Common use of Exclusion of Warranties Clause in Contracts

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap and its content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Products and the Website, Nearmap makes no representations or warranties as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Products exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products and services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap Nearmap, Third Party Providers and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representation, warranty, condition and guarantee, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, the Products and the Website, Nearmap makes and its Third Party Providers make no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content Content contained on the WebsiteWebsite and/or obtained through an API. The Products and Products, the Website are and APIs may be subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products Products, the Website or the WebsiteAPIs. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or APIs, the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) ), extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website Website, the Content or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content, the Website or APIs exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service providerprovider except to the extent it was caused or contributed to by the acts, defaults or omissions of Nearmap. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject Nothing in this Agreement excludes or varies any rights or remedies under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australia Consumer Law) which cannot be excluded, restricted or modified. However, subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representations, warranty, conditions and guarantees, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. To the fullest extent possible and subject to Nearmap’s liabilities and obligations under the Australian Consumer Law, the remaining provisions of this clause 9 shall apply. No Representations While Subject to clause 9.2, while Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, the Products and the Website, Nearmap makes no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Subject to clause 9.2, Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To Subject to clause 9.2, to the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website Website, the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) tort, extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In Subject to clause 9.2, in no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content or the Website exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees solicitors and own client costs) arising from or out of: of the Licensee’s actual or alleged breach of any provisions of this Agreement; , except to the Licenseeextent caused or contributed to by Nearmap’s use negligence or breach of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Worksthis Agreement. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap Nearmap, Third Party Providers and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any warrantyrepresentations, warranties, conditions and guarantees,, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise, except for guarantees or warranties which cannot be excluded by law including any applicable guarantees under the Consumer Guarantees Act 1993 (“CG Act”) or the Contract and Commercial Law Act 2017. The Licensee acknowledges and agrees that the Products are provided in trade and that the CG Act does not apply to their supply. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, the Products and the Website, Nearmap makes and its Third Party Providers make no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content Content contained on the WebsiteWebsite and/or obtained through an API. The Products and Products, the Website are and APIs may be subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products Products, the Website or APIs. The purpose of this clause 9.3 is to expressly contract out of the WebsiteFair Trading Act 1986 to the maximum extent possible and the parties agree that it is fair and reasonable to do so. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or APIs, the Contents or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content, the Website or APIs, exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service providerprovider except to the extent it was caused or contributed to by the acts, defaults or omissions of Nearmap. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees solicitors and own client costs) arising from or out of: of the Licensee’s actual or alleged breach of any provisions of this Agreement; , except to the Licenseeextent caused or contributed to by Nearmap’s use negligence or breach of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Worksthis Agreement. Subject to clause 9, if If any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyrightcopyright (“Infringement Claim”), Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Infringement Claim; not make any admissions in relation to the Infringement Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Infringement Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representation, warranty, condition and guarantee, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, the Products and the Website, Nearmap makes no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) ), extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website Website, the Content or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content or the Website exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Nothing in this Agreement excludes or varies any rights or remedies under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australia Consumer Law) which cannot be excluded, restricted or modified. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap Nearmap, Third Party Providers and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representations, warranty, conditions and guarantees, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. To the fullest extent possible and subject to Nearmap’s liabilities and obligations under the Australian Consumer Law, the remaining provisions of this clause 9 shall apply. No Representations While Subject to clause 9.2, while Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, the Products and the Website, Nearmap makes and its Third Party Providers make no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content Content contained on the WebsiteWebsite and/or obtained through an API. The Products and Products, the Website are and APIs may be subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products Products, the Website or the WebsiteAPIs. Limit of Liability Subject to clause 9.2, Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To Subject to clause 9.2, to the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the APIs, the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) tort, extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In Subject to clause 9.2, in no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content, the Website or APIs exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service providerprovider except to the extent it was caused or contributed to by the acts, defaults or omissions of Nearmap. