Common use of Limitations Clause in Contracts

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH FOR ANY WARRANTY, CONDITION OR GUARANTEE THAT CANNOT BE EXCLUDED BY LAW, ALL WARRANTIES IMPLIED OR OTHERWISE NOT STATED IN THIS SECTION 97 ARE EXCLUDED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY SUCH WARRANTIES, ICIMS CONDITIONS OR GUARANTEES WHICH CANNOT LAWFULLY BE EXCLUDED, OXFORD DOES NOT MAKE MAKE, AND EXPRESSLY DISCLAIMS HEREBY DISCLAIMS, ANY WARRANTY OF ANY KINDREPRESENTATION OR WARRANTY, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYREGARDING THE ACCURACY, ARISING AT COMMON LAWADEQUACY, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENTTIMELINESS, INCLUDING THE SUBSCRIPTIONCOMPLETENESS, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA PURPOSE OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTINFRINGEMENT OF ANY KIND WITH RESPECT TO THE GOODS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE (INCLUDING ANY PURPOSE RELATING TO A CUSTOMER’S LEGAL OR REGULATORY COMPLIANCE OBLIGATIONS). WITHOUT LIMITATION OF THE FOREGOING, OXFORD EXPRESSLY DOES NOT WARRANT THAT THE GOODS WILL MEET CUSTOMER’S REQUIREMENTS OR THAT OPERATION OF THE SUBSCRIPTION GOODS WILL PERFORM WITHOUT INTERRUPTION BE UNINTERRUPTED OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER. CUSTOMER ASSUMES RESPONSIBILITY FOR THE RESULTS OBTAINED FROM CUSTOMER’S USE OF THE SUBSCRIPTIONGOODS. Customer acknowledges that Customer has not relied on any statement, DATA OR INFORMATION ACCESSIBLE THEREFROMpromise, ANY DECISION MADE USING THE SUBSCRIPTIONrepresentation, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSassurance or warranty made or given by any member of the Oxford Group or its agents which is not set out in this Agreement.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9NETGATEWAY, ICIMS DOES ITS AFFILIATES, EMPLOYEES, OFFICERS AND AGENTS SHALL NOT MAKE AND EXPRESSLY DISCLAIMS BE LIABLE TO SUBSCRIBER OR TO ANY WARRANTY OF THIRD PARTY FOR ANY KINDLOSS OR DAMAGE, WHETHER EXPRESSDIRECT OR INDIRECT, IMPLIEDRESULTING FROM DELAYS OR INTERRUPTIONS OF SERVICE DUE TO MECHANICAL ELECTRICAL OR WIRE DEFECTS OR DIFFICULTIES, STATUTORYSTORMS, ARISING AT COMMON LAWSTRIKES, WALK-OUTS, EQUIPMENT OR SYSTEMS FAILURES, OR OTHERWISE RELATED OTHER CAUSES OVER WHICH NETGATEWAY, ITS AFFILIATES, EMPLOYEES, OFFICERS, OR AGENTS AGAINST WHOM LIABILITY IS SOUGHT, HAVE NO REASONABLE CONTROL, OR FOR LOSS OR DAMAGE, DIRECT OR INDIRECT, RESULTING FROM INACCURACIES, ERRONEOUS STATEMENTS, ERRORS OF FACTS, OMISSIONS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ECOMMERCE SERVICES, OR ANY DATA PROVIDED AS A PART OF THE ECOMMERCE SERVICES PURSUANT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING EXCEPT TO THE SUBSCRIPTIONEXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF NETGATEWAY. IN ADDITION, ICIMS CONTENT AND IN NO EVENT SHALL NETGATEWAY BE LIABLE TO SUBSCRIBER OR TO ANY SERVICES PROVIDED UNDER THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES WHICH SUBSCRIBER OR SUCH THIRD PARTY MAY INCUR OR EXPERIENCE ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT OR UTILIZING THE AGREEMENT. WITHOUT WAIVING THE GENERALITY NETGATEWAY ECOMMERCE SERVICES, REGARDLESS OF WHETHER NETGATEWAY HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH DAMAGES ARE CAUSED, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY IN WHOLE OR IN PART, BY THE NEGLIGENCE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSNETGATEWAY.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9NETGATEWAY, ICIMS DOES ITS AFFILIATES, EMPLOYEES, OFFICERS AND AGENTS SHALL NOT MAKE AND EXPRESSLY DISCLAIMS BE LIABLE TO SUBSCRIBER OR TO ANY WARRANTY OF THIRD PARTY FOR ANY KINDLOSS OR DAMAGE, WHETHER EXPRESSDIRECT OR INDIRECT, IMPLIEDRESULTING FROM DELAYS OR INTERRUPTIONS OF SERVICE DUE TO MECHANICAL ELECTRICAL OR WIRE DEFECTS OR DIFFICULTIES, STATUTORYSTORMS, ARISING AT COMMON LAWSTRIKES, WALK-OUTS, EQUIPMENT OR SYSTEMS FAILURES, OR OTHERWISE RELATED OTHER CAUSES OVER WHICH NETGATEWAY, ITS AFFILIATES, EMPLOYEES, OFFICERS, OR AGENTS AGAINST WHOM LIABILITY IS SOUGHT, HAVE NO REASONABLE CONTROL, OR FOR LOSS OR DAMAGE, DIRECT OR INDIRECT, RESULTING FROM INACCURACIES, ERRONEOUS STATEMENTS, ERRORS OF FACTS, OMISSIONS, OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ECOMMERCE SERVICES, OR ANY DATA PROVIDED AS A PART OF THE ECOMMERCE SERVICES PURSUANT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING EXCEPT TO THE SUBSCRIPTIONEXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFULL MISCONDUCT OF NETGATEWAY. IN ADDITION, ICIMS CONTENT AND IN NO EVENT SHALL NETGATEWAY BE LIABLE TO SUBSCRIBER OR TO ANY SERVICES PROVIDED UNDER THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES WHICH SUBSCRIBER OR SUCH THIRD PARTY MAY INCUR OR EXPERIENCE ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT OR UTILIZING THE AGREEMENT. WITHOUT WAIVING THE GENERALITY NETGATEWAY ECOMMERCE SERVICES, REGARDLESS OF WHETHER NETGATEWAY HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH DAMAGES ARE CAUSED, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY IN WHOLE OR IN PART, BY THE NEGLIGENCE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSNETGATEWAY.

Limitations. EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS SECTION 9AGREEMENT, ICIMS DOES NOT ▇▇▇▇▇▇▇▇▇ AND TUFTS MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND CONCERNING THE PATENT RIGHTS, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYNONINFRINGEMENT, DATA VALIDITY OF PATENT RIGHTS CLAIMS, WHETHER ISSUED OR SYSTEM INTEGRITYPENDING, AVAILABILITYAND THE ABSENCE OF LATENT OR OTHER DEFECTS, TIMELINESSWHETHER OR NOT DISCOVERABLE. Specifically, COMPLETENESSand not to limit the foregoing, NON-INFRINGEMENT▇▇▇▇▇▇▇▇▇ and TUFTS make no warranty or representation (i) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS will not infringe any patents or other intellectual property rights of WHITEHEAD, TUFTS, or of a third party. IN NO EVENT SHALL COMPANY, WHITEHEAD, TUFTS, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION ANY OF THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA AFFILIATED ENTITIES BE LIABLE FOR INCIDENTAL OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE CONSEQUENTIAL DAMAGES OF ANY EQUIPMENT KIND, INCLUDING ECONOMIC DAMAGES OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING INJURY TO THE CONTRARY IN PROPERTY AND LOST PROFITS, ARISING OUT OF THIS AGREEMENT, ICIMS MAY MAKE CHANGES REGARDLESS OF WHETHER SUCH PERSON OR ENTITY SHALL BE ADVISED, SHALL HAVE OTHER REASON TO THE SUBSCRIPTION FROM TIME TO TIMEKNOW, OR IN FACT SHALL KNOW OF THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH POSSIBILITY OF WARRANTY OR LIABILITY OF ICIMSTHE FOREGOING.

Limitations. EXCEPT AS EXPRESSLY THE SERVICE LEVEL GOALS SET FORTH IN THIS SECTION 97.2 ("SERVICE LEVEL GOALS") SHALL APPLY ONLY TO THE SERVICES PROVIDED BY RAGINGWIRE PURSUANT TO A SLA AND DO NOT APPLY TO (1) ANY SUPPLEMENTAL EMERGENCY SERVICES, ICIMS DOES AND (2) ANY SERVICES THAT EXPRESSLY EXCLUDE THE SERVICE LEVEL GOALS (AS STATED IN THE APPLICABLE SLA). Except as stated ELSEWHERE in this Agreement to the contrary, THIS SECTION 7.2 ("SERVICE LEVEL GOALS") STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY RAGINGWIRE TO PROVIDE SERVICES AND/OR THE PROVISION OF DEFECTIVE SERVICES. 7.3 Selection of RagingWire Supplied Equipment; Manufacturer Warranty. CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS SELECTED THE RAGINGWIRE SUPPLIED EQUIPMENT BASED UPON ITS OWN REVIEW AND EVALUATION OF SUCH EQUIPMENT AND CUSTOMER HAS NOT MAKE AND EXPRESSLY IN ANY WAY RELIED UPON ANY RECOMMENDATIONS OR REPRESENTATIONS WHICH MAY HAVE BEEN MADE BY RAGINGWIRE. RAGINGWIRE DISCLAIMS ANY WARRANTY STATEMENTS MADE BY RAGINGWIRE RELATING THERETO. EXCEPT WITH RESPECT TO ANY EXPRESS WRITTEN WARRANTIES MADE IN THIS AGREEMENT BY RAGINGWIRE FOR SERVICES RELATED TO RAGINGWIRE SUPPLIED EQUIPMENT, CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER'S USE AND POSSESSION OF THE RAGINGWIRE SUPPLIED EQUIPMENT SHALL BE SUBJECT TO AND CONTROLLED BY THE TERMS OF ANY KINDMANUFACTURER'S OR, WHETHER EXPRESSIF APPROPRIATE, IMPLIEDSUPPLIER'S WARRANTY AND INDEMNITY, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED AND CUSTOMER AGREES TO LOOK SOLELY TO THE SUBJECT MATTER MANUFACTURER OR, IF APPROPRIATE, SUPPLIER (AND NOT TO RAGINGWIRE) WITH RESPECT TO ALL MECHANICAL, ELECTRICAL, SERVICE AND OTHER CLAIMS, INCLUDING, WITHOUT LIMITATION, WARRANTY AND INDEMNITY CLAIMS. THE RIGHT TO ENFORCE ALL WARRANTIES AND INDEMNITIES MADE BY SUCH MANUFACTURER OR SUPPLIER IS HEREBY, TO THE EXTENT RAGINGWIRE HAS THE RIGHT, ASSIGNED TO CUSTOMER FOR THE DURATION OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S CUSTOMER'S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTIONRAGINGWIRE SUPPLIED EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF RAGINGWIRE PROVIDES NO WARRANTY OR LIABILITY INDEMNITY FOR ANY RAGINGWIRE SUPPLIED EQUIPMENT, FOR PERSONAL INJURY, PROPERTY DAMAGES, INFRINGEMENT OF ICIMSINTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY THE EXCLUSIONS SECTION: i. EACH PARTY’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, WHETHER EXPRESSBASED ON CONTRACT, IMPLIEDINDEMNITY, STATUTORYWARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ALL LOSSES OR DAMAGES ARISING AT COMMON LAWOUT OF, CONNECTED WITH, OR OTHERWISE RELATED TO RESULTING FROM THIS AGREEMENT OR FROM THE SUBJECT MATTER PERFORMANCE OR BREACH OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND OR FROM ANY SERVICES PROVIDED COVERED BY OR FURNISHED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES WILL IN NO CASE EXCEED THE GREATER OF (1) THE AMOUNT OF FEES ACTUALLY PAID BY USER TO GHX UNDER THIS AGREEMENT DURING THE SUBSCRIPTION FROM TIME TO TIME12 MONTHS PRECEDING THE CLAIM, OR (2) EUR 50,000 PER CLAIM AND EUR 200,000 IN THE CORRESPONDING DOCUMENTATIONAGGREGATE. ii. NEITHER PARTY WILL BE LIABLE FOR ANY LOSS OF BUSINESS, USE OR DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH NOTWITHSTANDING ANY FAILURE OF WARRANTY ESSENTIAL PURPOSE OR OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF ICIMSTHIRD PARTY CLAIMS AGAINST USER OR GHX. NEITHER PARTY WILL APPLY FOR, SEEK OR OTHERWISE REQUEST FROM ANY COURT, RELIEF OR REMEDY IN THE FORM OF EXEMPLARY OR PUNITIVE DAMAGES.

