Common use of Limitation of Liability/Exclusion of Warranties Clause in Contracts

Limitation of Liability/Exclusion of Warranties. IN NO EVENT SHALL ONEKEY MLS BE LIABLE TO FIRM OR SALESPERSON PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (EVEN IF ONEKEY MLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR LOST PROFITS ARISING FROM THIS AGREEMENT OR ANY BREACH OF IT. IN NO EVENT SHALL ONEKEY MLS BE LIABLE TO FIRM OR SALESPERSON PARTY FOR ANY AMOUNT IN EXCESS OF THE GREATER OF (A) THE FEES FIRM, SALESPERSON PARTY AND CONSULTANT HAVE PAID ONEKEY MLS, IF ANY, IN THE YEAR IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM FOR DAMAGES; OR (B) $100. FIRM AND SALESPERSON PARTY ACKNOWLEDGE THAT ONEKEY MLS PROVIDES ONEKEY MLS DATA ON AN “AS-IS,” “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTY OF TITLE, NON- INFRINGEMENT, AND ACCURACY. ONEKEY MLS SHALL NOT BE LIABLE TO FIRM OR SALESPERSON PARTY FOR ANY CLAIM ARISING FROM INACCURACIES IN ONEKEY MLS DATA, ANY FAILURE TO UPDATE ONEKEY MLS DATA PROMPTLY, OR ONEKEY MLS DATA’S INADEQUACY FOR ANY PARTICULAR USE, WHETHER PERSONAL OR COMMERCIAL. ONEKEY MLS makes no warranty, including those regarding title, availability, or non- infringement, regarding trademarks licensed under this Agreement, if any.

Limitation of Liability/Exclusion of Warranties. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FSB WILL ONLY BE RESPONSIBLE FOR PROVIDING THE DIGITAL SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO GUARANTEE THAT ACCESS TO THE DIGITAL SERVICES WILL BE AVAILABLE AT ALL TIMES AND WILL NOT BE LIABLE IF YOU ARE UNABLE TO USE DIGITAL SERVICES. THE DIGITAL SERVICES ARE PROVIDED “AS IS.” YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER, TABLET OR SMARTPHONE. NEITHER FSB NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE. THE FOREGOING SHALL CONSTITUTE FSB AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL ONEKEY MLS FSB OR ITS SERVICE PROVIDERS BE LIABLE TO FIRM OR SALESPERSON PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIALOR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR PUNITIVE DAMAGES ATTORNEYS FEES (EVEN IF ONEKEY MLS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF SUCH DAMAGES)THE INSTALLATION, USE, OR LOST PROFITS ARISING FROM THIS AGREEMENT OR ANY BREACH OF IT. IN NO EVENT SHALL ONEKEY MLS BE LIABLE TO FIRM OR SALESPERSON PARTY FOR ANY AMOUNT IN EXCESS MAINTENANCE OF THE GREATER EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF (A) THE FEES FIRM, SALESPERSON PARTY AND CONSULTANT HAVE PAID ONEKEY MLS, IF ANY, IN THE YEAR IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM FOR DAMAGES; OR (B) $100. FIRM AND SALESPERSON PARTY ACKNOWLEDGE THAT ONEKEY MLS PROVIDES ONEKEY MLS DATA ON AN “AS-IS,” “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTY OF TITLE, NON- INFRINGEMENT, AND ACCURACY. ONEKEY MLS SHALL NOT BE LIABLE TO FIRM OR SALESPERSON PARTY FOR ANY CLAIM ARISING FROM INACCURACIES IN ONEKEY MLS DATA, ANY FAILURE TO UPDATE ONEKEY MLS DATA PROMPTLY, OR ONEKEY MLS DATA’S INADEQUACY FOR ANY PARTICULAR USE, WHETHER PERSONAL OR COMMERCIAL. ONEKEY MLS makes no warranty, including those regarding title, availability, or non- infringement, regarding trademarks licensed under this Agreement, if anySERVICE.

