Common use of Limitation of Liability and Disclaimer of Warranties Clause in Contracts

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, COVER- TYPE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CENTURYLINK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NOTWITHSTANDING THE FOREGOING, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT FOR THE AFFECTED SERVICE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assigns.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING ANY EXPRESS FINANCIAL UNDER NO CIRUMSTANCES WILL EITHER PARTY OR LIABILITY PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NEITHER PARTY WILL BE ITS RELATED ENTITIES OR PERSONS BY LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARYINDIRECT, SPECIAL, RELIANCEPUNITIVIE, COVER- TYPEOR INCIDENTAL DAMAGES, INCIDENTAL WHETHER FORESEEABLE OR PUNITIVE DAMAGES UNFORESEEABLE, BASED ON CLAIMS (INCLUDING WITHOUT LIMITATIONINCLUDING, LOST BUSINESSBUT NO LIMITED TO, REVENUECLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR GOODWILLUSE OF THE PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OUT OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY BREACH OF TORT, CONTRACT, WARRANTYMISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR NEGLIGENCEOTHERWISE, EVEN IF THE PARTY REGARDLESS OF WHETHER IT HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR ANY REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CENTURYLINK EXCEPT FOR EQUIS’ INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH EQUIS AND ITS RELATED PERSONS MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT OF FEES OWED BY EQUIS TO MARKETING PARTNER UNDER THIS AGREEMENT. EXCEPT AS SET FORTH IN THIS AGREEMENT, EQUIS MAKES NO WARRANTIES, WARRANTY OR CONDITION TO MARKETING PARTNER REGARDING THE PRODUCTS AND EXCLUDES ALL EXPRESS OR IMPLIEDIMPLIED WARRANTIES AND CONDITIONS, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NOTWITHSTANDING THE FOREGOING, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT FOR THE AFFECTED SERVICE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assigns.3

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING 4.1 MAVRCK, ITS AFFILIATES, THE BRANDS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE “MAVRCK PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE MAVRCK SERVICES, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. THE MAVRCK PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF THE CONTENT OR ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE OTHER INFORMATION CONVEYED TO THE OTHER USER OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY INDIRECTDELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE MAVRCK SERVICES AND THE CONTENT AT YOUR OWN RISK. THE MAVRCK PARTIES DO NOT WARRANT THAT THE MAVRCK SERVICES WILL OPERATE ERROR-FREE OR THAT THE MAVRCK SERVICES, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, COVER- TYPE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITSTHEIR SERVERS, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE MAVRCK SERVICES OR THE PROVISION CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO MAVRCK PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE MAVRCK SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF KIND. THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CENTURYLINK MAKES NO MAVRCK PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. NOTWITHSTANDING THE FOREGOINGIF YOU ARE A USER FROM NEW JERSEY, CENTURYLINK’S TOTAL THIS SECTION 4 TITLED “LIMITATION OF LIABILITY HEREUNDER WILL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT AND DISCLAIMER OF ANY APPLICABLE OUTAGE CREDITS DUE WARRANTIES” IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE SERVICE EXHIBIT FOR LAWS OF THE AFFECTED SERVICESTATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE FOREGOING LIMITATION APPLIES TO ALL CAUSES LAWS OF ACTIONS AND CLAIMSTHE STATE OF NEW JERSEY, INCLUDING WITHOUT LIMITATION, BREACH THE INVALIDITY OF CONTRACT, BREACH SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assignsTHE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NEITHER AGREEMENT NFITHER PARTY WILL SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, COVER- TYPE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CENTURYLINK IPN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK IPN SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; , INCLUDING WITHOUT LIMITATION LIMITATION. