Common use of LIMITATION OF LIABILITY AND WARRANTIES Clause in Contracts

LIMITATION OF LIABILITY AND WARRANTIES. Provider expressly disclaims any warranty that the Provider Technologies are impervious to tampering. Customer acknowledge understands and agrees that the Provider Technologies do not prevent offenders from committing harmful, tortious, or illegal acts and that Provider expressly disclaims any liability for any harmful, tortious, or illegal acts committed by such offenders. In no event does Provider assume or bear any responsibility or liability for acts that may be committed by third parties or persons subject to or using the Provider Technologies or Provider Information. Provider shall have no liability to Customer (or to any person to whom Customer may have provided Provider Information) for any loss or injury arising out of or in connection with the Provider Technologies or Customer’s use thereof. If, notwithstanding the foregoing, liability can be imposed on Provider, Customer agrees that Provider's aggregate liability for any and all losses or injuries arising out of any act or omission of Provider in connection with the Provider Technologies, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00. Customer covenants and promises that it will not seek to recover from Provider an amount greater than such sum even if Customer was advised of the possibility of such damages. PROVIDER DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROVIDER TECHNOLOGIES. PROVIDER DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, LEGALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROVIDER TECHNOLOGIES OR ANY PROVIDER INFORMATION. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER FROM RECEIPT OR USE OF PROVIDER INFORMATION OR AS A RESULT OF THE UNAVAILABILITY OF THE PROVIDER TECHNOLOGIES OR PROVIDER INFORMATION OR THE ABILIITY TO MAKE USE OF SAME.

LIMITATION OF LIABILITY AND WARRANTIES. Provider expressly disclaims Except as otherwise provided herein, each Party shall be responsible for any warranty that actual physical damages it directly and solely causes in the Provider Technologies are impervious course of its performance under this Agreement, limited to tampering. Customer acknowledge understands and agrees that the Provider Technologies do not prevent offenders damages resulting from committing harmfulpersonal injuries, tortiousdeath, or illegal property damage arising from negligent acts and or omissions; provided however, that Provider expressly disclaims any liability neither party shall be liable for any harmfulincidental, tortiousconsequential, indirect, special, or illegal acts committed by such offenders. In no event does Provider assume or bear punitive damages of any responsibility or liability for acts that may be committed by third parties or persons subject to or using the Provider Technologies or Provider Information. Provider shall have no liability to Customer (or kind, including but not limited to any person loss of use, loss of business or loss of profit. Remedies under this Agreement are exclusive and limited to whom Customer may have provided Provider Informationthose expressly described in this Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR ANY SERVICE ORDER OR ANY OTHER DOCUMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW PROVIDER’S LIABILITY TO CUSTOMER RELATING TO OR ARISING FROM THIS AGREEMENT SHALL NOT EXCEED IN TOTAL THE AMOUNT PROVIDER HAS BEEN PAID, FOR THE IMPACTED SERVICE, BY CUSTOMER FOR THE TWELVE (12) for any loss or injury arising out of or in connection with the Provider Technologies or Customer’s use thereofMONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM OR EVENT(S) GIVING RISE TO SUCH LIABILITY REGARDLESS OF WHETHER BASED ON BREACH OF CONTRACT, STATUTORY VIOLATION(S), BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE), OR ANY OTHER BASIS IN LAW OR EQUITY. IfEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, notwithstanding the foregoingPROVIDER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, liability can be imposed on ProviderEXPRESS AND IMPLIED, Customer agrees that Provider's aggregate liability for any and all losses or injuries arising out of any act or omission of Provider in connection with the Provider Technologies, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00. Customer covenants and promises that it will not seek to recover from Provider an amount greater than such sum even if Customer was advised of the possibility of such damagesAS TO ANY SERVICE PROVIDED HEREUNDER. PROVIDER DOES NOT MAKE AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROVIDER TECHNOLOGIES. PROVIDER DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, LEGALITY, AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT OF THE PROVIDER TECHNOLOGIES OR ANY PROVIDER INFORMATION. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER FROM RECEIPT OR USE OF PROVIDER INFORMATION OR AS A RESULT OF THE UNAVAILABILITY OF THE PROVIDER TECHNOLOGIES OR PROVIDER INFORMATION OR THE ABILIITY TO MAKE USE OF SAMETHIRD PARTY RIGHTS.

