY OTHER PRODUCTS OR SERVICES AND IPS AND ITS LICENSORS HEREBY DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES AND CONDITIONS, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED EXPRESS OR IMPLIED, STATUTORY, BY OPERATION FROM A COURSE OF LAW, DEALING OR USAGE OF TRADE OR OTHERWISE, INCLUDING REGARDING THE SOFTWARE SERVICES, SUPPORT SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCESSIBILITY, PRIVACY OF FILES OR SECURITY. (b) IPS DOES NOT WARRANT THAT THE SOFTWARE SERVICES, SUPPORT SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL BE UNAFFECTED BY BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS, NOR DOES IPS WARRANT THAT CUSTOMER'S USE THEREOF WILL BE UNINTERRUPTED OR WILL MEET THE CUSTOMER'S REQUIREMENTS. (c) ALL RISK ASSOCIATED WITH USE OF THE SOFTWARE SERVICES, SUPPORT SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT IS ASSUMED BY CUSTOMER. IN WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CUSTOMER ACCEPTS ALL RISK ASSOCIATED WITH THE USE AND INPUT OF DATA (INCLUDING ALL AMOUNTS, INTEREST RATES AND FINANCIAL INSTITUTION INFORMATION) WITH THE SOFTWARE SERVICES, SUPPORT SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDER. (d) NO EVENTREPRESENTATION OR OTHER AFFIRMATION OF FACT, UNDER NO CIRCUMSTANCESOR ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IPS OR ITS REPRESENTATIVES, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING PERFORMANCE OF THE SOFTWARE SERVICES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE MODIFY, EXTEND OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT INCREASE THE SCOPE OF THE USE ABOVE REPRESENTATIONS, WARRANTIES OR INABILITY TO USE CONDITIONS OR CREATE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESNEW WARRANTY.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT 74.1 WITHOUT PREJUDICE TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT ANY OTHER PROVISIONS OF CUSTOMER’S SOLE SELECTIONTHIS AGREEMENT, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISEABOUT OUR ONLINE TRADING FACILITY, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT, UNDER NO CIRCUMSTANCES, OUR ONLINE TRADING FACILITY IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE". WE SHALL XXXXXXXX CAMERA NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESCOST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE ACCESS OR USE OF OUR ONLINE TRADING FACILITY AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, INCLUDING LOST PROFITSCOMPLETENESS AND USEFULNESS OF ALL INFORMATION, LOST SAVINGS OPINIONS, PRODUCTS, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH OUR ONLINE TRADING FACILITY OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. 74.2 WE DO NOT WARRANT THAT OUR ONLINE TRADING FACILITY WILL MEET YOUR NEEDS, OR THAT IT/THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF OUR ONLINE TRADING FACILITY WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER DIRECT MATERIAL PURCHASED OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESOBTAINED BY YOU THROUGH OUR ONLINE TRADING FACILITY WILL MEET YOUR EXPECTATIONS.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE EXCEPT AS A RESULT SPECIFICALLY SET FORTH HEREIN, NEITHER ZENGINE NOR ANY OF CUSTOMER’S SOLE SELECTION, DISCRETION ITS SUPPLIERS AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EXPRESS OR IMPLIED, REGARDING WITH RESPECT TO THE PERFORMANCE OF CAMERASZENGINE SOFTWARE, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAWTHE MCSC WEBSITE, OR OTHERWISETHE SERVICES TO BE PROVIDED OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER ZENGINE NOR ANY OF ITS SUPPLIERS AND LICENSORS, WARRANTS THAT THE ZENGINE SOFTWARE, THE MCSC WEBSITE, OR THE SERVICES TO BE PROVIDED OR THE OPERATION THEREOF ARE OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED OR MEETS OR WILL MEET MCSC's REQUIREMENTS. WITHOUT LIMITATION OF THE FOREGOING, ZENGINE, ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THE ACCURACY OF ANY SALES TAX DATA OR TAX CALCULATIONS THAT MAY BE PROVIDED OR PERFORMED BY THE ZENGINE SOFTWARE OR THE SERVICES. NEITHER ZENGINE NOR ANY OF ITS SUPPLIERS AND LICENSORS GIVE ANY IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, OF FITNESS FOR A ANY PARTICULAR PURPOSE. IN NO EVENTPURPOSE OR ARISING BY USAGE OF TRADE, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE COURSE OF DEALING OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT COURSE OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPERFORMANCE.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES 12.1. NOTHING IN THIS AGREEMENT, INCLUDING SECTIONS 11, 12 AND 13, SHALL EXCLUDE OR LIMIT ARA’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ALL EQUIPMENT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO BE RENTED FROM XXXXXXXX CAMERA YOU AND ARA’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 12.