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NOTWITHSTANDING THE FOREGOING, CENTURYLINKIPN’S TOTAL LIABILITY HEREUNDER WILL SHALL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT FOR THE AFFECTED SERVICESERVICE (OR WHERE NOT AVAILABLE, IPN’S THEN CURRENT STANDARD TARIFFED LIABILITY PROVISIONS). THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to IPN and Customer include its their respective Affiliates, End Users, agents, officers, directors, shareholders, shareholders and employees, successors and assigns.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING 3.1 THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE OR CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR CONTENT OR ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE OTHER INFORMATION CONVEYED TO THE OTHER USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY INDIRECTDELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK. THE COMPANY PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, COVER- TYPE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITSITS SERVER, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE PROVISION CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF KIND. THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CENTURYLINK MAKES NO COMPANY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY PARTIES RIGHTS. NOTWITHSTANDING THE FOREGOING, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT AND FITNESS FOR THE AFFECTED SERVICE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assignsPARTICULAR PURPOSE.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENTMSA, NEITHER MOD MAKES NO WARRANTIES, REPRESENTATIONS OR OTHER AGREEMENTS, EXPRESS OR IMPLIED, TO CUSTOMER OR ANY THIRD PARTY WILL WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. MOD SHALL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE AND MAINTAIN THE SERVICE TO CUSTOMER AS SPECIFIED HEREIN. NOTWITHSTANDING ANY OTHER PROVISION OF THIS MSA, IN NO EVENT SHALL MOD BE LIABLE TO THE OTHER FOR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIALINDIRECT, RELIANCE, COVER- TYPE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING INCLUDING, WITHOUT LIMITATION, LOST BUSINESSLOSS OF REVENUE OR PROFIT OR ANY OTHER BUSINESS LOSS INCLUDING GOODWILL, REVENUELOSS OF USE OF ANY PROPERTY, PROFITSCOST OF SUBSTITUTE PERFORMANCE, EQUIPMENT OR SERVICES, DOWNTIME COSTS AND CLAIMS OF CUSTOMER FOR SUCH DAMAGES, REGARDLESS OF WHETHER DAMAGES ARE CAUSED BY WILLFUL MISCONDUCT, NEGLIGENT ACT OR OMISSION, OR GOODWILL) OTHER WRONGFUL ACT ARISING IN CONNECTION WITH FROM OR RELATED TO THIS AGREEMENT MSA AND REGARDLESS OF WHETHER MOD WAS ADVISED OF OR THE PROVISION OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD COULD HAVE KNOWN OF FORESEEN THE POSSIBILITY OF SUCH DAMAGES. CENTURYLINK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS CUSTOMER’S SOLE REMEDY FOR A PARTICULAR PURPOSE, OR TITLE THE FAILURE OR NON-INFRINGEMENT PERFORMANCE OF THIRD PARTY RIGHTSMOD AND/OR THE SERVICE SHALL BE TO RECEIVE A CREDIT AS SET FORTH IN SECTION 9 ABOVE. NOTWITHSTANDING THE FOREGOINGREGARDLESS OF ANY OTHER PROVISION OF THIS MSA, CENTURYLINKMOD’S TOTAL ENTIRE LIABILITY HEREUNDER WILL FOR ANY CLAIM, LOSS, EXPENSE, OR DAMAGE UNDER THIS MSA OR ANY SERVICE ORDER SHALL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT SUM ACTUALLY PAID BY CUSTOMER TO MOD FOR THE AFFECTED SERVICESERVICE DURING THE THREE (3) MONTH PERIOD PRECEDING THE DATE SUCH CLAIM FIRST AROSE. THE FOREGOING LIMITATION APPLIES LIMITATIONS APPLY TO ALL CAUSES OF ACTIONS ACTION AND CLAIMSCLAIMS OF ANY KIND ARISING OUT OF OR RELATED TO THIS MSA OR ANY SERVICE ORDER INCLUDING, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION NEGLIGENCE, MISREPRESENTATION, OR ANY OTHER TORT. CUSTOMER ACKNOWLEDGES AND OTHER TORTSACCEPTS THE REASONABLENESS OF THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9FOR PURPOSES OF THIS SECTION 11, all references to Customer include its respective AffiliatesALL REFERENCES TO MOD SHALL INCLUDE ITS AFFILIATES, End UsersAGENTS, agentsSUPPLIERS, officersOFFICERS, directorsDIRECTORS, shareholdersSHAREHOLDERS, employees, successors and assignsAND EMPLOYEES.