Limitations. EXCEPT AS EXPRESSLY SET FORTH FOR ANY WARRANTY, CONDITION OR GUARANTEE THAT CANNOT BE EXCLUDED BY LAW, ALL WARRANTIES IMPLIED OR OTHERWISE NOT STATED IN THIS SECTION 97 ARE EXCLUDED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY SUCH WARRANTIES, ICIMS CONDITIONS OR GUARANTEES WHICH CANNOT LAWFULLY BE EXCLUDED, OXFORD DOES NOT MAKE MAKE, AND EXPRESSLY DISCLAIMS HEREBY DISCLAIMS, ANY WARRANTY OF ANY KINDREPRESENTATION OR WARRANTY, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYREGARDING THE ACCURACY, ARISING AT COMMON LAWADEQUACY, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENTTIMELINESS, INCLUDING THE SUBSCRIPTIONCOMPLETENESS, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA PURPOSE OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTINFRINGEMENT OF ANY KIND WITH RESPECT TO THE GOODS OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE (INCLUDING ANY PURPOSE RELATING TO A CUSTOMER’S LEGAL OR REGULATORY COMPLIANCE OBLIGATIONS). WITHOUT LIMITATION OF THE FOREGOING, OXFORD EXPRESSLY DOES NOT WARRANT THAT THE GOODS OR SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT OPERATION OF THE SUBSCRIPTION GOODS OR SOFTWARE WILL PERFORM WITHOUT INTERRUPTION BE UNINTERRUPTED OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER. CUSTOMER ASSUMES RESPONSIBILITY FOR THE RESULTS OBTAINED FROM CUSTOMER’S USE OF THE SUBSCRIPTIONGOODS AND SOFTWARE. Customer acknowledges that Customer has not relied on any statement, DATA OR INFORMATION ACCESSIBLE THEREFROMpromise, ANY DECISION MADE USING THE SUBSCRIPTIONrepresentation, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSassurance or warranty made or given by any member of the Oxford Group or its agents which is not set out in this Agreement.

Limitations. (i) EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 97.2, ICIMS DOES NOT MAKE THE COMPOUNDS AND EXPRESSLY DISCLAIMS ANY WARRANTY PURCHASED ASSETS ARE PROVIDED “AS IS,” AND [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF ANY KINDTHE SECURITIES ACT OF 1933, AS AMENDED. GSK MAKES NO REPRESENTATIONS OR WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, STATUTORY OR OTHERWISE RELATED OTHERWISE) WITH RESPECT TO THE SUBJECT MATTER COMPOUNDS OR PURCHASED ASSETS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTINCLUDING USE IN CLINICAL TRIALS, OR FREEDOM FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. JAZZ PHARMACEUTICALS ACKNOWLEDGES THAT ALL CHARACTERISTICS OF THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, COMPOUNDS ARE NOT FULLY UNDERSTOOD AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA THEREOF MAY INVOLVE RISKS OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, DANGERS THAT ARE NOT KNOWN OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. FULLY APPRECIATED. (ii) NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSE IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES JAZZ PHARMACEUTICALS WILL BE RESPONSIBLE FOR (AND GSK WILL HAVE NO RESPONSIBILITY FOR) ALL LIABILITIES ARISING SOLELY FROM ACTS OR OMISSIONS TO ACT BY JAZZ PHARMACEUTICALS, ITS AFFILIATES OR SUBLICENSEES AFTER THE TIME OF CLOSING RELATED TO THE SUBSCRIPTION FROM TIME TO TIME, PURCHASED ASSETS OR THE CORRESPONDING DOCUMENTATIONUSE BY JAZZ PHARMACEUTICALS, ITS AFFILIATES OR SUBLICENSEES OF THE PURCHASED ASSETS TO IDENTIFY, RESEARCH, DEVELOP, MANUFACTURE, MARKET, PROMOTE, DISTRIBUTE, SELL OR IMPORT ANY PRODUCTS, EXCEPT WHERE SUCH LIABILITY, LOSS, DAMAGE, COST AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO EXPENSE HAS BEEN INCURRED OR SUFFERED AS A RESULT OF A MATERIAL BREACH OF WARRANTY GSK’S REPRESENTATIONS, WARRANTIES OR LIABILITY OBLIGATIONS UNDER THIS AGREEMENT OR BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF ICIMSGSK.

Limitations. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN OR IN THIS SECTION 9AN ORDER FORM, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY RICOH MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYWITH RESPECT TO ANY SERVICES, ARISING AT COMMON LAW, EQUIPMENT OR OTHERWISE RELATED TO THE SUBJECT MATTER OF GOODS PROVIDED UNDER THIS AGREEMENT, INCLUDING THE SUBSCRIPTIONINCLUDING, ICIMS CONTENT AND WITHOUT LIMITATION, ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTIES ARE CREATED BY ANY COURSE OF DEALING BETWEEN THE PARTIES, ACCURACYCOURSE OF PERFORMANCE, DATA TRADE USAGE OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NONINDUSTRY CUSTOM. RICOH ASSUMES NO OBLIGATION TO PROVIDE OR INSTALL ANY ANTI-INFRINGEMENT, VIRUS OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREESIMILAR SOFTWARE, AND THE SCOPE OF SERVICES CONTEMPLATED HEREBY DOES NOT INCLUDE ANY WARRANTY REGARDING SUBSCRIBER’S USE OF SUCH SERVICES. Ricoh shall be excused from any delay or failure in performance of the Services under this Agreement for any period if such delay or failure is caused by any event of force majeure or other similar factors beyond its reasonable control. THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE AMOUNT OF ANY EQUIPMENT LIABILITY OF RICOH TO CUSTOMER OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING ANY THIRD PARTY, FOR ONE OR MORE CLAIMS ARISING FROM OR RELATING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT PAID TO RICOH FOR THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE SUBSCRIPTION FROM TIME TO TIMEOTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH POSSIBILITY OF WARRANTY OR LIABILITY OF ICIMSSUCH DAMAGES.

Limitations. 7.1 EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 94, ICIMS DOES NOT MAKE NEITHER PARTY MAKES, AND EXPRESSLY DISCLAIMS EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, MERCHANTABILITY OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND EXCEPT AS OTHERWISE STATED HEREIN OR IN A PURCHASE ORDER, ACCURACYEACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY MAKES NO WARRANTY THAT THE SERVICES, DATA THE SAAS OR SYSTEM INTEGRITYANY PRE-EXISTING TDS INTELLECTUAL PROPERTY WILL BE ACCESSIBLE WITHOUT INTERRUPTION. 7.2 (A) THE LIABILITY OF TDS AND ORDERING ACTIVITY’S SOLE AND EXCLUSIVE REMEDY FOR LOSSES ON ACCOUNT OF ALL ACTIONS AND CLAIMS OF ANY KIND WHATSOEVER UNDER THIS AGREEMENT, AVAILABILITYWHETHER ARISING IN TORT OR CONTRACT OR OTHERWISE, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTWILL NOT BE GREATER THAN THE PAYMENTS ORDERING ACTIVITY PAID TDS UNDER THIS AGREEMENT. (B) UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR LOST PROFITS, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR ERROR FREERELATING TO THIS AGREEMENT. 7.3 ORDERING ACTIVITY SHALL BE RESPONSIBLE FOR BACKING UP AND SECURING ALL DATA, FIRMWARE AND SOFTWARE STORED IN OR ON ANY WARRANTY REGARDING SUBSCRIBER’S HARDWARE POSSESSION OF WHICH ORDERING ACTIVITY GIVES TO TDS AS PART OF THE SERVICES OR THE USE OF THE SUBSCRIPTIONPRE- EXISTING TDS INTELLECTUAL PROPERTY. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THE PURCHASE ORDER WITH RESPECT TO SUCH SERVICES OR USE OF THE PRE- EXISTING TDS INTELLECTUAL PROPERTY, DATA TDS ASSUMES NO LIABILITY FOR ANY DAMAGE TO, OR INFORMATION ACCESSIBLE THEREFROMLOSS OF, ANY DECISION MADE USING THE SUBSCRIPTIONSUCH DATA, UNAUTHORIZED ACCESS FIRMWARE OR SOFTWARE. TO THE SUBSCRIPTIONEXTENT TDS IS LIABLE FOR ANY DAMAGE TO, OR SUBSCRIBER’S USE OF LOSS OF, SUCH ORDERING ACTIVITY HARDWARE FOR ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING REASON, SUCH LIABILITY WILL BE LIMITED SOLELY TO THE CONTRARY IN THIS AGREEMENTTHEN-CURRENT REPLACEMENT VALUE OF THE ORDERING ACTIVITY HARDWARE, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIMEEXCLUDING LOST DATA, OR THE CORRESPONDING DOCUMENTATION, FIRMWARE AND THOSE CHANGES SOFTWARE AND SUCH PAYMENT SHALL NOT BE DEEMED LIMITED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSTHE LIMITATION SET FORTH IN SECTION 7.2(A). 7.4 The parties acknowledge that TDS has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9XV.1 Limitation of Remedies, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY Liability and Damages . THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY KIND, INCLUDING WITH RESPECT TO ANY UNIT, PRODUCT OR SERVICE PROVIDED BY EITHER PARTY HEREUNDER, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED EXCEPT TO THE EXTENT EXPRESSLY SET FORTH HEREIN. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE, PROVIDED THAT THE FOREGOING EXCLUSION SHALL NOT PRECLUDE RECOVERY BY A PARTY OF THE TERMINATION PAYMENT OR ANY LIQUIDATED DAMAGES EXPRESSLY HEREIN PROVIDED, NOR SHALL IT BE CONSTRUED TO LIMIT RECOVERY BY AN INDEMNITEE UNDER ANY INDEMNITY PROVISION IN RESPECT OF A THIRD PARTY CLAIM. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 10.2 (INDEMNITIES), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER EXPRESSSUCH NEGLIGENCE BE SOLE, IMPLIEDJOINT OR CONCURRENT, STATUTORYOR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, ARISING AT COMMON LAWINCLUDING FORFEITURES OF DEPOSITS, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE RELATED TO OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA HARM OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSLOSS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 924.1Limitation of Remedies, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY Liability and Damages. THERE IS NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, MERCHANTABILITY OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREEPURPOSE WITH RESPECT TO ANY PRODUCT, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURE OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTIONESSENTIAL PURPOSES HEREOF. NOTWITHSTANDING ANYTHING TO THE CONTRARY UNLESS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY (OTHER THAN INJUNCTIVE RELIEF AS PROVIDED IN THIS AGREEMENT) ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES TO BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY (OTHER THAN INJUNCTIVE RELIEF AS PROVIDED IN THIS AGREEMENT) ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, WHATSOEVER UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION, BY STATUTE, IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE, (PROVIDED THAT THE FOREGOING EXCLUSION SHALL NOT PRECLUDE RECOVERY BY A PARTY OF THE TERMINATION PAYMENT OR ANY LIQUIDATED DAMAGES EXPRESSLY HEREIN PROVIDED, NOR SHALL IT BE CONSTRUED TO LIMIT RECOVERY BY AN INDEMNITEE UNDER ANY INDEMNITY PROVISION IN RESPECT OF A THIRD PARTY CLAIM), RESULTING FROM A PARTY’S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER OR TERMINATION OF THIS AGREEMENT. THE PARTIES INTEND THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE SUBSCRIPTION FROM TIME TO TIMECAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE CORRESPONDING DOCUMENTATIONEXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THOSE CHANGES SHALL NOT BE DEEMED THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. NOTHING IN THIS SECTION PREVENTS OR IS INTENDED TO GIVE RISE TO BREACH OF WARRANTY PREVENT BUYER FROM PROCEEDING AGAINST OR LIABILITY OF ICIMSEXERCISING ITS RIGHTS UNDER THE SECURITY DOCUMENTS.