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” 12.3. IN PARTICULAR, ARA DOES NOT REPRESENT OR WARRANT TO YOU THAT: 12.3.1. YOUR USE OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS, 12.3.2. YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, 12.3.3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTIONYOUR USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, DISCRETION AND OPINION AS AND 12.3.4. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SOFTWARE PROVIDED TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”YOU WILL BE CORRECTED. 12.4. NO WARRANTIES ADVICE OR REPRESENTATIONS ARE MADE INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY XXXXXXXX CAMERA OF YOU FROM ARA OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING WARRANTY NOT EXPRESSLY STATED IN THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTEDLIMITED EXPRESS WARRANTY. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE12.5. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT WITH THE EXCEPTION OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR LIMITED EXPRESS WARRANTY, DURING THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREINWARRANTY PERIOD, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.ARA

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES YOU UNDERSTAND AND AGREE THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT YOUR USE OF CUSTOMER’S THE SERVICES IS AT YOUR SOLE SELECTION, DISCRETION RISK AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “THAT THE SERVICES ARE PROVIDED "AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN " AND "AS AVAILABLE." WE AND OUR AFFILIATES AND OUR LICENSORS EXPRESSLY EXCLUDES DISCLAIM ANY AND ALL WARRANTIESREPRESENTATIONS, GUARANTEESWARRANTIES OR CONDITIONS OF ANY KIND, EXPRESSED WHETHER EXPRESS OR IMPLIED, STATUTORY, BY OPERATION OF LAW, LEGAL OR OTHERWISE, INCLUDING ANY INCLUDING, WITHOUT LIMITATION, IMPLIED OR LEGAL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY MERCHANTABILITY, QUALITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A ANY PARTICULAR PURPOSE, OR ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR PERFORMANCE. NEITHER WE NOR OUR AFFILIATES ARE RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM FUNCTIONALITY OF THE SERVICES OR THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SERVICES OR RESULTS OBTAINED FROM THE SERVICES. IN NO EVENTPARTICULAR, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE WE DO NOT REPRESENT OR LIABLE WARRANT TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR INABILITY TO FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE ANY EQUIPMENT RENTED OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) DEFECTS IN THE ALLEGED BREACH OPERATION OR FUNCTIONALITY OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED SOFTWARE PROVIDED TO YOU AS PART OF THE POSSIBILITY OF SUCH DAMAGESSERVICES WILL BE CORRECTED.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT 13.1 ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA ORCA SERVICES PROVIDED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY USE OF THE ORCA SERVICES IS AT THE BUSINESS ACCOUNT'S SOLE DISCRETION AND RISK. 13.2 BY WAY OF EXAMPLE, AND NOT LIMITATION, THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SPECIFICALLY DO NOT REPRESENT AND WARRANT THAT: A. THE BUSINESS ACCOUNT'S USE OF THE ORCA SERVICES WILL BE UNITERRUPTED, TIMELY, FREE FROM ERROR AND OTHERWISE MEETING ITS REQUIREMENTS; B. ANY INFORMATION OBTAINED BY THE BUSINESS ACCOUNT AS A RESULT OF CUSTOMER’S SOLE SELECTIONUSING THE ORCA SERVICES WILL BE ACCURATE AND RELIABLE; AND C. ANY USE OF THE ORCA WEBSITES, DISCRETION INCLUDING BUT NOT LIMITED TO THE CONTENT OR MATERIAL DOWNLOADED FROM SAID WEBSITES, WILL BE FREE OF DEFECTS, VIRUSES, MALWARE, HACKS OR POTENTIALLY HARMFUL INTRUSIONS. 13.3 TO THE EXTENT PERMITTED BY LAW, THE LEAD AGENCY AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. EACH OF THE OTHER AGENCIES DISCLAIMS ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ; ANY WARRANTIES OF QUIET ENJOYMENT OR NON-INFRINGEMENT; AND ANY WARRANTIES CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. 13.4 NO EVENTADVICE OR INFORMATION, UNDER NO CIRCUMSTANCESWHETHER ORAL OR WRITTEN, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OBTAINED FROM THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED AGENCIES OR THE ALLEGED BREACH OF ORCA SYSTEM SHALL REVISE OR CREATE ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESWARRANTY.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT 13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT SERVICEWORKS NOW’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO BE RENTED FROM XXXXXXXX CAMERA YOU, AND SERVICEWORKS NOW’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE.’ 13.3 IN PARTICULAR, SERVICEWORKS NOW, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTIONYOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND OPINION AS RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES YOUR COMPUTER SYSTEM OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY TYPE SUCH MATERIAL. 