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING ANY EXPRESS FINANCIAL EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR LIABILITY PROVISIONS PROVIDED FOR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT IN THIS AGREEMENTNO EVENT SHALL AMERANT OR ITS SUBSIDIARIES, NEITHER PARTY WILL AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE TO THE OTHER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARYINCIDENTAL, SPECIAL, RELIANCE, COVER- TYPE, INCIDENTAL CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, ACTIONS, LIABILITIES, COSTS, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND EXPENSES, DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, FOR LOSS OF PROFITS, GOODWILL, USE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE PROVISION INABILITY TO USE ANY OF THE DIGITAL SERVICES HEREUNDER INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY OF THE DIGITAL SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, WHETHER CONTRACT, WARRANTYTORT, STRICT LIABILITY OR NEGLIGENCEOTHERWISE), EVEN IF THE PARTY AMERANT HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN INFORMED OF THE POSSIBILITY THEREOF. YOU UNDERSTAND AND AGREE THAT THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF SUCH DAMAGESTHE AGREEMENT OR USE OF ANY OF THE DIGITAL SERVICES. CENTURYLINK MAKES NO WARRANTIESTHE DIGITAL SERVICES AND ALL INFORMATION, EXPRESS SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE THROUGH THE DIGITAL SERVICES, ARE PROVIDED “AS IS” “WHERE IS” AND “WHERE AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-AND NON- INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. NOTWITHSTANDING WE ASSUME NO RESPONSIBILITY FOR THE FOREGOINGTIMELINESS, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL IN NO EVENT EXCEED DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; DIGITAL SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR (II) DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE AGGREGATE AMOUNT USE OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE DIGITAL SERVICE EXHIBIT IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR THE AFFECTED SERVICE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMSANY DAMAGES, INCLUDING WITHOUT LIMITATION, BREACH LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF CONTRACT, BREACH DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assignsSUCH MATERIAL AND/OR DATA.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING 3.1 PATHLIGHT, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, “PATHLIGHT PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. PATHLIGHT PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE OTHER INFORMATION CONVEYED TO THE OTHER USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY INDIRECTDELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK. PATHLIGHT PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERRORFREE OR THAT THE SITE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, COVER- TYPE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITSITS SERVER, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE PROVISION CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO PATHLIGHT PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGESKIND. CENTURYLINK MAKES NO PATHLIGHT PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NOTWITHSTANDING THE FOREGOING, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT FOR THE AFFECTED SERVICE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assigns.