Limitations. 13.1 BOTH PARTIES EXPRESSLY AGREE THAT EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9WITH RESPECT TO CLAIMS ARISING OUT OF FRAUD, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY INTENTIONAL MISCONDUCT AND/OR FAILURE TO COMPLY WITH OBLIGATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED CONFIDENTIALITY PURSUANT TO THE SUBJECT MATTER PARAGRAPH 3 OF THIS AGREEMENT, INCLUDING NEITHER PARTY SHALL BE LIABLE OR RESPONSIBLE TO THE SUBSCRIPTIONOTHER PARTY FOR ANY INCIDENTAL, ICIMS CONTENT INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY DAMAGES RESULTING FROM LOSS OR USE OR LOSS OF CORRPUTED DATA OR SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED, KNEW OF OR SHOULD HAVE KNOWN OF THE FOREGOINGPOSSIBILITY THEREOF. EXCEPT WITH RESPECT TO CLAIMS ARISING OUT OF FRAUD, ICIMS DOES NOT MAKE INTENTIONAL MISCONDUCT AND/OR FAILURE TO COMPLY WITH OBLIGATIONS OF ** CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION BE FILED SEPARATELY WITH THE SUBSCRIPTIONSECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST. NOTWITHSTANDING ANYTHING CONFIDENTIALITY PURSUANT TO THE CONTRARY IN PARAGRAPH 3 OF THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES PHARMAFORM SHALL NOT BE DEEMED LIABLE TO GIVE RISE TO BREACH AUXILIUM FOR ANY AMOUNT GREATER THAN THE AGGREGATE OF WARRANTY OR LIABILITY OF ICIMSALL PAYMENTS RECEIVED BY PHARMAFORM FROM AUXILIUM UNDER THIS AGREEMENT. 13.2 PharmaForm agrees to use its best efforts to accomplish the agreed goals with AUXILIUM, but nothing herein shall bind PharmaForm to any guarantees of success at any development stage and absent a showing of gross negligence or willful misconduct, PharmaForm shall have no liability under this Agreement or otherwise for any failure to achieve the goals set forth in the Project Plan.

Limitations. EXCEPT AS EXPRESSLY SET FORTH STATED IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTIONPRODUCTS ARE PROVIDED AND LICENSED " AS IS". THERE ARE NO WARRANTIES, ICIMS CONTENT AND ANY REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, REGARDING THE PRODUCTS OR SERVICES PROVIDED UNDER THE AGREEMENTPROVIDED. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY SYNERCARD DISCLAIMS ANY WARRANTY WARRANTIES OR CONDITIONS OF MERCHANT ABLE QUALITY, MERCHANTABILITY, AND DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATIONS OF FACT, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY INCLUDING STATEMENTS REGARDING SUBSCRIBER’S USE PERFORMANCE OF THE SUBSCRIPTIONPRODUCTS, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING SHALL BE DEEMED TO BE A WARRANTY BY SYNERCARD. THE SUBSCRIPTION, UNAUTHORIZED ACCESS REMEDIES OF SNAPSHOT SHALL BE LIMITED TO THOSE PROVIDED HERE TO THE SUBSCRIPTIONEXCLUSION OF ALL OTHER REMEDIES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, INDIRECT OR SUBSCRIBER’S USE CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY. NO AGREEMENTS VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR LIMITATIONS WILL BE BINDING ON SYNERCARD UNLESS IN WRITING AND SIGNED BY A DULY AUTHORIZED OFFICER OF ANY EQUIPMENT SYNERCARD. SYNERCARD'S TOTAL LIABILITY FOR DAMAGES OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING INDEMNIFICATION UNDER OR RELATED TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIMEWHETHER IN CONTRACT OR IN TORT, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED EXCEED THE FEES PAID BY SNAPSHOT PURSUANT TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSTHIS AGREEMENT.

Limitations. EXCEPT FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. A PARTY’S LIABILITY HEREUNDER SHALL BE LIMITED AS EXPRESSLY SET FORTH IN THIS SECTION 9SUCH PROVISION, ICIMS DOES NOT MAKE AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY DISCLAIMS PROVIDED HEREIN OR IN A TRANSACTION, A PARTY’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS-OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY WARRANTY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY KINDPARTY, WHETHER EXPRESSSUCH NEGLIGENCE BE SOLE, IMPLIEDJOINT OR CONCURRENT, STATUTORYOR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, ARISING AT COMMON LAWTHE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE RELATED TO OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA HARM OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSLOSS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS NOTWITHSTANDING ANY TERM OR CONDITION TO THE CONTRARY, IF APPLICABLE FEDERAL, STATE, AND/OR LOCAL STATUTES AND LAWS (INCLUDING, IF AND TO THE EXTENT APPLICABLE, SECTION 92254.0031 OF THE TEXAS GOVERNMENT CODE AND SECTION 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE), ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KINDPROHIBIT OR OTHERWISE LIMIT THE INDEMNIFY, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAWHOLD HARMLESS, OR OTHERWISE RELATED TO DEFENSE TERMS HEREIN, (I) THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES DESIGN- BUILDER SHALL NOT BE DEEMED REQUIRED TO GIVE RISE INDEMNIFY, HOLD HARMLESS, OR DEFEND AN INDEMNIFIED PERSON FOR CLAIMS TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF THE OWNER OR ITS EMPLOYEES, AND/OR (II) THE DEFENSE, INDEMNITY, AND HOLD HARMLESS OBLIGATIONS IN THIS AGREEMENT SHALL BE REFORMED IF NECESSARY TO COMPLY WITH APPLICABLE LAWS. IF, HOWEVER, THERE IS A DETERMINATION THAT THE DESIGN-BUILDER IS AT FAULT, IN PART OR IN WHOLE, BY FINAL ADJUDICATION OR SETTLEMENT OF A CLAIM OR BY MUTUAL AGREEMENT BY THE PARTIES, THE DESIGN-BUILDER SHALL PAY THE INDEMNIFIED PERSON(S) ITS/THEIR DEFENSE COSTS (INCLUDING, BUT NOT LIMITED TO, ITS/THEIR REASONABLE AND NECESSARY ATTORNEYS’ FEES, CONSULTANTS’ FEES, COURT COSTS, AND EXPENSES) EQUAL TO THE DESIGN-BUILDER’S PROPORTIONATE RESPONSIBILITY FOR THE CLAIM. SUBJECT TO THE ABOVE LIMITATIONS OF THIS SUBSECTION AND APPLICABLE LAWS, THE DESIGN-BUILDER’S OBLIGATIONS UNDER THIS SECTION APPLY TO ALL LIABILITIES, EVEN IF SUCH LIABILITIES ARE ALLEGED TO HAVE BEEN CAUSED OR CONTRIBUTED TO, IN PART, BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD OR RULE, BREACH OF WARRANTY CONTRACT, OR LIABILITY OTHER LEGAL FAULT OF ICIMSANY INDEMNIFIED PERSON.

Limitations. EXCEPT AS EXPRESSLY SET FORTH FOR ANY WARRANTY, CONDITION OR GUARANTEE THAT CANNOT BE EXCLUDED BY LAW, ALL WARRANTIES IMPLIED OR OTHERWISE NOT STATED IN THIS SECTION 97 ARE EXCLUDED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY SUCH WARRANTIES, ICIMS CONDITIONS OR GUARANTEES WHICH CANNOT LAWFULLY BE EXCLUDED, OXFORD DOES NOT MAKE MAKE, AND EXPRESSLY DISCLAIMS HEREBY DISCLAIMS, ANY WARRANTY OF ANY KINDREPRESENTATION OR WARRANTY, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYREGARDING THE ACCURACY, ARISING AT COMMON LAWADEQUACY, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENTTIMELINESS, INCLUDING THE SUBSCRIPTIONCOMPLETENESS, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA PURPOSE OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTINFRINGEMENT OF ANY KIND WITH RESPECT TO THE GOODS OR THE SOFTWARE (EXCEPT WITH RESPECT TO THE SOFTWARE’S COMPLIANCE WITH THE RESPECTIVE DOCUMENTATION), INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE (EXCEPT WITH RESPECT TO THE SOFTWARE’S COMPLIANCE WITH THE RESPECTIVE DOCUMENTATION) (INCLUDING ANY PURPOSE RELATING TO A CUSTOMER’S LEGAL OR REGULATORY COMPLIANCE OBLIGATIONS). WITHOUT LIMITATION OF THE FOREGOING, OXFORD EXPRESSLY DOES NOT WARRANT THAT THE GOODS OR THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT OPERATION OF THE SUBSCRIPTION GOODS OR THE SOFTWARE WILL PERFORM WITHOUT INTERRUPTION BE UNINTERRUPTED OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER. CUSTOMER ASSUMES RESPONSIBILITY FOR THE RESULTS OBTAINED FROM CUSTOMER’S USE OF THE SUBSCRIPTIONGOODS AND THE SOFTWARE. Customer acknowledges that Customer has not relied on any statement, DATA OR INFORMATION ACCESSIBLE THEREFROMpromise, ANY DECISION MADE USING THE SUBSCRIPTIONrepresentation, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSassurance or warranty made or given by any member of the Oxford Group or its agents which is not set out in this Agreement.