13.5 NO ADVICE OR NATURE WHATSOEVERINFORMATION, EXPRESSED WHETHER ORAL OR IMPLIEDWRITTEN, REGARDING OBTAINED BY YOU FROM SERVICEWORKS NOW OR THROUGH OR FROM THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN STATED IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESTERMS.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES 10.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT HEROPAYMENT’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. 10.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT YOUR USE OF CUSTOMER’S THE SERVICES IS AT YOUR SOLE SELECTION, DISCRETION RISK AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “THAT THE SERVICES ARE PROVIDED "AS IS”. NO " AND "AS AVAILABLE" WITHOUT WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEROPAYMENTS MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT CORRECTNESS, ACCURACY AND RELIABILITY. 10.3. IN NO EVENTWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCESHEROPAYMENTS DOES NOT REPRESENT OR WARRANT TO YOU THAT: ● YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; ● YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SHALL XXXXXXXX CAMERA TIMELY, SECURE OR FREE FROM ERROR; ● USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE RESPONSIBLE ACCURATE; ● THE SERVICES OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.4. HEROPAYMENTS IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HEROPAYMENTS LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON OR ACCESSED VIA THE SERVICES, INCLUDING OPERATORS OF THIRD PARTY SERVICES AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. 10.5. HEROPAYMENTS WILL NOT BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESDELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE ITS REASONABLE CONTROL, INCLUDING LOST PROFITSINCLUDING, LOST SAVINGS BUT NOT LIMITED TO, ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOS, ACTS OF CIVIL OR OTHER DIRECT MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, STRIKES OR INDIRECT INCIDENTAL SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESMATERIALS.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE (a) EXCEPT AS A RESULT OF CUSTOMER’S SOLE SELECTIONEXPRESSLY PROVIDED IN SECTION 11, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “THE SERVICES ARE PROVIDED "AS IS”. NO WARRANTIES " WITHOUT WARRANTY OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA REPRESENTATION OF ANY TYPE OR NATURE WHATSOEVERKIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESSED DPT AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING WHETHER ARISING UNDER STATUTE, FROM A COURSE OF DEALING, USAGE, CUSTOM OF THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, TRADE OR OTHERWISE, INCLUDING REGARDING THE SERVICES, THE DOCUMENTATION, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCESSIBILITY, PRIVACY OF FILES OR SECURITY. (b) DPT DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL BE UNAFFECTED BY BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS, NOR DOES DPT WARRANT THAT CUSTOMER'S USE THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET ALL OF THE CUSTOMER'S REQUIREMENTS. IN NO EVENTADDITION, UNDER NO CIRCUMSTANCESTHE WIRELESS DATA SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS, SHALL XXXXXXXX CAMERA BE RESPONSIBLE HACKERS, DENIAL OF SERVICE ATTACKS OR LIABLE INTERCEPTORS AND NEITHER DPT NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER CAN GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS. (c) THIS LIMITED WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS. THE CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM LOCATION TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESLOCATION, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF DEPENDING UPON THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY APPLICABLE LAW OF SUCH DAMAGESLOCATION.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT TRUSTONE IS ACCEPTED BY CUSTOMER “PROVIDING THE SERVICE "AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA " WITHOUT ANY WARRANTY OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EXPRESS OR IMPLIED, REGARDING INCLUDING, WITHOUT LIMITATION, THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE. TRUSTONE DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT, UNDER NO CIRCUMSTANCES, EVENT SHALL XXXXXXXX CAMERA TRUSTONE OR ITS LICENSORS OR SUPPLIERS BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESDAMAGES WHATSOEVER (INCLUDING, INCLUDING LOST PROFITSWITHOUT LIMITATION, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES DAMAGES) ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREINTHIRD PARTY, EVEN