Limitation of Liability and Disclaimer of Warranties. EXCEPT AS OTHERWISE SET FORTH IN THESE SOA TERMS, X86 NETWORK SDN BHD MAKES NO WARRANTIES, REPRESENTATIONS OR OTHER AGREEMENTS, EXPRESS OR IMPLIED, TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITING LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. X86 NETWORK SDN BHD SHALL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE AND MAINTAIN THE SERVICE TO CUSTOMER AS SPECIFIED HEREIN. NOTWITHSTANDING ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR OTHER PROVISION OF THESE SOA TERMS, IN THIS AGREEMENT, NEITHER PARTY WILL NO EVENT SHALL X86 NETWORK SDN BHD BE LIABLE TO THE OTHER FOR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIALINDIRECT, RELIANCE, COVER- TYPE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING INCLUDING, WITHOUT LIMITATION, LOST BUSINESSLOSS OF REVENUE OR PROFIT OR ANY OTHER BUSINESS LOSS INCLUDING GOODWILL, REVENUELOSS OF USE OF ANY PROPERTY, PROFITSCOST OF SUBSTITUTE PERFORMANCE, EQUIPMENT OR SERVICES, DOWNTIME COSTS AND CLAIMS OF CUSTOMER FOR SUCH DAMAGES, REGARDLESS OF WHETHER DAMAGES ARE CAUSED BY WILLFUL MISCONDUCT, NEGLIGENT ACT OR OMISSION, OR GOODWILL) OTHER WRONGFUL ACT ARISING IN CONNECTION WITH THIS AGREEMENT FROM OR THE PROVISION RELATED TO THESE SOA TERMS AND REGARDLESS OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY WHETHER X86 NETWORK SDN BHD WAS ADVISED OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD COULD HAVE KNOWN OF FORESEEN THE POSSIBILITY OF SUCH DAMAGES. CENTURYLINK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS CUSTOMER'S SOLE REMEDY FOR A PARTICULAR PURPOSE, OR TITLE THE FAILURE OR NON-INFRINGEMENT PERFORMANCE OF THIRD PARTY RIGHTSX86 NETWORK SDN BHD AND/OR THE SERVICE SHALL BE TO RECEIVE A CREDIT AS SET FORTH IN SECTION 9 ABOVE. NOTWITHSTANDING REGARDLESS OF ANY OTHER PROVISION OF THESE SOA TERMS, X86 NETWORK SDN BHD'S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, EXPENSE, OR DAMAGE UNDER THESE SOA TERMS AND THE FOREGOING, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL SERVICE ORDER SHALL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT SUM ACTUALLY PAID BY CUSTOMER TO X86 NETWORK SDN BHD FOR THE AFFECTED SERVICESERVICE DURING THE THREE (3) MONTH PERIOD PRECEDING THE DATE SUCH CLAIM FIRST AROSE. THE FOREGOING LIMITATION APPLIES LIMITATIONS APPLY TO ALL CAUSES OF ACTIONS ACTION AND CLAIMSCLAIMS OF ANY KIND ARISING OUT OF OR RELATED TO THESE SOA TERMS OR THE SERVICE ORDER INCLUDING, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION NEGLIGENCE, MISREPRESENTATION, OR ANY OTHER TORT. CUSTOMER ACKNOWLEDGES AND OTHER TORTSACCEPTS THE REASONABLENESS OF THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9FOR PURPOSES OF THIS SECTION 11, all references to Customer include its respective AffiliatesALL REFERENCES TO X86 NETWORK SDN BHD SHALL INCLUDE ITS AFFILIATES, End UsersAGENTS, agentsSUPPLIERS, officersOFFICERS, directorsDIRECTORS, shareholdersSHAREHOLDERS, employees, successors and assignsAND EMPLOYEES.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING 3.1 THE CLUB, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “CLUB PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE CLUB PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE OTHER INFORMATION CONVEYED TO THE OTHER USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY INDIRECTDELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK. THE CLUB PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, COVER- TYPE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITSITS SERVER, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE PROVISION CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO CLUB PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF KIND. THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CENTURYLINK MAKES NO CLUB PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY PARTIES RIGHTS. NOTWITHSTANDING THE FOREGOING, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT AND FITNESS FOR THE AFFECTED SERVICE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assignsPARTICULAR PURPOSE.