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officerofficers, employees, agents and subcontractors, from and against any and all direct or indirect third party claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees solicitors and own client costs) arising from or out of: of the Licensee’s actual or alleged breach of any provisions of this Agreement; , except to the Licensee’s use extent caused or contributed to by acts, defaults or omissions of the Product for any purpose; Nearmap, its directors, officers, employees, agents and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Workssubcontractors. Subject to clause 9, if If any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Subject to clause 9.112.1 Customer acknowledges that Ratings, the Website Assessments and the Products are provided "as is"Screenings are, and Nearmap will be construed solely as, a statement of opinion on the carbon impact of a Project at a certain point in time, and its content providersnot statements of current or historical fact, agents and affiliates excludeinvestment or financial advice, endorsements or criticisms of any Project, nor recommendations to the fullest extent permitted by applicable law, any warranty, express take or implied, including, without limitation, any implied warranties of merchantability or fitness for not take a particular purposeaction by the Sylvera Parties. Ratings are expressed in relative rank order, any warranties as which is to the currency or regularity say they are ordinal measures of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, expected carbon impact and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Products and the Website, Nearmap makes no representations or warranties as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Nearmap’s liability for: a breach predictive of a warranty under clause 9.1; specific outcome. Ratings, Assessments and Screenings do not address any other risk or a breach of a warranty which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the Products, or the unavailability of the sameassessment, including but not limited to loss of use, loss of profits market value risk or loss of dataprice volatility, and directdo not take account of any objectives or requirements of the Customer. Ratings, indirectAssessments and Screenings are the collective work product of Sylvera, incidentaland no individual, punitive or group of individuals, is solely responsible for any Rating, Screening or Assessment. Ratings, Assessments and consequential damages Screenings are not facts and, therefore, cannot be described as being "accurate" or "inaccurate." 12.2 Sylvera adopts all reasonable measures to ensure the information that it relies upon or makes available is of sufficient quality and whether from sources that Sylvera considers to be reliable and/or independent. Notwithstanding, Sylvera cannot independently verify or validate all of the information used or made available. As a result of the possibility of human, technical and/or other error, all Sylvera Data is provided on an “as is” basis without (except as expressly and specifically provided in contractthis Agreement) representation or warranty of any kind, tort (including but not limited to negligence) express or otherwiseimplied by the Sylvera Parties. Customer agrees that no oral or written information or advice given by Xxxxxxx Parties in respect of the Sylvera Data shall constitute a representation or a warranty. The Licensee Sylvera Parties make no guarantee of accuracy, completeness, timeliness, or availability. THE SYLVERA PARTIES EXPRESSLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, FREEDOM FROM BUGS, SOFTWARE ERRORS OR DEFECTS, THAT THE SOFTWARE’S FUNCTIONING WILL BE UNINTERRUPTED OR THAT THE SOFTWARE WILL OPERATE WITH ANY SOFTWARE OR HARDWARE CONFIGURATION. 12.3 The Sylvera Data may include inaccuracies or typographical errors, and there may be times when it is unavailable. Sylvera has no obligation to keep the Sylvera Data updated, but Sylvera may make modifications and/or changes to it at any time, for any reason, and the Customer assumes the sole risk of making use of and/or relying on the Sylvera Data. 12.4 The Customer acknowledges that it will, with due care, make its own study and evaluation of a Project before taking any decisions or actions, that nothing provided by the Sylvera Parties should be a substitute for the exercise of independent judgement, skill and expertise by the Customer, and that it takes any investment decisions solely at its own risk. Equally, the Customer is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to conclusions that it draws from any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Products exceed any compensation or Fee the Licensee has paidSylvera Data, if any, to Nearmap for access to or use of the Products over the 12 month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee and acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products and services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed tothat, by a third party service providerproviding the Sylvera Data, Sylvera is not expressing any judgement or opinion, nor providing any advice. Indemnity The Licensee agrees Lastly, Xxxxxxx has not consented to indemnify Nearmap and its directors, officer, employees, agents and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, being named an “expert” or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product similar designation under applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Productssecurities laws.

Exclusion of Warranties. 10.1 Subject to clause 9.1this agreement and any express provisions contained herein all guarantees, the Website and the Products conditions, warranties, terms, undertakings, or representations whether express or implied (by statute or otherwise) are provided "as is", and Nearmap and its content providers, agents and affiliates exclude, excluded to the fullest maximum extent permitted by applicable lawlaw.‌ 10.2 Nothing in this agreement excludes restricts or modifies any right or remedy or any guarantee term condition warranty undertaking inducement or representation implied by any legislation which cannot be excluded or limited. 10.3 Where any legislation implies or imposes a guarantee, any term, condition, warranty, express undertaking, inducement or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties representation which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Products and the Website, Nearmap makes no representations or warranties as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be (‘Non-Excludable Provision’), and Sitex may limit the Hirer’s remedy for a breach of the Non-Excludable Provision, then Sitex’s liability for breach of the Non-Excludable Provision is limited toto (at Sitex’s election): (a) in the case of goods, at Nearmap’s option replacing the repair or repairing replacement of the Products goods or supplying Products equivalent to the relevant Products, supply of substitute goods (or paying the cost of replacing or repairing doing so); or (b) in the Products. No Liability for Claims To case of services, the extent permitted by law, in no event will Nearmap, its content providers, agents or affiliates be liable for any Claims of any kind arising from or connected with the use supplying of the Website or the Productsservices again, or the unavailability payment of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Products exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on having the services of Third Party Providers in order to supply the products and services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap supplied again.‌ 10.4 Sitex will not be liable for any lossconsequential, indirect or special loss or damage, loss of actual or anticipated profits or revenue, loss of business, business interruption, wasted costs the Hirer have incurred, amounts that the Hirer is liable to its customers for or any loss suffered by third parties. 10.5 Each indemnity in this agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion and expiration of this agreement. 10.6 Sitex will not be liable to the Hirer for any acts or omissions of any person supplied by Sitex where that person is acting under the Hirer’s direction and control during the Term and will be indemnified against all liability, claims, damage, or cost of any kindloss, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap costs and its directors, officer, employees, agents and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit legal fees, costs and disbursements on a full indemnity basis, any environmental loss, cost, damage or debit card details provided by the Licensee for the purpose of paying Nearmapexpense) may be disclosed to and held by one arising from or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties incurred in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Productssuch acts or omissions.