Limitations. EXCEPT AS EXPRESSLY NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT, IN ADDITION TO ANY OTHER LIMITATIONS SET FORTH IN THIS SECTION 9THE AGREEMENT, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY SUBSCRIPTION SERVICES ARE PROVIDED "AS-IS", “AS- AVAILABLE”, WITHOUT WARRANTY, REPRESENTATION OR INDEMNITY OF ANY KIND, WHETHER EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY, ARISING AT COMMON LAWOR OTHERWISE, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY INCLUDING: WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT. PHILIPS MAKES NO WARRANTY OR REPRESENTATION THAT THE SUBSCRIPTOIN SERVICES: (A) WILL BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE, FAILSAFE, OR THAT FREE OF VIRUSES; (B) WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS OR OPERATE WITH CUSTOMER’S CURRENT SYSTEMS; (C) WILL COMPLY WITH ANY PARTICULAR LAW; OR (D) WILL PROVIDE COMPLETE PROTECTION TO CUSTOMER OR THE SUBSCRIPTION WILL PERFORM WITHOUT MONITORED PHILIPS PRODUCTS AGAINST ANY SECURITY THREATS OR VULNERABILITIES. CUSTOMER ACKNOWLEDGES NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE SECURE. PHILIPS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY INTERCEPTION OR INTERRUPTION OF ANY COMMUNICATIONS THROUGH THE INTERNET, NETWORKS, OR ERROR FREESYSTEMS OUTSIDE PHILIPS’ CONTROL. CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE SECURITY OF ITS NETWORKS, SERVERS, APPLICATIONS, AND ANY WARRANTY REGARDING SUBSCRIBER’S ACCESS CODES. SUBSCRIPTION SERVICES MAY BE SUBJECT TO LIMITATIONS, OUTAGES, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE SUBSCRIPTIONINTERNET AND ELECTRONIC COMMUNICATIONS. PHILIPS IS NOT RESPONSIBLE FOR ANY DELAYS, DATA OR INFORMATION ACCESSIBLE THEREFROMDELIVERY FAILURES, ANY DECISION MADE USING THE SUBSCRIPTIONLOSS OF CUSTOMER DATA, UNAUTHORIZED ACCESS TO THE SUBSCRIPTIONBUSINESS INTERRUPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION DAMAGES RESULTING FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSPROBLEMS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR RELIANCE DAMAGES RELATED TO THIS SECTION 9AGREEMENT. CONSEQUENTIAL DAMAGES INCLUDE LOST PROFITS, ICIMS DOES NOT MAKE LOST REVENUES AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KINDLOST BUSINESS OPPORTUNITIES, WHETHER EXPRESSYOU WERE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. EXCEPT FOR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IMPLIED, STATUTORY, ARISING AT COMMON LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT OR OTHERWISE RELATED TO THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS ($1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE SUBJECT MATTER EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE PARTIES HAVE NEGOTIATED THIS AGREEMENT, INCLUDING AGREEMENT WITH DUE REGARD FOR THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION BUSINESS RISK ASSOCIATED WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY ARRANGEMENTS DESCRIBED IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMS.

Limitations. FOR BREACH OR DEFAULT ARISING FROM ANY PROVISION FOR WHICH AN EXPRESS REMEDY IS PROVIDED HEREIN, SUCH REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, LIABILITY SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY, SUCH DIRECT, ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. EXCEPT AS EXPRESSLY SET FORTH MAY BE INCLUDED IN THIS SECTION 9AN EXPRESS REMEDY PROVIDED FOR HEREIN, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY WARRANTY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION DAMAGES, WHETHER BASED ON STATUTE, CONTRACT, TORT, UNDER ANY INDEMNITY OR OTHERWISE, WITHOUT REGARD TO CAUSE OR THE SUBSCRIPTIONNEGLIGENCE OF ANY PARTY, ICIMS CONTENT WHETHER SOLE, JOINT, ACTIVE OR PASSIVE, AND EACH PARTY HEREBY RELEASES THE OTHER PARTY FROM ANY SERVICES PROVIDED UNDER SUCH LIABILITY, EVEN IF DURING THE AGREEMENT. WITHOUT WAIVING TERM HEREOF IT ADVISES THE GENERALITY OTHER OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTIMPOSSIBLE TO DETERMINE, OR THAT OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE SUBSCRIPTION, DATA HARM OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING LOSS. THE SUBSCRIPTION, UNAUTHORIZED ACCESS PROVISIONS OF THIS ARTICLE 8 SHALL APPLY TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSFULLEST EXTENT PERMITTED BY LAW.

Limitations. EXCEPT AS EXPRESSLY SET FORTH STATED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, PERTAINING TO THE PRODUCTS SOLD UNDER THIS AGREEMENT. MANUFACTURER DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MANUFACTURER BE LIABLE TO DISTRIBUTOR, IT AGENTS, REPRESENTATIVES, EMPLOYEES, CUSTOMERS OR ANY OTHER THIRD PARTY, FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF REVENUE OR LOSS OF PROFIT, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE EXISTENCE, FURNISHING OR FUNCTIONING OF ANY ITEM OR SERVICES PROVIDED FOR IN THIS SECTION 9AGREEMENT OR FROM ANY OTHER CAUSE, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY INCLUDING WITHOUT LIMITATION CLAIMS BY THIRD PARTIES, EVEN IF MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MANUFACTURER'S SOLE LIABILITY OF ANY KIND, WHETHER EXPRESSON WARRANTY, IMPLIEDCONTRACT OR NEGLIGENCE GROUNDS, STATUTORYWITH RESPECT TO THE PRODUCTS FURNISHED UNDER THIS AGREEMENT SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PARTS; PROVIDED, ARISING AT COMMON LAWHOWEVER, THAT (A) MANUFACTURER'S WARRANTY SHALL NOT EXTEND TO ALTERED EQUIPMENT OR OTHERWISE RELATED CONSUMABLE PARTS AND (B) MANUFACTURER SHALL BE UNDER NO OBLIGATION TO MAKE REPAIRS OR PROVIDE REPLACEMENTS NECESSITATED IN WHOLE OR IN PART BY CATASTROPHE, FAULT OR NEGLIGENCE OF THE USER OR ANY THIRD PARTY, IMPROPER OR UNAUTHORIZED INSTALLATION OR USE OF PRODUCTS, USE OF PRODUCTS IN A MANNER FOR WHICH THEY WERE NOT DESIGNED OR INTENDED OR BY CAUSES EXTERNAL TO THE SUBJECT MATTER OF THIS AGREEMENTPRODUCT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA LIMITATION SHIPPING DAMAGE OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSPOWER FAILURE.

Limitations. EXCEPT AS EXPRESSLY SET FORTH RPS'S SOLE LIABILITY AND BIONUMERIK'S EXCLUSIVE REMEDY IN THIS SECTION 9, ICIMS THE CASE OF PRODUCT DELIVERED HEREUNDER TO BIONUMERIK THAT DOES NOT MAKE MEET PRODUCT SPECIFICATIONS SHALL BE, AT RPS'S OPTION, TO USE COMMERCIALLY REASONABLE EFFORTS TO REPLACE THE DEFECTIVE PRODUCT WITH PRODUCT THAT CONFORMS WITH THE PRODUCT SPECIFICATIONS OR TO REFUND THE FEES AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE CHARGES PAID TO RPS FOR THE SERVICES RELATED TO SUCH NON-CONFORMING PRODUCT. EXCEPT IN THE SUBJECT MATTER CASE OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT ON THE PART OF RPS, RPS'S LIABILITY FOR ANY CLAIM OF BIONUMERIK RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES AND CHARGES PAID TO AND RECEIVED BY RPS FOR THE SERVICES PERFORMED TO WHICH ANY SUCH CLAIM RELATES. IN NO EVENT SHALL EITHER RPS OR BIONUMERIK BE LIABLE TO THE OTHER FOR INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST PROFITS), PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES IN ANY WAY ASSOCIATED WITH THIS AGREEMENT, INCLUDING REGARDLESS OF THE SUBSCRIPTIONFORM OR BASIS OF ANY CLAIM OR ACTION. ALL CLAIMS CONCERNING PRODUCT DELIVERED TO BIONUMERIK HEREUNDER MUST BE MADE IN WRITING RECEIVED BY RPS WITHIN NINETY (90) DAYS AFTER THE DATE OF DELIVERY, ICIMS CONTENT FAILING WHICH CLAIM NOTICE SUCH PRODUCT SHALL BE DEEMED ACCEPTED BY BIONUMERIK "AS IS" AND ANY SERVICES PROVIDED UNDER THE AGREEMENTALL CLAIMS BY BIONUMERIK IN RELATION TO SUCH DELIVERED PRODUCT SHALL BE DEEMED WAIVED. WITHOUT WAIVING THE GENERALITY OF NOTWITHSTANDING THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT NOTHING CONTAINED IN THIS ARTICLE 4 IS INTENDED TO LIMIT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE INDEMNIFICATION OBLIGATIONS OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE PARTIES CONTAINED IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSARTICLE 9.