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING 3.1 KICVENTURES, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “KICVENTURES PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE KICVENTURES PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY EXPRESS FINANCIAL OTHER INFORMATION CONVEYED TO THE USER OR LIABILITY PROVISIONS PROVIDED FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK. THE KICVENTURES PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THIS AGREEMENTTHE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NEITHER NO KICVENTURES PARTY WILL BE LIABLE TO RESPONSIBLE FOR THOSE COSTS. THE OTHER FOR WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, COVER- TYPE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR WARRANTIES OF ANY KIND. THE PROVISION OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CENTURYLINK MAKES NO KICVENTURES PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY PARTIES RIGHTS. NOTWITHSTANDING THE FOREGOING, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT AND FITNESS FOR THE AFFECTED SERVICE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assignsPARTICULAR PURPOSE.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING (a) THE USE OF SPRINGER FOR R&D IS AT SUBSCRIBER'S SOLE RISK. NEITHER SPRINGER NOR ANY EXPRESS FINANCIAL OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, PARENT OR LIABILITY PROVISIONS PROVIDED SUBSIDIARY ENTITIES, AFFILIATES, AGENTS NOR ANY THIRD-PARTY CONTENT PROVIDERS (COLLECTIVELY, INCLUDING SPRINGER, THE "SPRINGER-VERLAG AFFILIATES") REPRESENTS OR WARRANTS THAT SPRINGER FOR IN THIS AGREEMENT, NEITHER PARTY R&D WILL BE LIABLE UNINTERRUPTED, ACCURATE OR ERROR FREE. THE SPRINGER AFFILIATES DO NOT MAKE ANY WARRANTY AS TO THE OTHER RESULTS THAT MAY BE OBTAINED FROM THE USE OF SPRINGER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, COVER- TYPE, INCIDENTAL R&D SOFTWARE OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITSSPRINGER FOR R&D, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF SPRINGER FOR R&D OR ANY CONTENT. EXCEPT TO THE PROVISION EXTENT PROHIBITED BY LAW, SPRINGER FOR R&D, THE SPRINGER FOR R&D SOFTWARE AND ALL CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES)KIND, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CENTURYLINK MAKES NO WARRANTIES, EXPRESS EITHER EXPRESSED OR IMPLIED, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION GIVEN BY A SPRINGER AFFILIATE SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ANY SPRINGER AFFILIATE, OR TITLE ANYONE ELSE INVOLVED IN CREATING, PRODUCING, MAINTAINING OR NON-INFRINGEMENT DISTRIBUTING SPRINGER FOR R&D OR THE SPRINGER FOR R&D SOFTWARE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT MIGHT RESULT FROM THE USE OF, OR INABILITY TO USE, SPRINGER FOR R&D OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF THIRD PARTY RIGHTSMATERIAL, ERRORS, DEFECTS, VIRUSES, “TROJAN HORSES,” DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SPRINGER PROGRAMS OR SERVICES. NOTWITHSTANDING SPRINGER MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE FOREGOINGACCURACY, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL IN NO EVENT EXCEED ADEQUACY, TRUTHFULNESS, COMPLETENESS, OR USEFULNESS OF THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT INFORMATION ACCESSIBLE THROUGH SPRINGER FOR THE AFFECTED SERVICE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMSR&D. Without limitation to the foregoing, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts in no event shall the reasonableness total liability of the foregoing disclaimer Springer Affiliates for all damages, losses and limitations of liability. No cause causes of action whether in contract, tort, including negligence, or otherwise, either jointly or severally, exceed in total the dollar amount paid by Subscriber to Springer under any theory which accrued more than one this Agreement for electronic versions of Journals in the twelve (112) year months prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assignsclaimed damage or loss.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING 3.1 THE SAINT XXXXXX’SCARPENTER SOCIETY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “SAINT XXXXXX’X XXXXXXXXX SOCIETY PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE SAINT XXXXXX’X XXXXXXXXX SOCIETY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE OTHER INFORMATION CONVEYED TO THE OTHER USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY INDIRECTDELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK. THE SAINT XXXXXX’X XXXXXXXXX SOCIETY PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, COVER- TYPE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITSITS SERVER, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE PROVISION CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO SAINT XXXXXX’X XXXXXXXXX SOCIETY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF KIND. THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CENTURYLINK MAKES NO SAINT XXXXXX’X XXXXXXXXX SOCIETY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY PARTIES RIGHTS. NOTWITHSTANDING THE FOREGOING, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT AND FITNESS FOR THE AFFECTED SERVICE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assignsPARTICULAR PURPOSE.