Limitation of Liability/Exclusion of Warranties. IN NO EVENT SHALL ONEKEY MLS BE LIABLE TO FIRM OR SALESPERSON PARTY FOR ANY INDIRECTUnder no circumstances shall DST be liable for any damages whatsoever, INCIDENTALwhether direct, CONSEQUENTIALindirect, SPECIALincidental, OR PUNITIVE DAMAGES consequential, special or exemplary (EVEN IF ONEKEY MLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESeven if DST has been advised of, or has foreseen the possibility of such damages), OR LOST PROFITS ARISING FROM THIS AGREEMENT OR arising from the access, use, or inability to access or use any DST CUSTOMER CENTER and the information on any DST CUSTOMER CENTER, including, without limitation, claims for defamation or loss of revenue or anticipated profits or lost business. THE DST CUSTOMER CENTER(S) ARE PROVIDED AS IS. DST DOES NOT MAKE, AND DST HEREBY SPECIFICALLY DISCLAIMS, ANY BREACH OF IT. IN NO EVENT SHALL ONEKEY MLS BE LIABLE TO FIRM OR SALESPERSON PARTY FOR ANY AMOUNT IN EXCESS OF THE GREATER OF (A) THE FEES FIRMAND ALL REPRESENTATIONS AND WARRANTIES, SALESPERSON PARTY AND CONSULTANT HAVE PAID ONEKEY MLS, IF ANY, IN THE YEAR IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM FOR DAMAGES; OR (B) $100. FIRM AND SALESPERSON PARTY ACKNOWLEDGE THAT ONEKEY MLS PROVIDES ONEKEY MLS DATA ON AN “AS-IS,” “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE DST CUSTOMER CENTER(S), INCLUDING ANY IMPLIED WARRANTY OF TITLEMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NO MATERIAL POSTED TO THE DST CUSTOMER CENTER(S) SHALL CONSTITUTE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO DST OR ANY OTHER PRODUCT OR SERVICE OF DST OR ITS AFFILIATES, NON- INFRINGEMENTNOR SHALL ANY SUCH MATERIAL MODIFY OR AMEND THE TERMS OF ANY LICENSE OR OTHER CONTRACT BETWEEN PIONEER AND DST OR ITS AFFILIATES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND ACCURACY. ONEKEY MLS SHALL NOT BE LIABLE TO FIRM DST SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING THE AVAILABILITY OF ANY DST CUSTOMER CENTER AT ANY PARTICULAR TIME OR SALESPERSON PARTY FOR ANY CLAIM ARISING FROM INACCURACIES IN ONEKEY MLS DATA, ANY FAILURE TO UPDATE ONEKEY MLS DATA PROMPTLY, OR ONEKEY MLS DATA’S INADEQUACY FOR ANY PARTICULAR USE, WHETHER PERSONAL OR COMMERCIAL. ONEKEY MLS makes no warranty, including those regarding title, availability, or non- infringement, regarding trademarks licensed under this Agreement, if anyLENGTH OF TIME.