LIMITATION OF LIABILITY AND WARRANTIES. Provider expressly A. ZIPLINK hereby represents and warrants to Reseller that neither the ZIPLINK Services, nor the use of such ZIPLINK Services by Reseller or Reseller's Subscribers shall infringe any worldwide patent, copyright, trademark, trade secret or other intellectual property or proprietary right of any third party. B. Other than as set forth in the last sentence of this paragraph, ZIPLINK shall not be responsible for any damage suffered by Reseller or Reseller's Subscribers as a result of any interruption, termination or other failure or cessation of ZIPLINK Services, including loss of data, whether or not caused by ZIPLINK's negligence. Use of any information obtained via ZIPLINK Services is at Reseller's and Reseller's Subscribers' own risk and ZIPLINK cannot guarantee the accuracy or security of any such content. ZIPLINK specifically disclaims any warranty that responsibility for the Provider Technologies are impervious to tamperingaccuracy or quality of the information obtained through ZIPLINK Services. Customer acknowledge understands and Reseller further agrees that the Provider Technologies do ZIPLINK shall not prevent offenders from committing harmful, tortious, or illegal acts and that Provider expressly disclaims any liability be liable for any harmfulspecial, tortiousincidental, indirect, punitive or illegal acts committed by such offenders. In no event does Provider assume consequential damages or bear any responsibility for lost profits, business or liability for acts that may be committed by third parties or persons subject to or using the Provider Technologies or Provider Information. Provider shall have no liability to Customer (or to any person to whom Customer may have provided Provider Information) for any loss or injury revenues, arising out of of, or in connection with with, this Agreement or the Provider Technologies services provided hereunder, whether suffered by Reseller, any of Reseller's Subscribers or Customer’s use thereof. Ifany party claiming rights derived therefrom, notwithstanding the foregoing, liability can be imposed on Provider, Customer agrees that Provider's aggregate liability for any and all losses or injuries arising out of any act or omission of Provider in connection with the Provider Technologies, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to even if ZIPLINK shall have been violated, shall never exceed $100.00. Customer covenants and promises that it will not seek to recover from Provider an amount greater than such sum even if Customer was advised in advance of the possibility of such potential loss or damage. In no event shall ZIPLINK's aggregate liability with respect to Reseller or Reseller's Subscriber exceed the amount of all fees and charges actually paid respectively by Reseller or its Subscriber to ZIPLINK in respect thereof for the twelve (12) month period immediately prior to ZIPLINK's actions giving rise to such damages. PROVIDER DOES NOT MAKE C. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS SECTION 9 AND HEREBY DISCLAIMS SECTION 20, EACH PARTY PROVIDES ALL MATERIALS AND SERVICES TO THE OTHER PARTY "AS IS," WITHOUT ANY WARRANTYWARRANTY OF ANY KIND, EXPRESS OR INCLUDING WITHOUT LIMITATION, ANY WARRANTIES (EXPRESS, IMPLIED, WITH RESPECT TO THE PROVIDER TECHNOLOGIES. PROVIDER DOES NOT GUARANTEE OR WARRANT THE CORRECTNESSSTATUTORY) OF TITLE, COMPLETENESS, LEGALITYNON-INFRINGEMENT, MERCHANTABILITY, OR AND FITNESS FOR A PARTICULAR PURPOSE OF THE PROVIDER TECHNOLOGIES OR ANY PROVIDER INFORMATIONPURPOSE. IN NO EVENT D. NEITHER PARTY SHALL PROVIDER BE LIABLE FOR ANY INDIRECTLOST PROFITS OR SPECIAL, INCIDENTAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES (HOWEVER ARISING, INCURRED BY CUSTOMER FROM RECEIPT INCLUDING NEGLIGENCE) ARISING OUT OF OR USE OF PROVIDER INFORMATION OR AS A RESULT IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE PARTIES ARE AWARE OF THE UNAVAILABILITY POSSIBILITY OF THE PROVIDER TECHNOLOGIES OR PROVIDER INFORMATION OR THE ABILIITY TO MAKE USE SUCH DAMAGES. THIS LIMITATION ON LIABILITY SHALL NOT EXCUSE RESELLER OF SAMEITS PAYMENT OBLIGATIONS UNDER THIS AGREEMENT. E. Reseller will indemnify and hold ZIPLINK, its agents, successors, affiliates, suppliers and assigns free and harmless from any and all obligations, costs, expenses, claims, judgments, attorneys' fees and attachments arising from, growing out of, or in any way connected with, a) any breach by Reseller of its Subscriber Agreements, (b) any use of ZIPLINK Services by any of Reseller's Subscribers throughout its chain of distribution, including any claims relating to the quality or functionality of ZIPLINK Services. F. Both parties to this Agreement will indemnify and hold each other free and harmless from any and all obligations, costs, expenses, claims, judgments, attorneys' fee and attachments arising from, growing out of, or in any way connected with any breach of the express warranties contained in this Agreement, or any third party claims that any product services, marks, software, or software provided by ZIPLINK infringe any copyright, patent, trade secret, trademark or any other proprietary right of any third party or violates any application law or regulation. Provided, however, that the party seeking indemnification shall: (a) promptly notify the other party in writing of the claim, (b) provide to the other party all reasonably requested assistance in the defense of such a claim, and (c) shall grant the other party sole control of the litigation and any settlement negotiations related thereto, provided that no settlement may be entered into by the other party without the prior written consent of the party seeking indemnification. G. ZIPLINK shall not be liable for delays or failure to deliver or perform due to acts of God, acts of the other party, acts of civil or military authorities, fires, strikes, floods, or other similar events beyond its control. Reseller shall not be liable for any penalties or payments for services not received by ZIPLINK. In the event that of a situation as defined here lasts longer that ten (10) days, Reseller may terminate the Agreement without penalty.