Limitations. EXCEPT You acknowledge that any collection and compilation of data entails the likelihood of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. Accordingly, you agree THAT THE CONFIGURATOR TOOL AND ASSOCIATED COMPUTER PROGRAMS ARE PROVIDED "AS EXPRESSLY SET FORTH IN THIS SECTION 9IS"; CORNING MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THEIR ACCURACY, ICIMS COMPLETENESS, CORRECTNESS, CURRENTNESS, OR RELIABILITY; NOR DOES NOT CORNING MAKE ANY REPRESENTATION OR WARRANTY THAT THE CONFIGURATOR TOOL AND EXPRESSLY ANY ASSOCIATED COMPUTER PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW CORNING SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, MERCHANTABILITY OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. CORNING SHALL NOT BE LIABLE ON ACCOUNT OF ANY SUCH ERRORS, ACCURACYOMISSIONS, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTDELAYS, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREELOSSES. UNDER NO CIRCUMSTANCES, AND INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CORNING BE LIABLE TO YOU FOR ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE DAMAGES OF ANY EQUIPMENT KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR SOFTWARE IN CONNECTION WITH CONSEQUENTIAL, THAT RESULT FROM THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIMEUSE OF, OR THE CORRESPONDING DOCUMENTATIONINABILITY TO USE, THE CONFIGURATOR TOOL OR THE ASSOCIATED COMPUTER PROGRAMS, EVEN IF CORNING OR A CORNING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THOSE CHANGES NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY KIND. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH APPLY REGARDLESS OF WARRANTY THE SUCCESS OR LIABILITY EFFECTIVENESS OF ICIMSOTHER REMEDIES.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY FOR BREACH OF ANY KINDPROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, EITHER SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES PROVIDED HEREIN OR ALLOWABLE DAMAGES PURSUANT TO THE APPLICABLE TARIFF, WHICHEVER IS GREATER, SHALL BE THE SOLE AND EXCLUSIVE REMEDY. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN OR OTHERWISE NOT PROVIDED FOR IN THE APPLICABLE TARIFF, A PARTY'S LIABILITY HEREUNDER SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER EXPRESSSUCH NEGLIGENCE BE SOLE, IMPLIEDJOINT OR CONCURRENT, STATUTORYOR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, ARISING AT COMMON LAWTHE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE RELATED TO OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA HARM OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSLOSS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN THIS SECTION 9AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, ICIMS DOES NOT MAKE EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE QUALITY, QUANTITY, NATURE, CLASSIFICATION, VALUE OR VOLUME OF THE RESERVES, IF ANY, OF OIL, GAS OR OTHER HYDROCARBONS IN OR UNDER THE LEASES, OR THE ENVIRONMENTAL CONDITION OF THE ASSETS. THE ITEMS OF PERSONAL PROPERTY, EQUIPMENT, IMPROVEMENTS, FIXTURES AND EXPRESSLY DISCLAIMS APPURTENANCES CONVEYED AS PART OF THE ASSETS ARE SOLD HEREUNDER "AS IS, WHERE IS", AND NO WARRANTIES OR REPRESENTATIONS WHATSOEVER OR OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF ANY KINDCONDITION, WHETHER EXPRESSQUALITY, IMPLIEDQUANTITY, STATUTORYMERCHANTABILITY, ARISING AT COMMON LAWFITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, OR FREEDOM FROM REDHIBITORY VICES OR DEFECTS, ARE GIVEN BY OR ON BEHALF OF SELLER. IT IS UNDERSTOOD AND AGREED THAT PRIOR TO CLOSING BUYER SHALL HAVE INSPECTED THE ASSETS FOR ALL PURPOSES AND HAVE FULLY SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING, BUT NOT LIMITED TO, CONDITIONS SPECIFICALLY RELATED TO THE SUBJECT MATTER PRESENCE, RELEASE, DISPOSAL OR DISCHARGE OF HAZARDOUS MATERIALS, AND THE CONDITION OF ANY WELL CASING, TUBING OR DOWNHOLE EQUIPMENT, AND THAT BUYER ACCEPTS SAME IN ITS "AS IS, WHERE IS" CONDITION. THE WARRANTIES OF SELLER CONTAINED IN THIS AGREEMENTAGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, INCLUDING THE SUBSCRIPTIONEXPRESS OR IMPLIED, ICIMS CONTENT AND BUYER HEREBY WAIVES AND SELLER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR CONDITION, ACCURACY, DATA FREEDOM FROM REDHIBITORY VICES OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTDEFECTS, OR CONFORMITY TO SAMPLES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE FACE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9NETGATEWAY, ICIMS DOES ITS AFFILIATES, EMPLOYEES, OFFICERS AND AGENTS SHALL NOT MAKE AND EXPRESSLY DISCLAIMS BE LIABLE TO SUBSCRIBER OR TO ANY WARRANTY OF THIRD PARTY FOR ANY KINDLOSS OR DAMAGE, WHETHER EXPRESSDIRECT OR INDIRECT, IMPLIEDRESULTING FROM DELAYS OR INTERRUPTIONS OF SERVICE DUE TO MECHANICAL ELECTRICAL OR WIRE DEFECTS OR DIFFICULTIES, STATUTORYSTORMS, ARISING AT COMMON LAWSTRIKES, WALK-OUTS, EQUIPMENT OR SYSTEMS FAILURES, OR OTHERWISE RELATED OTHER CAUSES OVER WHICH NETGATEWAY, ITS AFFILIATES, EMPLOYEES, OFFICERS, OR AGENTS AGAINST WHOM LIABILITY IS SOUGHT, HAVE NO REASONABLE CONTROL, OR FOR LOSS OR DAMAGE, DIRECT OR INDIRECT, RESULTING FROM INACCURACIES, ERRONEOUS STATEMENTS, ERRORS OF FACTS, OMISSIONS, OR ERRORS IN THE TRANSMISSION OR DELIVERY OF eCOMMERCE SERVICES, OR ANY DATA PROVIDED AS A PART OF THE eCOMMERCE SERVICES PURSUANT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING EXCEPT TO THE SUBSCRIPTIONEXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFULL MISCONDUCT OF NETGATEWAY. IN ADDITION, ICIMS CONTENT AND IN NO EVENT SHALL NETGATEWAY BE LIABLE TO SUBSCRIBER OR TO ANY SERVICES PROVIDED UNDER THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES WHICH SUBSCRIBER OR SUCH THIRD PARTY MAY INCUR OR EXPERIENCE ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT OR UTILIZING THE AGREEMENT. WITHOUT WAIVING THE GENERALITY NETGATEWAY eCOMMERCE SERVICES, REGARDLESS OF WHETHER NETGATEWAY HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH DAMAGES ARE CAUSED, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY IN WHOLE OR IN PART, BY THE NEGLIGENCE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSNETGATEWAY.

Limitations. (a) EXCEPT AS EXPRESSLY OTHERWISE SET FORTH HEREIN, A PARTY SHALL NOT BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EXCESS OF THE AMOUNT OF ANY INSURANCE PROCEEDS RECOVERABLE UNDER THE LIABLE PARTY’S INSURANCE POLICIES, WHICH POLICIES SHALL INCLUDE COVERAGE NOT LESS THAN THAT CONTEMPLATED IN SECTION 12.9; PROVIDED, HOWEVER, THE FOREGOING SHALL NOT APPLY TO DAMAGES OR LOSSES RELATED TO THIRD PARTY CLAIMS; BREACHES OF ARTICLES 9 OR 11; OR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, NEGLIGENT OR INTENTIONAL MISREPRESENTATION OR FRAUD. (b) FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS SECTION 9SHALL BE INTERPRETED TO LIMIT THE INDEMNIFICATION OBLIGATION OF A PARTY IN CONNECTION WITH A THIRD PARTY CLAIM EVEN IF THE RELATED DAMAGES ARE CHARACTERIZED AS BEING SPECIAL, ICIMS DOES NOT MAKE CONSEQUENTIAL, INCIDENTAL, INDIRECT OR OTHER LIKE DAMAGES OR LOSSES. (c) FOR CLARITY, THE PARTIES ACKNOWLEDGE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KINDAGREE, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED THAT NOTWITHSTANDING ANYTHING TO THE SUBJECT MATTER CONTRARY, LOST REVENUES AND PROFITS ARISING FROM A PARTY’S FAILURE TO DELIVER PRODUCT CONSISTENT WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTIONAS WELL AS ALL RELATED EXPERT FEES AND COSTS, ICIMS CONTENT ATTORNEY FEES AND COSTS AND ANY SERVICES PROVIDED UNDER OTHER COSTS EXPENDED IN THE AGREEMENT. WITHOUT WAIVING THE GENERALITY CALCULATION AND RECOVERY OF THE FOREGOINGSAME, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY SHALL BE DEEMED DIRECT DAMAGES FOR PURPOSES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9NOTWITHSTANDING ANYTHING ELSE, ICIMS DOES GENMARK SHALL NOT MAKE AND EXPRESSLY DISCLAIMS BE LIABLE WITH RESPECT TO ANY WARRANTY OF PRODUCTS, SERVICES AND/OR ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE OTHER SUBJECT MATTER OF THIS AGREEMENTAGREEMENT UNDER ANY CONTRACT, INCLUDING THE SUBSCRIPTIONNEGLIGENCE, ICIMS CONTENT AND STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES OF ANY CHARACTER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFITS OR LOST BUSINESS, EVEN IF GENMARK HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES; (II) ANY AMOUNTS IN EXCESS, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY IN THE AGGREGATE, FOR ALL CAUSES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE ACTION IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO OF THE SUBSCRIPTION FROM TIME TO TIME, FEES PAID BY CUSTOMER UNDER THIS AGREEMENT FOR THE PRODUCTS OR THE CORRESPONDING DOCUMENTATIONSERVICES THAT ARE THE SUBJECT OF ANY CLAIM HEREUNDER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE ACTION OR OMISSION GIVING RISE TO BREACH LIABILITY FOR WHICH DAMAGES ARE RECOVERED; OR (III) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OF ANY KIND. ALL OF THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PRECEDING LIMITATIONS DO NOT EXPAND IN ANY WAY THE LIMITED WARRANTY PROVIDED IN SECTION 4 AND/OR LIABILITY ANY OF ICIMSGENMARK’S OBLIGATIONS AND/OR CUSTOMER’S RIGHTS UNDER SUCH SECTION 4 (AND CUSTOMER REAFFIRMS THAT SUCH SECTION 4 SETS FORTH CUSTOMER’S EXCLUSIVE RIGHTS AND REMEDIES WITH RESPECT TO ANY PRODUCT THAT DOES NOT CONFORM TO ITS WARRANTY IN SECTION 4).

Limitations. EXCEPT AS EXPRESSLY SET FORTH 10.1 Ricoh shall be excused from any delay or failure in performance of the Services under this Agreement for any period if such delay or failure is caused by any event of force majeure or other similar factors beyond its reasonable control. 10.2 IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY NO EVENT SHALL RICOH’S LIABILITY ARISING OUT OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED, IN THE SUBSCRIPTIONAGGREGATE, ICIMS CONTENT THE AMOUNT RICOH RECEIVED FROM CUSTOMER HEREUNDER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE LIABILITY. 10.3 IN NO EVENT SHALL RICOH BE LIABLE TO THE CUSTOMER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, REVENUE OR PROFIT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND ANY SERVICES PROVIDED WHETHER OR NOT THE BREACHING PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MINIMUM LIMITS OF REQUIRED INSURANCE SET FORTH UNDER SECTION 12 OF EXHIBIT A TO THE PARTICIPATING ADDENDUM WILL IN NO EVENT LIMIT THE LIABILITY OR INDEMNIFICATION OBLIGATIONS OF RICOH UNDER THIS AGREEMENT. WITHOUT WAIVING NEITHER THE GENERALITY OF PROCUREMENT NOR THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE MAINTENANCE OF ANY EQUIPMENT TYPE OF INSURANCE BY RICOH SHALL IN ANY WAY BE CONSTRUED OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE LIMIT, DISCHARGE, WAIVE, OR RELEASE RICOH FROM ANY OF THE OBLIGATIONS AND RISKS IMPOSED UPON IT BY THIS AGREEMENT OR TO BREACH BE A LIMITATION ON THE NATURE OR EXTENT OF WARRANTY OR LIABILITY SUCH OBLIGATIONS AND RISKS. 10.4 THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE NON-BREACHING PARTY’S REMEDIES UNDER THIS AGREEMENT FAIL OF ICIMSTHEIR ESSENTIAL PURPOSE.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9, ICIMS VISIBILITY DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS VISIBILITY CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS VISIBILITY DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBERCLIENT’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBERCLIENT’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS VISIBILITY MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSVISIBILITY.

Limitations. EXCEPT AS EXPRESSLY a) IN NO EVENT SHALL Amasci Creative Limited OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORISED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. b) NEITHER Amasci Creative Limited NOR ITS SUPPLIERS SHALL HAVE LIABILITY WITH RESPECT TO Amasci Creative Limited's OBLIGATIONS UNDER THIS AGREEMENT, THE ADDENDUM OR OTHERWISE FOR LOSS, DAMAGE, OR COST WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL INCLUDING WITHOUT LIMITATION, ANY DIRECT OR INDIRECT LOSS OF PROFIT, BUSINESS OR ANTICIPATED SAVINGS CAUSED BY ANY BREACH OF Amasci Creative Limited'S OBLIGATIONS TO YOU IN CONTRACT OR IN TORT WHETHER OR NOT RESULTING FROM Amasci Creative Limited'S NEGLIGENCE.. c) IN ANY EVENT, THE LIABILITY OF Amasci Creative Limited AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO 110% OF THE AMOUNT ACTUALLY PAID TO Amasci Creative Limited BY YOU UNDER THIS AGREEMENT AND THE ADDENDUM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET FORTH BY Amasci Creative Limited HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. d) ACCORDINGLY, YOU HEREBY RELEASE Amasci Creative Limited AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMS6.1.