Limitation of Liability/Exclusion of Warranties. IN NO EVENT SHALL ONEKEY MLS DATA PROVIDERS BE LIABLE TO FIRM FIRM, NON-PRINCIPAL BROKER PARTY OR SALESPERSON PARTY CONSULTANT, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF ONEKEY MLS HAS DATA PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ) OR LOST PROFITS ARISING FROM THIS AGREEMENT OR ANY BREACH OF IT. IN NO EVENT SHALL ONEKEY MLS CMLS BE LIABLE TO FIRM FIRM, ANY NON-PRINCIPAL BROKER PARTY, OR SALESPERSON PARTY CONSULTANT FOR ANY AMOUNT IN EXCESS OF THE GREATER OF (A) THE FEES FIRM, SALESPERSON PARTY FIRM AND CONSULTANT HAVE PAID ONEKEY MLSCMLS, IF ANY, IN THE YEAR IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM FOR DAMAGES; OR (B) $100. FIRM AND SALESPERSON PARTY ALL NON-PRINCIPAL BROKER PARTIES ACKNOWLEDGE THAT ONEKEY MLS PROVIDES ONEKEY MLS DATA PROVIDERS PROVIDE THE LICENSED DATA ON AN “AS-IS,” “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTY OF TITLE, NON- INFRINGEMENT, NON-INFRINGEMENT AND ACCURACY. ONEKEY MLS DATA PROVIDERS SHALL NOT BE LIABLE TO FIRM FIRM, NON- PRINCIPAL BROKER PARTY OR SALESPERSON PARTY CONSULTANT FOR ANY CLAIM ARISING FROM INACCURACIES IN ONEKEY MLS THE LICENSED DATA, ANY FAILURE TO UPDATE ONEKEY MLS THE LICENSED DATA PROMPTLY, PROMPTLY OR ONEKEY MLS THE LICENSED DATA’S INADEQUACY FOR ANY PARTICULAR USE, WHETHER PERSONAL OR COMMERCIAL. ONEKEY MLS makes no warrantyCMLS MAKES NO WARRANTY, including those regarding titleINCLUDING THOSE REGARDING TITLE, availabilityAVAILABILITY OR NON-INFRINGEMENT, or non- infringementREGARDING TRADEMARKS LICENSED UNDER THIS AGREEMENT, regarding trademarks licensed under this Agreement, if anyIF ANY.

Limitation of Liability/Exclusion of Warranties. ‌ WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FSB WILL ONLY BE RESPONSIBLE FOR PROVIDING THE DIGITAL SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO GUARANTEE THAT ACCESS TO THE DIGITAL SERVICES WILL BE AVAILABLE AT ALL TIMES AND WILL NOT BE LIABLE IF YOU ARE UNABLE TO USE DIGITAL SERVICES. THE DIGITAL SERVICES ARE PROVIDED “AS IS.” YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER, TABLET OR SMARTPHONE. NEITHER FSB NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE. THE FOREGOING SHALL CONSTITUTE FSB AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL ONEKEY MLS FSB OR ITS SERVICE PROVIDERS BE LIABLE TO FIRM OR SALESPERSON PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIALOR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR PUNITIVE DAMAGES ATTORNEYS FEES (EVEN IF ONEKEY MLS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF SUCH DAMAGES)THE INSTALLATION, USE, OR LOST PROFITS ARISING FROM THIS AGREEMENT OR ANY BREACH OF IT. IN NO EVENT SHALL ONEKEY MLS BE LIABLE TO FIRM OR SALESPERSON PARTY FOR ANY AMOUNT IN EXCESS MAINTENANCE OF THE GREATER EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF (A) THE FEES FIRM, SALESPERSON PARTY AND CONSULTANT HAVE PAID ONEKEY MLS, IF ANY, IN THE YEAR IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM FOR DAMAGES; OR (B) $100. FIRM AND SALESPERSON PARTY ACKNOWLEDGE THAT ONEKEY MLS PROVIDES ONEKEY MLS DATA ON AN “AS-IS,” “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTY OF TITLE, NON- INFRINGEMENT, AND ACCURACY. ONEKEY MLS SHALL NOT BE LIABLE TO FIRM OR SALESPERSON PARTY FOR ANY CLAIM ARISING FROM INACCURACIES IN ONEKEY MLS DATA, ANY FAILURE TO UPDATE ONEKEY MLS DATA PROMPTLY, OR ONEKEY MLS DATA’S INADEQUACY FOR ANY PARTICULAR USE, WHETHER PERSONAL OR COMMERCIAL. ONEKEY MLS makes no warranty, including those regarding title, availability, or non- infringement, regarding trademarks licensed under this Agreement, if anySERVICE.