LIMITATION OF LIABILITY AND WARRANTIES. Provider expressly disclaims 16.1 Except as otherwise provided herein, each Party shall be responsible for any warranty that actual physical damages it directly and solely causes in the Provider Technologies are impervious course of its performance under this Agreement, limited to tampering. Customer acknowledge understands and agrees that the Provider Technologies do not prevent offenders damages resulting from committing harmfulpersonal injuries, tortiousdeath, or illegal property damage arising from negligent acts and or omissions; provided however, that Provider expressly disclaims any liability neither party shall be liable for any harmfulincidental, tortiousconsequential, indirect, special, or illegal acts committed by such offenders. In no event does Provider assume or bear punitive damages of any responsibility or liability for acts that may be committed by third parties or persons subject to or using the Provider Technologies or Provider Information. Provider shall have no liability to Customer (or kind, including but not limited to any person loss of use, loss of business or loss of profit. Remedies under this Agreement are exclusive and limited to whom Customer may have provided Provider Informationthose expressly described in this Agreement. Notwithstanding anything to the contrary in this Agreement or any service order or any other document, TO THE MAXIMUM EXTENT PERMITTED BY LAW Provider’s liability TO CUSTOMER RELATING TO OR ARISING FROM THIS AGREEMENT SHALL NOT EXCEED IN TOTAL THE AMOUNT PROVIDER HAS BEEN PAID, FOR THE IMPACTED SERVICE, BY CUSTOMER FOR THE TWELVE (12) for any loss or injury arising out of or in connection with the Provider Technologies or Customer’s use thereofMONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM OR EVENT(S) GIVING RISE TO SUCH LIABILITY REGARDLESS OF WHETHER BASED ON BREACH OF CONTRACT, STATUTORY VIOLATION(S), BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE), OR ANY OTHER BASIS IN LAW OR EQUITY. IfEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, notwithstanding the foregoingPROVIDER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, liability can be imposed on ProviderEXPRESS AND IMPLIED, Customer agrees that Provider's aggregate liability for any and all losses or injuries arising out of any act or omission of Provider in connection with the Provider Technologies, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00. Customer covenants and promises that it will not seek to recover from Provider an amount greater than such sum even if Customer was advised of the possibility of such damagesAS TO ANY SERVICE AND EQUIPMENT PROVIDED HEREUNDER. PROVIDER DOES NOT MAKE AND HEREBY SPECIFICALLY DISCLAIMS All IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION, ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROVIDER TECHNOLOGIES. PROVIDER DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, LEGALITY, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON- INFRINGEMENT OF THE PROVIDER TECHNOLOGIES OR ANY PROVIDER INFORMATION. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER FROM RECEIPT OR USE OF PROVIDER INFORMATION OR AS A RESULT OF THE UNAVAILABILITY OF THE PROVIDER TECHNOLOGIES OR PROVIDER INFORMATION OR THE ABILIITY TO MAKE USE OF SAMETHIRD PARTY RIGHTS.