Limitations. EXCEPT AS EXPRESSLY THE WARRANTY SET FORTH IN THIS SECTION 9ARTICLE 7 IS APPLICABLE ONLY TO LUMINEX 100 SYSTEMS, ICIMS DOES NOT MAKE BEADS AND EXPRESSLY DISCLAIMS OTHER LUMINEX PRODUCTS, EXCLUDING RBM GENERATED INTELLECTUAL PROPERTY, (COLLECTIVELY REFERRED TO HEREIN AS, “PRODUCTS”) INITIALLY SOLD AND THEREAFTER LOCATED IN NORTH AMERICA AND THE COUNTRIES THAT COMPRISE THE EUROPEAN UNION. LUMINEX MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, MERCHANTABILITY OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYWITH RESPECT TO THE RBM GENERATED INTELLECTUAL PROPERTY, DATA WHICH IS LICENSED HEREUNDER ON AN “AS IS, WHERE IS” BASIS. FURTHERMORE, LUMINEX MAKES NO WARRANTY, EXPRESS OR SYSTEM INTEGRITYIMPLIED, AVAILABILITYWITH RESPECT TO PRODUCTS SOLD, TIMELINESSDISTRIBUTED, COMPLETENESSLOCATED OR USED OUTSIDE OF NORTH AMERICA AND THE COUNTRIES THAT COMPRISE THE EUROPEAN UNION. PRODUCTS SOLD OUTSIDE OF NORTH AMERICA AND THE COUNTRIES THAT COMPRISE THE EUROPEAN UNION ARE SOLD ONLY ON AN “AS IS, NON-INFRINGEMENT, OR WHERE IS” BASIS. TO THE EXTENT THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION FOREGOING DISCLAIMERS ARE INVALID OR ERROR FREEUNENFORCEABLE UNDER THE LAWS OF ANY JURISDICTION, THE WARRANTY, DISCLAIMER, LIMITATION OF LIABILITY AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS OTHER PROVISIONS SET FORTH BELOW SHALL THEREUPON BE EFFECTIVE TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSFULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitations. THE PRINTER AND RELATED SOFTWARE AND AIR COMPRESSOR AND CONSUMABLE BIOMATERIALS, INCLUDING ANY SOFTWARE SOLUTION OR WARRANTY REPAIR, ARE BEING PROVIDED TO PURCHASER ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS, AND ALLEVI MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9PROVIDED HEREIN, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KINDWARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND THAT ANY SOFTWARE SOLUTION OR WARRANTY REPAIR WILL MEET CUSTOMER’S REQUIREMENTS, ACCURACYTHAT ANY SOFTWARE SOLUTION OR WARRANTY REPAIR WILL BE TIMELY, DATA ACCURATE OR SYSTEM INTEGRITYERROR- FREE, AVAILABILITYOR THAT PRINTER HARDWARE OR SOFTWARE, TIMELINESSWILL BE COMPATIBLE WITH FUTURE PRODUCTS OR SOFTWARE VERSIONS OR INTEROPERATE WITH THIRD PARTY HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, COMPLETENESSSO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE PARTICULAR CUSTOMER. ALLEVI DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED, NONERROR-INFRINGEMENTFREE, FREE OF SECURITY VULNERABILITIES, OR THAT THE SUBSCRIPTION SOFTWARE WILL PERFORM WITHOUT INTERRUPTION MEET CUSTOMERS’S PARTICULAR REQUIREMENTS. ALLEVI IS NOT RESPONSIBLE FOR DAMAGE TO OR ERROR FREE, AND DIRECT OR INDIRECT LOSS OF ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTIONSOFTWARE PROGRAMS, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTIONREMOVABLE DATA STORAGE MEDIA, OR SUBSCRIBER’S USE THE RESTORATION OR REINSTALLATION OF ANY EQUIPMENT SOFTWARE PROGRAMS OR SOFTWARE DATA. THE REMEDY SET FORTH ABOVE IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR WARRANTY CLAIMS, AND IS EXPRESSLY IN LIEU OF ALL OTHER REMEDIES THAT MAY BE AVAILABLE TO CUSTOMER AT LAW OR IN EQUITY. ALLEVI SHALL NOT UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO ANY CUSTOMER OR ANY THIRD PARTY FOR LOSS OF PROFITS (DIRECT OR INDIRECT), DIMINUTION OF GOOD WILL, OR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER WITH RESPECT TO ANY CLAIM IN CONNECTION WITH CUSTOMER PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE SUBSCRIPTIONEXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO A PARTICULAR CUSTOMER. NOTWITHSTANDING ANYTHING THE ABOVE LIMITATIONS SHALL APPLY TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES CUSTOMER AND ALL SUBSEQUENT TRANSFEREES OF ALL PRODUCTS AND SOFTWARE ORIGINALLY PROVIDED BY ALLEVI TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSCUSTOMER.

Limitations. EXCEPT FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. A PARTY'S LIABILITY HEREUNDER SHALL BE LIMITED AS EXPRESSLY SET FORTH IN THIS SECTION 9SUCH PROVISION, ICIMS DOES NOT MAKE AND All. OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY DISCLAIMS PROVIDED HEREIN OR IN A TRANSACTION, A PARTY'S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT. OR CONTRACT, UNDER ANY WARRANTY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY KINDPARTY, WHETHER EXPRESSSUCH NEGLIGENCE BE SOLE, IMPLIEDJOINT OR CONCURRENT,OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, STATUTORY, ARISING AT COMMON LAWTHE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE RELATED TO OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA HARM OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSLOSS.

Limitations. 7.1 EXCEPT AS EXPRESSLY SET FORTH FOR THE LIMITED EXPRESS WARRANTIES CONTAINED IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTIONNEITHER ALLERGAN NOR ORTHOVITA MAKES ANY WARRANTIES, ICIMS CONTENT AND EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH RESPECT TO COLLAGEN, EQUIPMENT, KNOW-HOW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY IMPLIED WARRANTIES OF THE FOREGOINGQUALITY, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT . ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. 7.2 EXCEPT FOR THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE INDEMNIFICATION OBLIGATIONS OF THE SUBSCRIPTIONPARTIES UNDER ARTICLE 10 AND FOR BREACHES OF THE OBLIGATIONS OF CONFIDENTIALITY UNDER ARTICLE 13, DATA IN NO EVENT SHALL EITHER PARTY, ITS AFFILIATES OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS THEIR RESPECTIVE REPRESENTATIVES BE LIABLE TO THE SUBSCRIPTIONOTHER PARTY, ITS AFFILIATES OR SUBSCRIBER’S USE THEIR RESPECTIVE REPRESENTATIVES FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), ARISING FROM A BREACH OR ALLEGED BREACH OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES EVEN IF SUCH PARTY, ITS AFFILIATES OR THEIR RESPECTIVE REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.3 The Parties hereto acknowledge and agree that the foregoing disclaimer and *** CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND WILL BE FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO THE SUBSCRIPTION FROM TIME TO TIMEA CONFIDENTIAL TREATMENT REQUEST UNDER 17 C.F.R. SECTIONS 200.80(B)(4) AND 230.406. limitation of liability represent bargained for allocations of risk, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSand that the pricing and other terms and conditions of this Agreement reflect such allocations of risk.

Limitations. EXCEPT AS EXPRESSLY OTHERWISE SET FORTH HEREIN, A PARTY SHALL NOT BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND MANUFACTURER SHALL NOT BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF THE AMOUNT OF ANY INSURANCE PROCEEDS RECOVERABLE UNDER ITS INSURANCE POLICIES; PROVIDED, HOWEVER, THE FOREGOING SHALL NOT APPLY TO DAMAGES OR LOSSES RELATED TO THIRD PARTY CLAIMS SUBJECT TO INDEMNIFICATION HEREUNDER; BREACHES OF ARTICLES 8 OR 10; OR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR INTENTIONAL MISREPRESENTATION OR FRAUD. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS SECTION 9SHALL BE INTERPRETED TO LIMIT THE INDEMNIFICATION OBLIGATION OF A PARTY IN CONNECTION WITH A THIRD PARTY CLAIM EVEN IF THE RELATED DAMAGES ARE CHARACTERIZED AS BEING SPECIAL, ICIMS DOES NOT MAKE CONSEQUENTIAL, INCIDENTAL, INDIRECT OR OTHER LIKE DAMAGES OR LOSSES. FOR CLARITY, THE PARTIES ACKNOWLEDGE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KINDAGREE, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED THAT NOTWITHSTANDING ANYTHING TO THE SUBJECT MATTER CONTRARY, LOST REVENUES AND PROFITS ARISING FROM A PARTY’S EARLY TERMINATION OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTIONAS WELL AS ALL RELATED EXPERT FEES AND COSTS, ICIMS CONTENT ATTORNEY FEES AND COSTS AND ANY SERVICES PROVIDED UNDER OTHER COSTS EXPENDED IN THE CALCULATION AND RECOVERY OF THE SAME, SHALL BE DEEMED DIRECT DAMAGES FOR PURPOSES OF THIS AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOINGProject IP. Manufacturer acknowledges that, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITYas between the Parties, FITNESS FOR A PARTICULAR PURPOSECompany is the sole and exclusive owner of the Company IP and Project IP. Notwithstanding anything to the contrary herein, ACCURACYthe Parties hereby acknowledge and agree that (a) the formulas for Products to the extent of the composition of active ingredients and ratios thereof in a Product, DATA OR SYSTEM INTEGRITYwhether developed during the Term of this Agreement (the “Product Core Formulas”) shall be considered Project IP and owned by Company, AVAILABILITY(b) all other Technology used by Manufacturer in connection with the formulation and manufacture of the Products, TIMELINESSsuch as formulation technology, COMPLETENESScomposition and ratios for the excipients and manufacturing methods and techniques shall be considered Manufacturer IP and owned by Manufacturer. Subject to the terms and conditions of this Agreement, NON-INFRINGEMENTManufacturer hereby assigns to Company all, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREEright, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTIONtitle and interest into any Project IP, DATA OR INFORMATION ACCESSIBLE THEREFROMincluding the Product Core Formulas, ANY DECISION MADE USING THE SUBSCRIPTIONbut expressly excluding all Manufacturer IP. Manufacturer agrees to execute such documents and take such actions as Company may from time to time reasonably request to effect the foregoing assignment. Company hereby grants an exclusive license during the Term to Manufacturer under the Company IP and the Project IP solely to the extent necessary for Manufacturer to fulfill its obligations to the Company under this Agreement. At all times during the Term of this Agreement, UNAUTHORIZED ACCESS TO THE SUBSCRIPTIONCompany will not grant the rights to the Company IP or Project IP, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTIONincluding any improvements to the foregoing, to any third party to manufacture and supply products similar to the Products for Company. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSManufacturer covenants that it shall not use the Company IP or the Project IP for any purpose beyond the scope of the license granted in the foregoing sentence.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS OR LOSS OF DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES; AND CONTRACTOR’S MAXIMUM LIABILITY TO UNIVERISTY SHALL BE LIMITED TO AMOUNTS PAID TO CONTRACTOR UNDER THIS AGREEMENT. NOTWITHSTANDING, THE PARTIES ARE AWARE THERE ARE CONSTITUTIONAL AND STATUTORY LIMITATIONS (LIMITATIONS) ON THE AUTHORITY OF UNIVERSITY (A STATE AGENCY) TO ENTER INTO CERTAIN TERMS AND CONDITIONS THAT MAY BE PART OF THIS AGREEMENT, INCLUDING TERMS AND CONDITIONS RELATING TO LIENS ON UNIVERSITY’S PROPERTY; DISCLAIMERS AND LIMITATIONS OF WARRANTIES; DISCLAIMERS AND LIMITATIONS OF LIABILITY FOR DAMAGES; WAIVERS, DISCLAIMERS AND LIMITATIONS OF LEGAL RIGHTS, REMEDIES, REQUIREMENTS AND PROCESSES; LIMITATIONS OF PERIODS TO BRING LEGAL ACTION; GRANTING CONTROL OF LITIGATION OR SETTLEMENT TO ANOTHER PARTY; LIABILITY FOR ACTS OR OMISSIONS OF THIRD PARTIES; PAYMENT OF ATTORNEYS’ FEES; DISPUTE RESOLUTION; INDEMNITIES; AND CONFIDENTIALITY, AND TERMS AND CONDITIONS RELATED TO LIMITATIONS WILL NOT BE BINDING ON UNIVERSITY EXCEPT TO THE SUBSCRIPTION, ICIMS CONTENT EXTENT AUTHORIZED BY THE LAWS AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY CONSTITUTION OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY STATE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSTEXAS.