IN THE EVENT THAT XXXXXXXX CAMERA IF TRUSTONE OR XXXXXXXX CAMERA’S AGENTS ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY LIABILITY IS IMPOSED ON TRUSTONE, OUR LICENSORS OR SUPPLIERS, TRUSTONE AND OUR LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING SHALL CONSTITUTE TRUSTONE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE (a) EXCEPT AS A RESULT OF CUSTOMER’S SOLE SELECTIONEXPRESSLY PROVIDED IN SECTION 11, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “THE SERVICES ARE PROVIDED "AS IS”. NO WARRANTIES " WITHOUT WARRANTY OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA REPRESENTATION OF ANY TYPE OR NATURE WHATSOEVERKIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESSED T2 AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING WHETHER ARISING UNDER STATUTE, FROM A COURSE OF DEALING, USAGE, CUSTOM OF THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, TRADE OR OTHERWISE, INCLUDING REGARDING THE SERVICES, THE DOCUMENTATION, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCESSIBILITY, PRIVACY OF FILES OR SECURITY. (b) T2 DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL BE UNAFFECTED BY BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS, NOR DOES T2 WARRANT THAT CUSTOMER'S USE THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET ALL OF THE CUSTOMER'S REQUIREMENTS. IN NO EVENTADDITION, UNDER NO CIRCUMSTANCESTHE WIRELESS DATA SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS, SHALL XXXXXXXX CAMERA BE RESPONSIBLE HACKERS, DENIAL OF SERVICE ATTACKS OR LIABLE INTERCEPTORS AND NEITHER T2 NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER CAN GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS. (c) THIS LIMITED WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS. THE CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM LOCATION TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESLOCATION, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF DEPENDING UPON THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY APPLICABLE LAW OF SUCH DAMAGESLOCATION.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT 9.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO BE RENTED FROM XXXXXXXX CAMERA YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, WE AND OUR AFFILIATES, AND OUR LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) THE SERVICES OR ANY INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTIONYOUR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE OR COMPLETE, AND (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 9.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND OPINION AS RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES YOUR COMPUTER SYSTEM OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY TYPE SUCH MATERIAL. 9.4 NO ADVICE OR NATURE WHATSOEVERINFORMATION, EXPRESSED WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, ANY OF OUR AFFILIATES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 9.5 WE AND EACH OF OUR AFFILIATES FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPURPOSE AND NON-­­INFRINGEMENT.

Exclusion of Warranties. CUSTOMER HEREIN LESSEE ACKNOWLEDGES AND AGREES THAT, AS BETWEEN LESSOR AND LESSEE (I) EACH CAR IS OF A SIZE, DESIGN, CAPACITY AND MANUFACTURE SELECTED BY AND ACCEPTABLE TO LESSEE, (II) LESSEE IS SATISFIED THAT EACH CAR IS SUITABLE FOR ITS PURPOSES, (III) LESSOR IS NOT A MANUFACTURER IN PROPERTY OF SUCH KIND, (IV) EACH CAR IS LEASED HEREUNDER SUBJECT TO ALL APPLICABLE LAWS AND GOVERNMENTAL REGULATIONS NOW IN EFFECT OR HEREAFTER ADOPTED, AND (V) LESSOR LEASES TO LESSEE AND LESSEE TAKES EACH CAR “AS-IS”, “WHERE-IS” AND “WITH ALL FAULTS”, AND LESSEE ACKNOWLEDGES THAT LESSOR HAS NOT MADE, AND LESSOR HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED EITHER EXPRESS OR IMPLIED, REGARDING AS TO THE PERFORMANCE VALUE, CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, DESIGN, OPERATION, MERCHANTABILITY THEREOF OR AS TO THE TITLE, OF CAMERASTHE CARS, SERVICES, SUPPLIES, FILM THE QUALITY OF THE MATERIAL OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED WORKMANSHIP THEREOF OR IMPLIED, STATUTORY, BY OPERATION OF LAWCONFORMITY THEREOF TO SPECIFICATIONS, OR OTHERWISEANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, INCLUDING NOR DOES LESSOR HAVE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE LIABILITY FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS CONSEQUENTIAL OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE THIS AGREEMENT OR INABILITY TO USE IN CONNECTION WITH ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREINCAR, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESit being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee, provided that the foregoing shall not affect the obligations for maintenance and repair to which Lessor expressly agrees in this Agreement or any Rider.