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any warrantyrepresentations, warranties, conditions and guarantees,, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise, except for guarantees or warranties which cannot be excluded by law including any applicable guarantees under the Consumer Guarantees Act 1993 (CG Act) or the Contract and Commercial Law Act 2017. The Licensee acknowledges and agrees that the Products are provided in trade and that the CG Act does not apply to their supply. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, the Products and the Website, Nearmap makes no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. The purpose of this clause 9.3 is to expressly contract out of the Fair Trading Act 1986 to the maximum extent possible and the parties agree that it is fair and reasonable to do so. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website Website, the Contents or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content or the Website, exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees solicitors and own client costs) arising from or out of: of the Licensee’s actual or alleged breach of any provisions of this Agreement; , except to the Licenseeextent caused or contributed to by Nearmap’s use negligence or breach of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Worksthis Agreement. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyrightcopyright (Infringement Claim), Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Infringement Claim; not make any admissions in relation to the Infringement Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Infringement Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. 8.1 Subject to clause 9.1this agreement and any express provisions contained herein all guarantees, the Website and the Products are provided "as is"conditions, and Nearmap and its content providerswarranties, agents and affiliates excludeterms, to the fullest extent permitted by applicable lawundertakings, any warranty, or representations whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether (by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts ) is excluded to ensure the accuracy, correctness and reliability of the Products and the Website, Nearmap makes no representations or warranties as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Products exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products and services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law. 8.2 Nothing in this agreement excludes restricts or modifies any right or remedy or any guarantee term condition warranty undertaking inducement or representation implied by any legislation which cannot be excluded or limited. 8.3 Where any legislation implies or imposes a guarantee, this clause 10 sets out Nearmapterm, condition, warranty, undertaking, inducement or representation which cannot be excluded, (‘Non-Excludable Provision’), and Xxxxxx may limit the Hirer’s sole remedy for a breach of the Non-Excludable Provision, then Xxxxxx’x liability for breach of the Non-Excludable Provision is limited to (at Xxxxxx’x election): a) in the case of goods, the repair or replacement of the goods or the supply of substitute goods (or the cost of doing so); or b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. 8.4 Xxxxxx shall not be liable for any consequential, indirect or special loss or damage, loss of actual or anticipated profits or revenue, loss of business, business interruption, wasted costs the Hirer have incurred, amounts that the Hirer is liable to its customers for or any loss suffered by third parties. 8.5 The Hirer is liable for and exclusive will indemnify Xxxxxx against all liability, claims, damage, loss, costs and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products expenses (including, without limitation, credit legal fees, costs and disbursements on a full indemnity basis, whether incurred or debit card details provided awarded against Xxxxxx and any environmental loss, cost, damage or expense) in respect of personal injury, damage to tangible property, or a claim by a third party, in respect to this agreement. The Hirer’s liability under this indemnity is diminished to the Licensee extent that Xxxxxx’x breach of the agreement causes the liability, claims, damage, loss, costs or expenses. 8.6 Each indemnity in this agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion and expiration of this agreement. 8.7 Xxxxxx shall not be liable to the Hirer for any acts or omissions of any person supplied by Xxxxxx where that person is acting under the purpose of paying Nearmap) may Hirer’s direction and control during the Term and shall be disclosed to indemnified against all liability, claims, damage, loss, costs and held by one or more of Nearmap’s third party suppliers and partners expenses (including, without limitation, providers of payment processing services)legal fees, costs and used by those third parties disbursements on a full indemnity basis, any environmental loss, cost, damage or expense) arising from or incurred in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Productssuch acts or omissions.