Limitations. (a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PARTIES AGREE THAT ANI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, AND SPECIFICALLY DISCLAIMS AND SHALL NOT BE LIABLE TO ALAVEN OR OTHERS IN RESPECT OF: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS, WHETHER USED ALONE OR IN COMBINATION WITH OTHER SUBSTANCES OR MATERIALS; (ii) ANY LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (OTHER THAN TO THE EXTENT REASONABLY FORESEEABLE IN LIGHT OF THE OBJECTIVES OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT AND THE ASSET PURCHASE AGREEMENT, BUT SUBJECT TO THE FURTHER LIMITATIONS IN SECTION 3.3(C) BELOW), WHETHER ARISING OUT OF A BREACH OF THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN OR OTHERWISE AND WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE; AND (iii) ANY LIABILITY TO THE EXTENT ARISING AS A RESULT OF PRODUCTS: (I) HAVING BEEN TAMPERED WITH OTHER THAN BY ANI OR ITS AGENTS, (II) HAVING BEEN SUBJECT TO MISUSE, NEGLIGENCE OR ACCIDENT OTHER THAN BY ANI OR ITS AGENTS, (III) HAVING BEEN STORED, HANDLED OR USED OTHER THAN BY ANI OR ITS AGENTS IN A MANNER CONTRARY TO REGULATORY STANDARDS OR THE INSTRUCTIONS CONTAINED ON LABELING, OR (IV) HAVING EXCEEDED ITS STATED EXPIRATION. (b) THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT SHALL NOT EXCEED [***]. (c) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NONE OF THE LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION 9SHALL APPLY TO ACTS OR OMISSIONS OF ANI TAKEN OR OMITTED TO BE TAKEN WITH INTENT TO BREACH THE REPRESENTATIONS, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY WARRANTIES OR OBLIGATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF ANI UNDER THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS FOR EACH PARTY’S OBLIGATIONS OF CONFIDENTIALITY UNDER SECTION 9, ICIMS DOES NOT MAKE ETF UNDER SECTION 10.3, INDEMNIFICATION UNDER SECTIONS 11.1 AND EXPRESSLY DISCLAIMS 11.2, AND INTELLECTUAL PROPERTY UNDER SECTION 12: (A) NO PARTY WILL BE LIABLE TO ANY WARRANTY OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER IN CONNECTION WITH A BREACH OF THIS AGREEMENT; (B) ANY LOSS DUE TO DAMAGE OR LOSS OF PRODUCTS WILL BE BASED UPON THE COMPANY’S COST OF MANUFACTURING OR ACQUIRING PRODUCTS, INCLUDING NOT ITS SELLING COST; AND (C) COMPANY UNDERSTANDS AND AGREES THAT IT HOLDS TITLE AND RISK OF LOSS FOR THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED PRODUCTS AT THE ICS FACILITY UNDER THE THIS AGREEMENT. WITHOUT WAIVING AS A SERVICE PROVIDER, ICS DOES NOT ACCEPT LIABILITY FOR DAMAGE OR LOSS TO THE GENERALITY OF PRODUCT WHILE IN THE ICS FACILITY, EXCEPT FOR LIABILITY FOR THIRD PARTY CLAIMS SUBJECT TO INDEMNIFICATION UNDER SECTION 11.2 BELOW. NOTWITHSTANDING THE FOREGOING, ICIMS ICS AGREES THAT IF DAMAGE OR LOSS TO PRODUCTS IS CAUSED BY: (1) A BREACH OF THIS AGREEMENT BY ICS, ICS SHALL BE LIABLE FOR SUCH LOSS UP TO A MAXIMUM AMOUNT EQUAL TO THE ETF (AS DEFINED UNDER SECTION 10.3(C) ABOVE); OR (2) ICS’S GROSSLY NEGLIGENT OR WILLFUL ACT OR OMISSION, THEN NO LIMITATION OF LIABILITY SHALL APPLY, EXCEPT FOR THE LIMITATIONS OF SECTIONS 10.4(A) AND (B) ABOVE. COMPANY IS RESPONSIBLE FOR ENSURING THAT IT HAS APPROPRIATE INSURANCE IN PLACE TO PROTECT ITSELF FROM POTENTIAL DAMAGE OR LOSS TO ITS PRODUCTS. THE INSURANCE REQUIRED UNDER SECTION 13 BELOW IS A MINIMUM ONLY, AND ICS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS REPRESENT OR WARRANT THAT THESE COVERAGES ARE SUFFICIENT FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBERCOMPANY’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSNEEDS.

Limitations. (a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PARTIES AGREE THAT SOLVAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, AND SPECIFICALLY DISCLAIMS AND SHALL NOT BE LIABLE TO JDS OR OTHERS IN RESPECT OF: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT, WHETHER USED ALONE OR IN COMBINATION WITH OTHER SUBSTANCES OR MATERIALS; (ii) ANY LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (OTHER THAN TO THE EXTENT REASONABLY FORESEEABLE IN LIGHT OF THE OBJECTIVES OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT AND THE ASSET PURCHASE AGREEMENT, BUT SUBJECT TO THE FURTHER LIMITATIONS IN SECTION 3.3(C) BELOW), WHETHER ARISING OUT OF A BREACH OF THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN OR OTHERWISE AND WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE; AND (iii) ANY LIABILITY TO THE EXTENT ARISING AS A RESULT OF PRODUCT: (I) HAVING BEEN TAMPERED WITH OTHER THAN BY SOLVAY OR ITS AGENTS, (II) HAVING BEEN SUBJECT TO MISUSE, NEGLIGENCE OR ACCIDENT OTHER THAN BY SOLVAY OR ITS AGENTS, (III) HAVING BEEN STORED, HANDLED OR USED OTHER THAN BY SOLVAY OR ITS AGENTS IN A MANNER CONTRARY TO REGULATORY STANDARDS OR THE INSTRUCTIONS CONTAINED ON LABELING, OR (IV) HAVING EXCEEDED ITS STATED EXPIRATION. (b) IN NO EVENT SHALL SOLVAY’S LIABLITY FOR REASONABLY FORSEEABLE CONSEQUENTIAL DAMAGES EXCEED THE ORIGINAL PRINCIPAL AMOUNT OF THE NOTE AND ANY SUCH LIABILITY SHALL BE SATISFIED SOLELY BY OFFSET AGAINST THE PAYMENTS OF INTEREST AND PRINCIPAL UNDER THE NOTE (UNLESS THE NOTE HAS BEEN PREPAID BY JDS, IN WHICH CASE SOLVAY’S LIABLITY FOR REASONABLY FORSEEABLE CONSEQUENTIAL DAMAGES SHALL NOT EXCEED AN AMOUNT EQUAL TO THE PRINCIPAL AND INTEREST THAT WOULD HAVE BEEN OUTSTANDING (ASSUMING TIMELY AMORTIZATION OF THE NOTE) AT THE TIME OF THE RELEVANT CLAIM HAD THE NOTE NOT BEEN PREPAID). (c) THE MAXIMUM AGGREGATE LIABILITY OF SOLVAY UNDER THIS AGREEMENT, WHEN AGGREGATED WITH ANY LIABILITY UNDER THE ASSET PURCHASE AGREEMENT, SHALL NOT IN ANY EVENT EXCEED *** (BUT THIS LIMITATION SHALL NOT AFFECT JDS’S RIGHT TO BRING ANY CLAIM UNDER THE ASSET PURCHASE AGREEMENT WHICH IS NOT SUBJECT TO A MAXIMUM THEREUNDER). (d) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NONE OF THE LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION 9SHALL APPLY TO ACTS OR OMISSIONS OF SOLVAY TAKEN OR OMITTED TO BE TAKEN WITH INTENT TO BREACH THE REPRESENTATIONS, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY WARRANTIES OR OBLIGATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF SOLVAY UNDER THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMS.