LIMITATION OF LIABILITY AND WARRANTIES. Provider expressly disclaims any warranty K12 warrants to Customer that the Provider Technologies are impervious to tampering. Customer acknowledge understands Software, Products and agrees that the Provider Technologies do not prevent offenders from committing harmful, tortious, or illegal acts other materials as and that Provider expressly disclaims any liability for any harmful, tortious, or illegal acts committed by such offenders. In no event does Provider assume or bear any responsibility or liability for acts that may be committed by third parties or persons subject to or using the Provider Technologies or Provider Information. Provider shall have no liability when delivered to Customer by K12 and when properly used for the purpose and in the manner authorized by this Agreement, will perform as described in the Documentation in all material respects. This warranty shall terminate one hundred and eighty (or to any person to whom Customer may have provided Provider Information180) for any loss or injury arising out of or in connection with days after the Provider Technologies or Customer’s use thereofEffective Operations Date. IfEXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, notwithstanding the foregoingK12 MAKES NO OTHER WARRANTIES, liability can be imposed on Provider, Customer agrees that Provider's aggregate liability for any and all losses or injuries arising out of any act or omission of Provider in connection with the Provider Technologies, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00. Customer covenants and promises that it will not seek to recover from Provider an amount greater than such sum even if Customer was advised of the possibility of such damages. PROVIDER DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS EXPRESSED OR IMPLIED, WITH RESPECT TO INCLUDING WITHOUT LIMITATION, THE PROVIDER TECHNOLOGIES. PROVIDER DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, LEGALITY, MERCHANTABILITY, OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PROVIDER TECHNOLOGIES OR ANY PROVIDER INFORMATIONPURPOSE. IN NO EVENT SHALL PROVIDER K12, OR ITS EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTALSPECIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER ALLEGED AS BREACH OF CONTRACT, TORTUOUS CONDUCT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, INCOME OR PROFIT OR LOSSES SUSTAINED AS DAMAGES TO PROPERTY OR LOSSES OR DAMAGES RESULTING FROM K12'S FAILURE TO DELIVER OR DELAY IN DELIVERING ANY ITEM UNDER THIS AGREEMENT OR LOSS OF DATA OR INFORMATION OF ANY KIND WHICH CUSTOMER MAY EXPERIENCE, EVEN IF K12 KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT SHALL K12lS LIABILITY FOR DAMAGES WITH RESPECT TO ANY ITEM LICENSED OR SOLD, OR CONSEQUENTIAL DAMAGESANY SERVICE PERFORMED HEREUNDER, HOWEVER ARISING, INCURRED EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER FROM RECEIPT OR USE OF PROVIDER INFORMATION OR AS A RESULT OF THE UNAVAILABILITY OF THE PROVIDER TECHNOLOGIES OR PROVIDER INFORMATION OR THE ABILIITY TO MAKE USE OF SAMEUNDER THIS AGREEMENT FOR SUCH ITEM. Warranty coverage shall not extend to circumstances in which product failure is the result of hardware / software failure (whether server or workstation related). Warranty coverage is specifically excluded when failure is due to malicious action on the part of Customer or any 3rd party gaining access to Customer’s servers and/or workstations – including but not limited to the introduction of malware, spyware, computer viruses, or other compromising of operating system, applications, or system data. K12 may direct Customer to third parties having products or services that may be of interest to Customer for use in conjunction with the Products. Notwithstanding any K12 recommendation, referral or introduction, Customer will independently investigate and test third-party products and services and will have sole responsibility for determining suitability for use of third-party products and services. K12 has no liability with respect to claims relating to or arising from use of third-party products and services.