Exclusion of Warranties. THE WEB PORTAL IS PROVIDED "AS IS" AND “AS AVAILABLE.” CUSTOMER HEREIN ACKNOWLEDGES EXPRESSLY UNDERSTANDS AND AGREES THAT ALL EQUIPMENT HIS/HER USE OF THE WEB PORTAL IS AT HIS/HER SOLE RISK. CPS ENERGY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO BE RENTED FROM XXXXXXXX CAMERA CUSTOMER THAT: (a) CUSTOMER’S USE OF THE WEB PORTAL WILL MEET CUSTOMER’S REQUIREMENTS; (b) CUSTOMER’S USE OF THE WEB PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (c) ANY INFORMATION OBTAINED AS A RESULT OF CUSTOMER’S SOLE SELECTIONUSE OF THE WEB PORTAL WILL BE ACCURATE OR RELIABLE; (d) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO CUSTOMER AS PART OF THE WEB PORTAL WILL BE CORRECTED; (e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM CPS ENERGY OR THROUGH THE WEB PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS; AND (f) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB PORTAL IS AT CUSTOMER’S OWN DISCRETION AND OPINION AS RISK. CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES CUSTOMER’S COMPUTER SYSTEM OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY TYPE OR NATURE WHATSOEVERSUCH MATERIAL. CPS ENERGY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESSED WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NT LIMITED TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPURPOSE AND NON- INFRINGEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT Xxxxxxxxxx shall have no obligation hereunder for support, main- tenance, repair or replacement necessitated in whole or in part by catastrophe, willful miscon- duct, fault or negligence of the Customer, impro- per or unauthorized use of the Products including, without limitation, use prior to completion of ins- tallation as verified by Xxxxxxxxxx, installation, modification or repair of the Products other than by Xxxxxxxxxx or its authorized technical repre- sentatives, unusual stress, power failure, deviation from recommended maintenance procedures, failure to maintain the prescribed conditions at the installation site or other failure to comply with applicable Documentation, or any cause beyond Xxxxxxxxxx’x reasonable control, including without limitation fires, floods, strikes or other labor dispu- tes, war, criminal disturbances, pandemics, power failure, acts of God or restrictions imposed by any governmental authority or agency. TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONTHE FULLEST EXTENT PERMITTED BY AP- PLICABLE LAW, DISCRETION THE WARRANTIES SET FORTH IN SECTION 9.1 ARE EXCLUSIVE AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF IN LIEU OF, AND XXXXXXXXXX DOES NOT MAKE, ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEESEXPRESS, EXPRESSED IMPLIED OR IMPLIEDSTATUTORY (INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR AGAINST INFRINGEMENT). XXXXXXXXXX DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION. THE REMEDY PRO- VIDED IN NO EVENT, UNDER NO CIRCUMSTANCES, SECTION 9.1 SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGESFAI- LURE OF XXXXXXXXXX TO CONFORM WITH SUCH WARRANTY, INCLUDING LOST PROFITSAND CUSTOMER SHALL HAVE NO CLAIM, LOST SAVINGS EXCEPT AS AFORESAID, AGAINST XXXXXXXXXX, ITS AFFILIATES OR OTHER DIRECT THE MANUFACTURER, SUPPLIER OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT LICEN- SOR OF THE USE PRODUCTS, SOFTWARE OR INABILITY TO USE ANY EQUIPMENT RENTED RE- LATED SERVICES, WHETHER BASED IN CON- TRACT, NEGLIGENCE, PRODUCTS LIABILITY, TRADE PRACTICES, OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREINOTHERWISE. REPAIR OR REPLACEMENT (OR REFUND, EVEN AS ELECTED BY XXXXXXXXXX) IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED MANNER PROVIDED ABOVE SHALL CONSTITUTE FULFILMENT OF ALL LIABILITIES OF XXXXXXXXXX WITH RE- SPECT TO THE QUALITY AND PERFORMANCE OF THE POSSIBILITY PRODUCTS, SOFTWARE OR RELATED SERVICES. CUSTOMER IS SOLELY RESPON- SIBLE FOR SELECTION OF SUCH DAMAGESTHE PRODUCT(S) AND SERVICES TO ACHIEVE CUSTOMER’S INTENDED RESULTS OR FOR CUSTOMER’S PARTICULAR APPLICATIONS.