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING 3.1 NARCOLEPSY NETWORK, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “NARCOLEPSY NETWORK PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. NARCOLEPSY NETWORK PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE OTHER INFORMATION CONVEYED TO THE OTHER USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY INDIRECTDELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK. THE NARCOLEPSY NETWORK PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR FREE OR THAT THE WEB SITE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, COVER- TYPE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITSITS SERVER, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE PROVISION CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO NARCOLEPSY NETWORK PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF KIND. THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CENTURYLINK MAKES NO NARCOLEPSY NETWORK PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NOTWITHSTANDING THE FOREGOING, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT FOR THE AFFECTED SERVICE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assigns.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NEITHER PARTY NO EVENT WILL NAVIPOINT BE LIABLE TO THE OTHER ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCEPUNITIVE, COVER- TYPEEXEMPLARY OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST BUSINESS, REVENUE, PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR THE PROVISION OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCEOTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW WE ARE EXPRESSLY ADVISED (OR SHOULD HAVE KNOWN KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES. CENTURYLINK MAKES YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED BY NAVIPOINT ON AN "AS IS" BASIS ONLY. NAVIPOINT PROVIDES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NAVIPOINT MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. NAVIPOINT MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY SERVICE PROVISIONED HEREUNDERINFORMATION OBTAINED THROUGH THE WEBSITE. CENTURYLINK SPECIFICALLY DISCLAIMS NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE FROM US, OUR HOLDING COMPANY, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES OR CHANNEL PARTNERS OR BUSINESS PARTNERS OR THIRD-PARTY PARTNER LABORATORIES (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE. WE MAKE NO, AND DISCLAIM ANY AND ALL IMPLIED ALL, PROMISES, REPRESENTATIONS AND WARRANTIES; INCLUDING WITHOUT LIMITATION , WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT UPLOADED BY YOU, OR AT YOUR REQUEST, TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NOTWITHSTANDING THE FOREGOINGINFRINGEMENT, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; QUIET ENJOYMENT, AND/OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT FOR THE AFFECTED SERVICE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assignsDATA ACCURACY.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING 3.1 THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE OTHER INFORMATION CONVEYED TO THE OTHER USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY INDIRECTDELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK. THE COMPANY PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERRORFREE OR THAT THE WEB SITE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, COVER- TYPE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITSITS SERVER, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE PROVISION CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF KIND. THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CENTURYLINK MAKES NO COMPANY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NOTWITHSTANDING THE FOREGOING, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT FOR THE AFFECTED SERVICE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assigns.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING 3.1 SLICEX AI, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “SLICEX AI PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. SLICEX AI PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE OTHER INFORMATION CONVEYED TO THE OTHER USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY INDIRECTDELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK. SLICEX AI PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERRORFREE OR THAT THE WEB SITE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, COVER- TYPE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITSITS SERVER, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE PROVISION CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO SLICEX AI PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGESKIND. CENTURYLINK MAKES NO SLICEX AI PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NOTWITHSTANDING THE FOREGOING, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT FOR THE AFFECTED SERVICE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assigns.