Exclusion of Warranties. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representation, warranty, condition and guarantee, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, the Products and the Website, Nearmap makes no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content contained on the Website. The Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products or the Website. Limit of Liability Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) ), extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website Website, the Content or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content or the Website exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents agents, mandataries and subcontractors, from and against any and all direct or indirect claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees and costs) arising from or out of: the Licensee’s actual or alleged breach of any provisions of this Agreement; the Licensee’s use of the Product for any purpose; and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Works. Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.

Exclusion of Warranties. Nothing in this Agreement excludes or varies any rights or remedies under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australia Consumer Law) which cannot be excluded, restricted or modified. Subject to clause 9.1, the Website and the Products are provided "as is", and Nearmap Nearmap, Third Party Providers and its content providers, agents agents, mandataries and affiliates exclude, to the fullest extent permitted by applicable law, any representations, warranty, conditions and guarantees, express or implied, including, without limitation, any implied warranties representations, warranties, conditions or guarantees of merchantability or fitness for a particular purpose, any warranties as to the currency or regularity of the updates of the Products, any warranties as to any files the Licensee downloads from the Website being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Agreement whether by law, statute or otherwise. To the fullest extent possible and subject to Nearmap’s liabilities and obligations under the Australian Consumer Law, the remaining provisions of this clause 9 shall apply. No Representations While Subject to clause 9.2, while Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, the Products and the Website, Nearmap makes and its Third Party Providers make no representations representations, warranties, conditions or warranties guarantees as to the accuracy, correctness or reliability of any Product or content Content contained on the WebsiteWebsite and/or obtained through an API. The Products and Products, the Website are and APIs may be subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products Products, the Website or the WebsiteAPIs. Limit of Liability Subject to clause 9.2, Nearmap’s liability for: a breach of a warranty under clause 9.1; or a breach of a warranty representation, warranty, condition or guarantee which is implied or imposed in relation to this Licence under legislation and cannot be excluded, will be limited to, at Nearmap’s option replacing or repairing the Products or supplying Products equivalent to the relevant Products, or paying the cost of replacing or repairing the Products. No Liability for Claims To Subject to clause 9.2, to the extent permitted by law, in no event will Nearmap, its content providers, agents agents, mandataries or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the APIs, the Content or the Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) tort, extracontractual liability or otherwise. The Licensee is responsible for the entire cost of all servicing, repair or correction required due to the Licensee’s use of this Website or the Products. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap. Aggregate Limit In Subject to clause 9.2, in no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), extracontractual liability, product liability, strict liability or other theory, arising out of or relating to the use of the Products Products, the Content, the Website or APIs exceed any compensation or Fee the Licensee has paid, if any, to Nearmap for access to or use of the Products over the 12 twelve (12) month period prior to the alleged default, breach or event giving rise to the liability. Third Party Providers The Licensee acknowledges that Nearmap relies on the services of Third Party Providers in order to supply the products Products and related services. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service providerprovider except to the extent it was caused or contributed to by the acts, defaults or omissions of Nearmap. Indemnity The Licensee agrees to indemnify Nearmap and its directors, officer, employees, agents and subcontractors, from and against any and all direct or indirect third party claims, damages, losses, liabilities, expenses and costs (including reasonable attorney’s fees solicitors and own client costs) arising from or out of: of the Licensee’s actual or alleged breach of any provisions of this Agreement; , except to the Licensee’s use extent caused or contributed to by acts, defaults or omissions of the Product for any purpose; Nearmap, its directors, officers, employees, agents and the Licensee’s use of, or any third party’s use of, or inability to use, any Derivative Works, including without limitation, any output from the Derivative Workssubcontractors. Subject to clause 9, if If any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any Infringement infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the Infringement infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights. Nearmap will use any data supplied by the Licensee as set out in Nearmap’s Privacy Policy, available at xxxxx://xx.xxxxxxx.xxx/legal/privacy. By entering into this Agreement, the Licensee expressly consent to receiving by email direct marketing communications from Nearmap. By entering into this Agreement, the Licensee acknowledges that personal information provided by the Licensee in the course of accessing Products (including, without limitation, credit or debit card details provided by the Licensee for the purpose of paying Nearmap) may be disclosed to and held by one or more of Nearmap’s third party suppliers and partners (including, without limitation, providers of payment processing services), and used by those third parties in connection with the supply of Products. Nearmap will have no liability whatsoever with respect to any personal information held by a third party in connection with the supply of Products.