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES a. YOU AGREE THAT YOUR USE OF THE SERVICES AND ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT INFORMATION AND CONTENT THEREOF (INCLUDING THAT OF CUSTOMER’S SOLE SELECTION, DISCRETION THIRD PARTIES) IS AT YOUR RISK AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER PROVIDED ON AN “AS IS”” AND “AS AVAILABLE” BASIS. NO WE DISCLAIM ALL WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVERKIND AS TO THE USE OF ANY SERVICES, EXPRESSED WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT ANY INFORMATON THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. b. WE MAKE NO EVENTWARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA OUR FACILITIES OR THE SERVICE (WHETHER SUCH COMMUNICATIONS ARE DIRECTED WITHIN THE SERVICE, UNDER NO CIRCUMSTANCESOR OUTSIDE THE SERVICE TO THE INTERNET), SHALL XXXXXXXX CAMERA OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR ONLINE COMMUNICATIONS. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF SUCH UNAUTHORIZED ACCESS. YOU HAVE THE USE OR INABILITY SOLE RESPONSIBILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSECURE YOUR DEVICES.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THE BUYER UNDERSTANDS THAT THE MANUFACTURER, NOT THE SELLER, WILL PROVIDE A WARRANTY ON THE HOME. SELLER WILL GIVE BUYER A COPY OF THE MANUFACTURER’S WARRANTY. BUYER FURTHER UNDERSTANDS THAT BUYER WILL OBTAIN WARRANTY SERVICE ON THE HOME FROM THE MANUFACTURER. THE SELLER HEREBY DISCLAIMS AND EXCLUDES ALL EQUIPMENT IMPLIED OR EXPRESS WARRANTIES RELATING TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION THE HOME AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISECONSTRUCTION, INCLUDING ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF HABITABILITY AND WORKMANLIKE CONSTRUCTION, TO THE HOME OR TO THE CONSTRUCTION. IN NO EVENTBUYER UNDERSTANDS THAT THERE MAY BE ADDITIONAL WRITTEN WARRANTIES COVERING THE HOME, UNDER NO CIRCUMSTANCESOR ANY APPLIANCE OF COMPONENT THEREOF, WHICH MAY HAVE BEEN PROVIDED BY THIRD PARTIES. SELLER SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH DELIVER BUYER COPIES OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN AND ALL WRITTEN WARRANTIES SUPPLIED BY SAID THIRD PARTIES BUT DELIVERY SHALL NOT CONSTITUTE AN ADOPTION OF ANY SUCH WARRANTIES BY THE EVENT SELLER. BUYER ACKNOWLEDGES THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS ANY SUCH WARRANTIES HAVE NOT BEEN ADVISED MADE BY THE SELLER AND THAT THE SELLER IS NOT AN AGENT OF THE POSSIBILITY OF ANY SUCH DAMAGESTHIRD PARTY.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES NOTHING IN THESE TERMS OF USE, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT THE COMPANY'S WARRANTY OR LIABILITY FOR LOSSES THAT ALL EQUIPMENT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS OF USE, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO BE RENTED FROM XXXXXXXX CAMERA YOU AND NCIT'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, NCIT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (1) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (3) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF CUSTOMER’S SOLE SELECTIONYOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (4) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND OPINION AS RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES YOUR COMPUTER SYSTEM OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY TYPE SUCH XXXXXXXX.XX ADVICE OR NATURE WHATSOEVERINFORMATION, EXPRESSED WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING INCLUDING, BUT NOT LIMITED TO THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPURPOSE AND NON-INFRINGEMENT.