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING ANY EXPRESS FINANCIAL UNDER NO CIRUMSTANCES WILL EITHER PARTY OR LIABILITY PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NEITHER PARTY WILL BE ITS RELATED ENTITIES OR PERSONS BY LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARYINDIRECT, SPECIAL, RELIANCEPUNITIVIE, COVER- TYPEOR INCIDENTAL DAMAGES, INCIDENTAL WHETHER FORESEEABLE OR PUNITIVE DAMAGES UNFORESEEABLE, BASED ON CLAIMS (INCLUDING WITHOUT LIMITATIONINCLUDING, LOST BUSINESSBUT NO LIMITED TO, REVENUECLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR GOODWILLUSE OF THE PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OUT OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY BREACH OF TORT, CONTRACT, WARRANTYMISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR NEGLIGENCEOTHERWISE, EVEN IF THE PARTY REGARDLESS OF WHETHER IT HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR ANY REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CENTURYLINK EXCEPT FOR EQUIS’ INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH EQUIS AND ITS RELATED PERSONS MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT OF FEES OWED BY EQUIS TO MARKETING PARTNER UNDER THIS AGREEMENT. EXCEPT AS SET FORTH IN THIS AGREEMENT, EQUIS MAKES NO WARRANTIES, WARRANTY OR CONDITION TO MARKETING PARTNER REGARDING THE PRODUCTS AND EXCLUDES ALL EXPRESS OR IMPLIEDIMPLIED WARRANTIES AND CONDITIONS, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NOTWITHSTANDING THE FOREGOING, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT FOR THE AFFECTED SERVICE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assigns.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR ALTHOUGH MODAVOX ENDEAVORS TO USE CARE IN THIS AGREEMENTRESPECT TO PROVIDING THE SERVICES, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, COVER- TYPE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CENTURYLINK MODAVOX MAKES NO WARRANTIES, REPRESENTATION OR WARRANTIES EITHER EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NOTWITHSTANDING THE FOREGOING, CENTURYLINK’S TOTAL LIABILITY HEREUNDER WILL IN NO EVENT EXCEED THE LESSER OF: (I) CUSTOMER’S PROVEN DIRECT DAMAGES; OR (II) THE AGGREGATE AMOUNT OF ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT FOR THE AFFECTED SERVICE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, WITH RESPECT TO ANY ASPECT OF THE SERVICE ( INCLUDING ANY SOFTWARE, DATA OR EQUIPMENT PROVIDED AS PART THEREOF). NEITHER MODAVOX NOR ANY THIRD PARTY DATA, SOFTWARE OR EQUIPMENT PROVIDERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. AUDIOEYE EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT AUDIOEYE'S SOLE RISK. ACCORDINGLY, NEITHER MODAVOX NOR ANY DATA, SOFTWARE, OR EQUIPMENT PROVIDERS WILL IN ANY WAY BE LIABLE TO AUDIOEYE OR TO ANY OTHER ENTITY FOR ANY INACCURACIES, ERRORS, OMISSIONS OR DELAYS REGARDLESS OF CAUSE IN THE SERVICE OR IN ANY DATA, INFORMATION OR SOFTWARE CONTAINED THEREIN, OR CAUSED BY ANY MODAVOX OR THIRD PARTY EQUIPMENT OR SOFTWARE USED IN CONNECTION THEREWITH, OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT, OR CONSEQUENTIAL, PUNTIVE, SPECIAL OR EXEMPLARY, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS) RESULTING THEREFROM, REGARDLESS OF CAUSE AND REGARDLESS OF WHETHER OR NOT MODAVOX OR ANY SUCH THIRD PARTIES ARE DEEMED LIABLE IN ANY MANNER, THEN SUCH LIABILITY, WHETHER ARISING FROM CONTRACT, BREACH OF WARRANTY, NEGLIGENCENELIGENCE OR OTHERWISE SHALL, STRICT LIABILITYIN NO EVENT, MISREPRESENTATION AND EXCEED THE AMOUNT AUDIOEYE HAS PAID FOR THE SERCIVE DURING THE PRECEDING 12 MONTH PERIOD. MODAVOX SHALL NOT BE LIABLE TO ANY AUDIOEYE FOR ANY DELAY IN PERFORMANCE OR FAILURE TO PERFORM ANY TERM OR CONDITION CAUSED DIRECTLY OR INDIRECTLY BY FIRE, EXPLOSION, ACCIDENT, FLOOD, LABOR TROUBLE, WEATHER CONDITION, ANY REGULATION, RULE OR ACT OF ANY GOVERNMENT OR GOVERNMENT AGENCY, OR THE INABILITY TO OBTAIN OR SHORTAGE OF SUITABLE MATERIAL, COMPONENTS, PARTS, EQUIPMENT, MACHINERY, FUEL, POWER, COMMUNICATION FACILTIES OR TRANSPORTATION, ACT OF GOD, ARMED CONFLICTS, CIVIL COMMOTION OR ANY OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assignsCAUSE OF LIKE CHARACTER BEHOND THE REASONABLE CONTROL OF MODAVOX.