LIMITATION OF LIABILITY AND WARRANTIES. Provider expressly disclaims CUSTOMER/SUBSCRIBER UNDERSTANDS AND AGREES THAT WAFS MUST LIMIT ITS LIABILITY UNDER THIS AGREEMENT IN ORDER TO KEEP ITS PRICING REASONABLY AFFORDABLE. ACCORDINGLY, UNDER NO CIRCUMSTANCES SHALL WAFS’ LIABILITY FOR ANY CLAIM, CAUSE OF ACTION, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR BODILY INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, PROPERTY LOSS AND/OR ATTORNEY’S FEES) ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE TOTAL SUM OF FIFTY THOUSAND DOLLARS ($50,000.00). THE CUSTOMER/SUBSCRIBER UNDERSTANDS AND AGREES THAT WAFS HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND OR TYPE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. THE CUSTOMER/SUBSCRIBER FURTHER UNDERSTANDS AND AGREES THAT WAFS MAKES NO EXPRESS WARRANTIES AS TO THE SERVICES RENDERED OR EQUIPMENT LEASED AND THAT NO REPRESENTATIVE OF WAFS HAS ANY AUTHORITY TO MAKE ANY WARRANTIES OR OTHERWISE VARY THE TERMS OF THIS AGREEMENT. WORK OF OTHERS AND EXISTING FIRE PROTECTION SYSTEM: WAFS makes no warranty as to the quality of work performed by others or the functionality and design of the originally installed fire protection/security system(s) that are subject to this Agreement. WAFS assumes existing system is in good working condition and has been maintained by the Customer/Subscriber per applicable codes and standards. WAFS makes no warranties, express or implied, regarding the adequacy, performance or condition of any warranty fire protection or notification equipment. WAFS cannot and does not guarantee that the Provider Technologies are impervious to tamperingloss or damage will not occur. Customer acknowledge understands and agrees that the Provider Technologies do WAIVER OF SUBROGATION: WAFS is not prevent offenders from committing harmful, tortious, an insurer against loss or illegal acts and that Provider expressly disclaims any liability for any harmful, tortious, or illegal acts committed by such offenders. In no event does Provider assume or bear any responsibility or liability for acts damage that may be committed suffered by third parties Customer/Subscriber. Sufficient property and bodily injury insurance shall be obtained by and is the sole responsibility of Customer/Subscriber. Customer/Subscriber agrees to rely exclusively on Customer/Subscriber’s insurer to recover for bodily injuries or persons subject to or using property damage in the Provider Technologies or Provider Information. Provider shall have no liability to Customer (or to any person to whom Customer may have provided Provider Information) for event of any loss or injury to the premises or property therein. Customer/Subscriber does hereby, for itself and all others claiming by or through it under this Agreement, release and discharge WAFS from and against all damages, costs or expenses covered by Customer/Subscriber’s insurance, it being expressly agreed and understood that no insurance company, insurer, surety or other entity/individual will have any right of subrogation against WAFS or any employee, agent, officer, director, shareholder, affiliate or independent contractor of WAFS. SEVERABILITY: If any provisions of the entire Agreement shall be invalid or unenforceable under the laws of the jurisdiction applicable to the Agreement, such invalidity or unenforceable provision(s) shall be severed from the Agreement and the Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of WAFS and the Customer/Subscriber shall be construed and enforced accordingly. NO WARRANTIES OR REPRESENTATIONS: CUSTOMER/SUBSCRIBER'S EXCLUSIVE REMEDY: WAFS does not represent nor warrant that the MONITORING SYSTEM will prevent any loss, damage or injury to person or property, by reason of burglary, theft, hold-up, fire or other cause, or that the MONITORING SYSTEM will in all cases provide the protection for which it is installed or intended. HOLD HARMLESS: If any third party files any claim or legal action against Alarm Co., WAFS or any other person or entity authorized to act on Alarm Co.’s behalf, arising out of from the alarm or in connection with the Provider Technologies monitoring services or Customer/Subscriber’s use thereofalarm system, Customer/Subscriber agrees to defend, indemnify and hold Alarm Co. and WAFS completely harmless from any such actions, including all damages, expenses, costs, and attorneys’ fees they may incur. IfThis defense and indemnification shall apply even if such actions arise from the negligence of Alarm Co. or WAFS’s, notwithstanding the foregoingbreach of this contract, strict liability, non-compliance with any applicable law or regulation, or other fault, subject to our limited liability can be imposed on Provider, Customer agrees that Provider's aggregate liability for any and all losses or injuries arising out of any act or omission of Provider in connection with the Provider Technologies, regardless set forth above. INSTALLATION AND SCHEDULE OF INSTALLATION: Installation of the cause WIRELESS/ LOW POWER RADIO SYSTEM does not constitute an improvement to real property. WIRELESS/ LOW POWER RADIO ALARM MONITORING SYSTEM to be installed pursuant to plans and specifications filed by WAFS, filed with and approved by Authority Having Jurisdiction [AHJ]. Customer/Subscriber authorizes WAFS to access the control panel to input or delete data and programming. ALTERATION OF PREMISES FOR INSTALLATION: WAFS is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in WAFS’s sole discretion for the installation and service of the loss or injury, and regardless MONITORING SYSTEM. WAFS shall not be responsible for the condition of the nature premises upon removal of the legal or equitable right claimed to have been violated, shall never exceed $100.00. Customer covenants and promises that it will not seek to recover from Provider an amount greater than such sum even if Customer was advised of the possibility of such damages. PROVIDER DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROVIDER TECHNOLOGIES. PROVIDER DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, LEGALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROVIDER TECHNOLOGIES OR ANY PROVIDER INFORMATION. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER FROM RECEIPT OR USE OF PROVIDER INFORMATION OR AS A RESULT OF THE UNAVAILABILITY OF THE PROVIDER TECHNOLOGIES OR PROVIDER INFORMATION OR THE ABILIITY TO MAKE USE OF SAMEMONITORING SYSTEM.