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT REVERI PROVIDES ITS USERS WITH A SELECTION OF SERVICES, TOOLS AND RESOURCES. THE SITE AND THE SERVICES, AND ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE AS A RESULT OF CUSTOMER’S SOLE SELECTIONTHE CONTENT, DISCRETION INFORMATION, ADVICE, FEEDBACK AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED MATERIALS POSTED ON OR PROVIDED BY CUSTOMER OR THROUGH THE SITE OR SERVICES ARE PROVIDED ON AN “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA ” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY TYPE OR NATURE WHATSOEVERKIND, EXPRESSED EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SITE AND/OR THE SERVICES, YOU AGREE TO USE YOUR OWN JUDGMENT, CAUTION AND COMMON SENSE IN MANAGING ALL CONTENT, INFORMATION, AND MATERIALS OFFERED AND YOU AGREE THAT ANY USE YOU MAKE OF SUCH CONTENT, INFORMATION, OR MATERIALS IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT REVERI DOES NOT EVALUATE OR GUARANTEE AND SHALL NOT BE RESPONSIBLE FOR THE INFORMATION PROVIDED THROUGH THE SITE OR THE SERVICES. REVERI IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM YOUR RELIANCE ON ANY OF THE FOREGOING CONTENT, INFORMATION, OR MATERIALS. REVERI IS NOT RESPONSIBLE FOR AND MAKES NO EVENTWARRANTIES, EXPRESS OR IMPLIED, AS TO ANY USER OR THIRD-PARTY CONTENT POSTED ON, THROUGH OR IN CONNECTION WITH THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT THAT IS UNAUTHORIZED OR VIOLATES THE TOU OR ANY ADDITIONAL TERMS, AND SUCH CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF REVERI. UNDER NO CIRCUMSTANCES, CIRCUMSTANCES SHALL XXXXXXXX CAMERA REVERI BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESLOSS OR DAMAGE, INCLUDING LOST PROFITSINCLUDING, LOST SAVINGS WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR THE SERVICES, FROM ANY CONTENT POSTED ON THE SITE OR THROUGH THE SERVICES (WHETHER SUCH CONTENT VIOLATES THE TOU OR ADDITIONAL TERMS OR NOT), FROM ANY SERVICES OFFERED THROUGH THE SITE OR FROM THE CONDUCT OF ANY USER OF THE SITE OR THE SERVICES OR ANY USER OF ANY LINKED SITE (REGARDLESS OF WHETHER SUCH CONDUCT VIOLATES THE TOU OR ADDITIONAL TERMS, OR WHETHER SUCH CONDUCT IS ONLINE OR OFFLINE). REVERI ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY OF YOUR COMMUNICATIONS ON OR THROUGH THE SITE. REVERI IS NOT RESPONSIBLE FOR ANY MALFUNCTION OR OTHER DIRECT PROBLEM WITH ANY TELEPHONE NETWORK, TELEPHONE LINES, COMPUTER ONLINE SYSTEMS, SERVERS, INTERNET SERVICE PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR INDIRECT INCIDENTAL FAILURE OF ANY EMAIL OR CONSEQUENTIAL DAMAGES ARISING OUT MEDIA PLAYERS, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE. REVERI DOES NOT GUARANTEE ANY RESULTS (SPECIFIC OR OTHERWISE) FROM YOUR USE OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED SITE OR THE ALLEGED BREACH SERVICES AND REVERI MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, THE SERVICES OR THE INFORMATION OR SERVICES PROVIDED THEREBY WILL MEET YOUR REQUIREMENTS. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES. REVERI DISCLAIMS ANY AND ALL LIABILITY OF ANY AGREEMENT DESCRIBED HEREINKIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, EVEN IN THE EVENT YOU AGREE THAT XXXXXXXX CAMERA REVERI SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED USE OF THE POSSIBILITY ANY OF SUCH DAMAGESYOUR PERSONALLY IDENTIFIABLE INFORMATION.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES 12.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE BWWW SERVICE IS AT YOUR SOLE RISK AND THAT THE BWWW SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WE ALSO DO NOT WARRANTY ANY UNINTERRUPTED ACCESS TO THE WEBSITE, SERVICES OR CONTENT AS WELL AS THE QUALITY OF THE ABOVE LISTED. 12.2 BWWW, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL EQUIPMENT EXPRESS OR IMPLIED WARRANTIES REGARDING THE BWWW SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BWWW, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO BE RENTED FROM XXXXXXXX CAMERA YOU THAT: (A) YOUR USE OF THE BWWW SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE BWWW SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AND (C) USAGE DATA PROVIDED THROUGH THE BWWW SERVICES WILL BE ACCURATE. 12.3 BWWW MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE. 12.4 IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERROES RELATING TO THE GENERATION OF ANALYTICS, WE WILL NOT BE LIABLE TO YOU AS A RESULT OF CUSTOMER’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL XXXXXXXX CAMERA BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESERRORS.