Limitation of Liability and Disclaimer of Warranties. WITHOUT LIMITING ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR ESP DELIVERS, LLC, ITS SUPPLIERS AND INDEPENDENT CONTRACTORS, AND THEIR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUCCESSORS AND ASSIGNS (AS USED IN THIS AGREEMENTSECTION 12, NEITHER PARTY WILL "ESP DELIVERS, LLC") SHALL NOT BE LIABLE TO THE OTHER CUSTOMER FOR ANY INDIRECTINCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, COVER- TYPE, INCIDENTAL SPECIAL OR PUNITIVE DAMAGES (ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE TYPE OF ACTION, INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) THOSE ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OUT OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY BREACH OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY TORT OR NEGLIGENCEANY OTHER CAUSE OF ACTION, EVEN IF THE PARTY ESP DELIVERS, LLC HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CENTURYLINK ESP DELIVERS, LLC’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID, DURING THE THREE (3) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, BY CUSTOMER TO ESP DELIVERS, LLC FOR THE SERVICE GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, ESP DELIVERS, LLC MAKES NO WARRANTIESREPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES, SOFTWARE, OR EQUIPMENT PERFORMED, PROVIDED OR USED IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SERVICE PROVISIONED HEREUNDER. CENTURYLINK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITYNON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OF MERCHANTABILITY OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ESP DELIVERS, LLC DOES NOT WARRANT THAT THE USE OF OR ACCESS TO THE SERVICES, SOFTWARE, OR TITLE EQUIPMENT SHALL BE WITHOUT INTERRUPTION, ERROR FREE, THAT SUCH ERRORS WILL BE CORRECTED, DELAY, DEGRADATION OF VOICE QUALITY OR NON-INFRINGEMENT LOSS OF THIRD PARTY RIGHTSCONTENT, DATA OR INFORMATION. NOTWITHSTANDING ANYTHING TO THE FOREGOINGCONTRARY IN THIS AGREEMENT, CENTURYLINK’S TOTAL ESP DELIVERS, LLC WILL HAVE NO LIABILITY HEREUNDER WILL IN NO EVENT EXCEED THE LESSER OF: (I) WHATSOEVER FOR ANY DIRECT OR INDIRECT LOSSES OF ANY KIND ARISING FROM, OR RELATED TO, ANY RIGHTS, LICENSES, SERVICES, SOFTWARE, OR EQUIPMENT PROVIDED BY CUSTOMER OR ANY OTHER PARTY ON CUSTOMER’S PROVEN DIRECT DAMAGES; BEHALF (INCLUDING, BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS OR (II) THE AGGREGATE AMOUNT OF INDEPENDENT CONTRACTORS), OR FOR CUSTOMER’S RELIANCE ON ANY APPLICABLE OUTAGE CREDITS DUE UNDER THE SERVICE EXHIBIT FOR THE AFFECTED SERVICESUCH RIGHTS, LICENSES, SERVICES, SOFTWARE, OR EQUIPMENT. THE FOREGOING LIMITATION APPLIES RECOVERY OF DIRECT DAMAGES AS LIMITED HEREBY SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT. ESP DELIVERS, LLC SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO ESP DELIVERS, LLC’S OR CUSTOMER’S TRANSMISSION FACILITIES, PREMISES, OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ESP DELIVERS, LLC’S OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL CAUSES OF ACTIONS SERVICES ARE PROVIDED ON AN "AS IS" AND CLAIMS"AS AVAILABLE" BASIS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Customer acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section 9, all references to Customer include its respective Affiliates, End Users, agents, officers, directors, shareholders, employees, successors and assignsCUSTOMER ASSUMES THE RISK THEREFOR.