LIMITATION OF LIABILITY AND WARRANTIES. Provider expressly disclaims any warranty that the Provider Technologies are impervious to tampering. Customer acknowledge understands and agrees that the Provider Technologies do not prevent offenders from committing harmful, tortious, or illegal acts and that Provider expressly disclaims any liability for any harmful, tortious, or illegal acts committed by such offenders. In no event does Provider assume or bear any responsibility or liability for acts that may be committed by third parties or persons subject to or using the Provider Technologies or Provider Information. Provider shall have no liability to Customer (or to any person to whom Customer may have provided Provider Information) for any loss or injury arising out of or in connection with the Provider Technologies or Customer’s use thereof. If, notwithstanding the foregoing, liability can be imposed on Provider, Customer agrees that Provider's aggregate liability for any and all losses or injuries arising out of any act or omission of Provider in connection with the Provider Technologies, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00. Customer covenants and promises that it will not seek to recover from Provider an amount greater than such sum even if Customer was advised of the possibility of such damages. PROVIDER DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROVIDER TECHNOLOGIES. PROVIDER DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, LEGALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROVIDER TECHNOLOGIES OR ANY PROVIDER INFORMATION. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER FROM RECEIPT OR USE OF PROVIDER INFORMATION OR AS A RESULT OF THE UNAVAILABILITY OF THE PROVIDER TECHNOLOGIES OR PROVIDER INFORMATION OR THE ABILIITY TO MAKE USE OF SAME.

LIMITATION OF LIABILITY AND WARRANTIES. Provider expressly disclaims 16.1 Except as otherwise provided herein, each Party shall be responsible for any warranty that actual physical damages it directly and solely causes in the Provider Technologies are impervious course of its performance under this Agreement, limited to tampering. Customer acknowledge understands and agrees that the Provider Technologies do not prevent offenders damages resulting from committing harmfulpersonal injuries, tortiousdeath, or illegal property damage arising from negligent acts and or omissions; provided however, that Provider expressly disclaims any liability neither party shall be liable for any harmfulincidental, tortiousconsequential, indirect, special, or illegal acts committed by such offenders. In no event does Provider assume or bear punitive damages of any responsibility or liability for acts that may be committed by third parties or persons subject to or using the Provider Technologies or Provider Information. Provider shall have no liability to Customer (or kind, including but not limited to any person loss of use, loss of business or loss of profit. Remedies under this Agreement are exclusive and limited to whom Customer may have provided Provider Informationthose expressly described in this Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR ANY SERVICE ORDER OR ANY OTHER DOCUMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW PROVIDER’S LIABILITY TO CUSTOMER RELATING TO OR ARISING FROM THIS AGREEMENT SHALL NOT EXCEED IN TOTAL THE AMOUNT PROVIDER HAS BEEN PAID, FOR THE IMPACTED SERVICE, BY CUSTOMER FOR THE TWELVE (12) for any loss or injury arising out of or in connection with the Provider Technologies or Customer’s use thereofMONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM OR EVENT(S) GIVING RISE TO SUCH LIABILITY REGARDLESS OF WHETHER BASED ON BREACH OF CONTRACT, STATUTORY VIOLATION(S), BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE), OR ANY OTHER BASIS IN LAW OR EQUITY. IfEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, notwithstanding the foregoingPROVIDER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, liability can be imposed on ProviderEXPRESS AND IMPLIED, Customer agrees that Provider's aggregate liability for any and all losses or injuries arising out of any act or omission of Provider in connection with the Provider Technologies, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00. Customer covenants and promises that it will not seek to recover from Provider an amount greater than such sum even if Customer was advised of the possibility of such damagesAS TO ANY SERVICE AND EQUIPMENT PROVIDED HEREUNDER. PROVIDER DOES NOT MAKE AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROVIDER TECHNOLOGIES. PROVIDER DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, LEGALITY, AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT OF THE PROVIDER TECHNOLOGIES OR ANY PROVIDER INFORMATION. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER FROM RECEIPT OR USE OF PROVIDER INFORMATION OR AS A RESULT OF THE UNAVAILABILITY OF THE PROVIDER TECHNOLOGIES OR PROVIDER INFORMATION OR THE ABILIITY TO MAKE USE OF SAMETHIRD PARTY RIGHTS.