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT APPLICABLE TO BE RENTED FROM XXXXXXXX CAMERA WILL BE THE PRODUCTS AND/OR SERVICES OR AS A RESULT OF CUSTOMER’S SOLE SELECTIONOTHERWISE EXPRESSLY CONFIRMED IN WRITING BY T2, DISCRETION THE PRODUCTS AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “SERVICES ARE PROVIDED "AS IS”. NO WARRANTIES " WITHOUT WARRANTY OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA REPRESENTATION OF ANY TYPE OR NATURE WHATSOEVERKIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESSED T2 AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING WHETHER ARISING UNDER STATUTE, FROM A COURSE OF DEALING, USAGE, CUSTOM OF THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, TRADE OR OTHERWISE, INCLUDING REGARDING THE PRODUCTS OR SERVICES, THE DOCUMENTATION, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCESSIBILITY, PRIVACY OF FILES OR SECURITY. 5.1 T2 DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL BE UNAFFECTED BY BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS, NOR DOES T2 WARRANT THAT CUSTOMER'S USE THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET ALL OF THE CUSTOMER'S REQUIREMENTS. FURTHER, T2 DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE ON ANY PARTICULAR CONFIGURATION OF SOFTWARE, OPERATING SYSTEM OR COMPUTER SYSTEM. ANY HARDWARE PURCHASED FROM SOURCES OUTSIDE OF T2 WILL BE THE SOLE RESPONSIBILITY OF THE CUSTOMER. T2 WILL NOT BE RESPONSIBLE FOR THE FAILURE OF THE SOFTWARE TO PERFORM TO THE EXTENT THAT SUCH FAILURE TO PERFORM IS DUE TO THE FAILURE OF A THIRD PARTY FUNCTION, SUCH AS INTERNET AVAILABILITY REQUIRED FOR THE CONNECTION BETWEEN THE HARDWARE AND SOFTWARE OR THE WIRELESS NETWORK AVAILABILITY REQUIRED FOR THE T2 SYSTEMS SOFTWARE TO BE ABLE TO SEND AND RECEIVE DATA. IN NO EVENT, UNDER NO CIRCUMSTANCES, EVENT SHALL XXXXXXXX CAMERA T2 BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT THE FAILURE OF THE USE OR INABILITY SOFTWARE TO USE ANY EQUIPMENT RENTED OR PERFORM IF SUCH FAILURE ARISES DUE TO THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED COMBINATION OF THE POSSIBILITY SOFTWARE WITH THIRD PARTY HARDWARE OR SOFTWARE. T2 SHALL NOT COVER REPAIR, LABOR OR REPLACEMENT OF SUCH DAMAGES.PARTS THAT ARE BY NATURE EXPENDABLE. IN ADDITION, IF APPLICABLE, THE WIRELESS DATA SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, DENIAL OF SERVICE ATTACKS OR INTERCEPTORS AND NEITHER T2 NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER CAN GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS. 5.2 THIS LIMITED LEGAL WARRANTY GIVES THE CUSTOMER SPECIFIC RIGHTS. THE CUSTOMER MAY HAVE OTHER RIGHTS,

Exclusion of Warranties. CUSTOMER HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM XXXXXXXX CAMERA WILL BE (a) EXCEPT AS A RESULT OF CUSTOMER’S SOLE SELECTIONEXPRESSLY PROVIDED IN SECTION 11, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CUSTOMER “THE SERVICES ARE PROVIDED "AS IS”. NO WARRANTIES " WITHOUT WARRANTY OR REPRESENTATIONS ARE MADE BY XXXXXXXX CAMERA REPRESENTATION OF ANY TYPE OR NATURE WHATSOEVERKIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESSED DPT AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING WHETHER ARISING UNDER STATUTE, FROM A COURSE OF DEALING, USAGE, CUSTOM OF THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. XXXXXXXX CAMERA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, TRADE OR OTHERWISE, INCLUDING REGARDING THE SERVICES, THE DOCUMENTATION, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-­‐INFRINGEMENT, ACCESSIBILITY, PRIVACY OF FILES OR SECURITY. (b) DPT DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL BE UNAFFECTED BY BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS, NOR DOES DPT WARRANT THAT CUSTOMER'S USE THEREOF WILL BE UNINTERRUPTED, ERROR-­‐FREE OR WILL MEET ALL OF THE CUSTOMER'S REQUIREMENTS. IN NO EVENTADDITION, UNDER NO CIRCUMSTANCESTHE WIRELESS DATA SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS, SHALL XXXXXXXX CAMERA BE RESPONSIBLE HACKERS, DENIAL OF SERVICE ATTACKS OR LIABLE INTERCEPTORS AND NEITHER DPT NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER CAN GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS. (c) THIS LIMITED WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS. THE CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM LOCATION TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGESLOCATION, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF DEPENDING UPON THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT XXXXXXXX CAMERA OR XXXXXXXX CAMERA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY APPLICABLE LAW OF SUCH DAMAGESLOCATION.