Limitations. EXCEPT Except in relation to X4’s indemnification obligations set forth in Section 18.1, Licensee’s sole remedies for breach of contract relating to the manufacturing or supply of the Licensed Product by X4 or any of its Affiliates or subcontractors under this Agreement shall be limited to, at X4's option: (i) replacement of Licensed Product; or (ii) refund of the purchase price in respect of which a breach occurred. ALL OTHER LIABILITIES FOR SUCH BREACH OF CONTRACT, EXPRESS OR IMPLIED, CONTRACTUAL OR OTHERWISE, ARE EXCLUDED. X4 SHALL IN NO CIRCUMSTANCES BE LIABLE TO LICENSEE FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING ANY OTHER LOSS OF PROFIT, SUFFERED BY LICENSEE OR ANY CLAIM MADE AGAINST LICENSEE BY A THIRD PARTY AS EXPRESSLY SET FORTH IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY A RESULT OF ANY KINDDELAY IN, WHETHER EXPRESSOR SUSPENSION OR CANCELLATION OF, DELIVERY FOR WHATEVER REASON. FURTHER, X4 SHALL NOT BE LIABLE FOR PRODUCT DEFECTS THAT HAVE BEEN CAUSED SOLELY BY ABNORMAL OR INCORRECT CONDITIONS OF USE, STORAGE PENDING USE, ACCIDENT, MISUSE OR NEGLIGENCE BY THE LICENSEE, ITS EMPLOYEES, SERVANTS AND AGENTS OR BY THE CARRIER AFTER ANY RELEVANT PRODUCT LEAVES X4'S, ITS AFFILIATES' OR SUBCONTRACTORS' FACILITY. X4 MAKES NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORYOTHER THAN THOSE EXPRESSLY MADE HEREIN. ALL OTHER WARRANTIES, ARISING AT COMMON LAWEXPRESS OR IMPLIED, OR OTHERWISE RELATED TO INCLUDING, WITHOUT LIMITATION, THE SUBJECT MATTER IMPLIED WARRANTIES OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT MERCHANTABILITY AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED BY X4. EXCEPT IN THE CASE OF A BREACH OF ARTICLE 9, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN THIS SECTION 9AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, ICIMS DOES NOT MAKE EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE QUALITY, QUANTITY OR VOLUME OF THE RESERVES, IF ANY, OF OIL, GAS OR OTHER HYDROCARBONS IN OR UNDER THE LEASES, OR THE ENVIRONMENTAL CONDITION OF THE PROPERTY. THE ITEMS OF PERSONAL PROPERTY, EQUIPMENT, IMPROVEMENTS, FIXTURES AND EXPRESSLY DISCLAIMS APPURTENANCES CONVEYED AS PART OF THE PROPERTY ARE SOLD HEREUNDER "AS IS, WHERE IS, AND WITH ALL FAULTS" AND NO WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF ANY KINDQUALITY, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR CONDITION, ACCURACYARE GIVEN BY OR ON BEHALF OF SELLER. IT IS UNDERSTOOD AND AGREED THAT PRIOR TO CLOSING BUYER SHALL HAVE INSPECTED THE PROPERTY FOR ALL PURPOSES AND SHALL HAVE SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREEBOTH SURFACE AND SUBSURFACE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTIONTHAT BUYER ACCEPTS SAME IN ITS "AS IS, DATA OR INFORMATION ACCESSIBLE THEREFROMWHERE IS AND WITH ALL FAULTS" CONDITION, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS SUBJECT TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE PROVISIONS OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSSECTION 13.18.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTRARY, THIS ARTICLE IX IS INTENDED TO BE THE SOLE AND EXCLUSIVE REMEDY THAT BUYER SHALL HAVE AGAINST SELLER WITH RESPECT TO ANY MATTER OR CIRCUMSTANCE RELATING TO ENVIRONMENTAL LAWS, THE RELEASE OF MATERIALS INTO THE ENVIRONMENT OR PROTECTION OF THE ENVIRONMENT OR HEALTH AND SAFETY. EXCEPT AS SET FORTH IN THIS AGREEMENTARTICLE IX, ICIMS BUYER HEREBY RELEASES AND DISCHARGES ANY AND ALL CLAIMS AT LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO ENVIRONMENTAL CLAIMS, KNOWN OR UNKNOWN, WHETHER NOW EXISTING OR ARISING IN THE FUTURE, CONTINGENT OR OTHERWISE, AGAINST SELLER WITH RESPECT TO ANY MATTER OR CIRCUMSTANCE RELATING TO ENVIRONMENTAL LAWS, THE RELEASE OF MATERIALS INTO THE ENVIRONMENT OR PROTECTION OF THE ENVIRONMENT OR HEALTH AND SAFETY. BUYER ACKNOWLEDGES THAT SELLER HAS NOT MADE AND WILL MAKE NO REPRESENTATION OR WARRANTY REGARDING ANY MATTER OR CIRCUMSTANCE RELATING TO ENVIRONMENTAL LAWS OR ENVIRONMENTAL CLAIMS, THE RELEASE OF MATERIALS INTO THE ENVIRONMENT OR PROTECTION OF THE ENVIRONMENT OR HEALTH AND SAFETY. EXCEPT AS SET FORTH IN ARTICLE IX, BUYER HEREBY AGREES TO ASSUME THE RISK THAT THE OIL AND GAS ASSETS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIMECONTAIN WASTE MATERIALS, INCLUDING NORM OR THE CORRESPONDING DOCUMENTATIONHAZARDOUS SUBSTANCES, AND THOSE CHANGES SHALL THAT ADVERSE PHYSICAL CONDITIONS, INCLUDING THE PRESENCE OF UNKNOWN ABANDONED OIL AND GAS ▇▇▇▇▇, WATER ▇▇▇▇▇, SUMPS AND PIPELINES, MAY NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSHAVE BEEN REVEALED BY BUYER’S INVESTIGATION.

Limitations. THE PRINTER AND RELATED SOFTWARE AND AIR COMPRESSOR AND CONSUMABLE BIOMATERIALS, INCLUDING ANY SOFTWARE SOLUTION OR WARRANTY REPAIR, ARE BEING PROVIDED TO PURCHASER ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS, AND ALLEVI MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9PROVIDED HEREIN, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KINDWARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND THAT ANY SOFTWARE SOLUTION OR WARRANTY REPAIR WILL MEET CUSTOMER’S REQUIREMENTS, ACCURACYTHAT ANY SOFTWARE SOLUTION OR WARRANTY REPAIR WILL BE TIMELY, DATA ACCURATE OR SYSTEM INTEGRITYERROR-FREE, AVAILABILITYOR THAT PRINTER HARDWARE OR SOFTWARE, TIMELINESSWILL BE COMPATIBLE WITH FUTURE PRODUCTS OR SOFTWARE VERSIONS OR INTEROPERATE WITH THIRD PARTY HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, COMPLETENESSSO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE PARTICULAR CUSTOMER. ALLEVI DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED, NONERROR-INFRINGEMENTFREE, FREE OF SECURITY VULNERABILITIES, OR THAT THE SUBSCRIPTION SOFTWARE WILL PERFORM WITHOUT INTERRUPTION MEET CUSTOMERS’S PARTICULAR REQUIREMENTS. ALLEVI IS NOT RESPONSIBLE FOR DAMAGE TO OR ERROR FREE, AND DIRECT OR INDIRECT LOSS OF ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTIONSOFTWARE PROGRAMS, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTIONREMOVABLE DATA STORAGE MEDIA, OR SUBSCRIBER’S USE THE RESTORATION OR REINSTALLATION OF ANY EQUIPMENT SOFTWARE PROGRAMS OR SOFTWARE DATA. THE REMEDY SET FORTH ABOVE IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR WARRANTY CLAIMS, AND IS EXPRESSLY IN LIEU OF ALL OTHER REMEDIES THAT MAY BE AVAILABLE TO CUSTOMER AT LAW OR IN EQUITY. ALLEVI SHALL NOT UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO ANY CUSTOMER OR ANY THIRD PARTY FOR LOSS OF PROFITS (DIRECT OR INDIRECT), DIMINUTION OF GOOD WILL, OR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER WITH RESPECT TO ANY CLAIM IN CONNECTION WITH CUSTOMER PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE SUBSCRIPTIONEXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO A PARTICULAR CUSTOMER. NOTWITHSTANDING ANYTHING THE ABOVE LIMITATIONS SHALL APPLY TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES CUSTOMER AND ALL SUBSEQUENT TRANSFEREES OF ALL PRODUCTS AND SOFTWARE ORIGINALLY PROVIDED BY ALLEVI TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSCUSTOMER.

Limitations. EXCEPT AS EXPRESSLY FOR SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS SECTION 9ARTICLE 3, ICIMS DOES NOT MAKE THE CERTIFICATE OF SELLER TO BE DELIVERED AT THE CLOSING AND THE SPECIAL WARRANTY TO BE MADE BY SELLER IN THE ASSIGNMENT, SELLER EXPRESSLY DISCLAIMS DISCLAIMS, AND BUYER EXPRESSLY WAIVES, ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER (EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, BY STATUTE OR OTHERWISE OTHERWISE) AS TO (a) TITLE OF THE CONVEYED ASSETS; (b) PRODUCTION RATES, DECLINE RATES, THE QUALITY, QUANTITY OR VOLUME OF THE RESERVES OF MINERALS, IF ANY, ATTRIBUTABLE TO SELLER’S INTEREST IN ANY OF THE CONVEYED ASSETS; (c) THE CONTENTS, CHARACTER, NATURE, ACCURACY, COMPLETENESS OR MATERIALITY OF ANY RECORDS, INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR ORAL) NOW, HERETOFORE OR HEREAFTER FURNISHED TO BUYER BY OR ON BEHALF OF SELLER, INCLUDING (i) ANY DESCRIPTIVE MEMORANDUM, OR ANY REPORT OF ANY PETROLEUM ENGINEERING CONSULTANT, OR ANY GEOLOGICAL OR SEISMIC DATA OR INTERPRETATION, RELATING TO THE CONVEYED ASSETS, (ii) ANY DESCRIPTIVE MEMORANDUM, REPORTS, BROCHURES, CHARTS OR STATEMENTS PREPARED BY THIRD PARTIES, AND (iii) ANY OTHER MATERIALS OR INFORMATION THAT MAY HAVE BEEN MADE AVAILABLE OR COMMUNICATED TO BUYER OR ITS AFFILIATES, OR ITS OR THEIR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, CONSULTANTS, REPRESENTATIVES OR ADVISORS IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY DISCUSSION OR PRESENTATION RELATING THERETO; (d) THE ENVIRONMENTAL CONDITION AND OTHER CONDITION OF THE CONVEYED ASSETS AND ANY POTENTIAL LIABILITY ARISING FROM OR RELATED TO THE SUBJECT CONVEYED ASSETS; AND (e) ANY ESTIMATES OF THE VALUE OF THE CONVEYED ASSETS OR FUTURE PROCEEDS THEREFROM, IT BEING EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES THAT BUYER SHALL BE DEEMED TO BE OBTAINING THE CONVEYED ASSETS IN THEIR PRESENT STATUS AND CONDITION “AS IS” AND “WHERE IS”, WITH ALL FAULTS AND DEFECTS, AND THAT BUYER HAS MADE OR CAUSED TO BE MADE SUCH INSPECTIONS AS BUYER DEEMS APPROPRIATE. EXCEPT FOR SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 3.7, (X) SELLER HAS NOT AND WILL NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING ANY MATTER OR CIRCUMSTANCE RELATING TO ENVIRONMENTAL LAWS THE RELEASE OF MATERIALS INTO THE ENVIRONMENT OR THE PROTECTION OF HUMAN HEALTH, SAFETY, NATURAL RESOURCES OR THE ENVIRONMENT, OR ANY OTHER ENVIRONMENTAL CONDITION OF THE CONVEYED ASSETS, AND (Y) BUYER SHALL BE DEEMED TO BE TAKING THE CONVEYED ASSETS “AS IS” AND “WHERE IS” WITH ALL FAULTS FOR PURPOSES OF THEIR ENVIRONMENTAL CONDITION AND THAT BUYER HAS MADE OR CAUSED TO BE MADE SUCH ENVIRONMENTAL INSPECTIONS AS BUYER DEEMS APPROPRIATE. THE PARTIES HEREBY ACKNOWLEDGE THAT THEY HAVE BEEN REPRESENTED BY SOPHISTICATED COUNSEL IN CONNECTION WITH THE NEGOTIATION AND EXECUTION OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREETHIS SECTION 4.26, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTIONTRANSACTIONS CONTEMPLATED HEREBY. SELLER AND BUYER AGREE THAT, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTIONEXTENT REQUIRED BY LAW TO BE EFFECTIVE, OR SUBSCRIBER’S USE THE DISCLAIMERS OF CERTAIN WARRANTIES CONTAINED IN THIS SECTION 4.26 ARE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSES OF ANY EQUIPMENT LAW, RULE OR SOFTWARE ORDER. NOTHING IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING SECTION 4.25 OR THIS SECTION 4.26 SHALL OPERATE TO THE CONTRARY IN RELIEVE SELLER OF ANY COMMON LAW LIABILITY TO BUYER FOR FRAUD (AS DEFINED HEREIN), PROVIDED THAT SELLER IS FINALLY DETERMINED BY A COURT OF COMPETENT JURISDICTION TO HAVE COMMITTED FRAUD AGAINST BUYER RELATED TO THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9HEREIN, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY THERE IS NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, MERCHANTABILITY OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYAND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, DATA SUCH EXPRESS REMEDY OR SYSTEM INTEGRITYMEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AVAILABILITYTHE OBLIGOR’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. THE OBLIGOR’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY; SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, TIMELINESSINCIDENTAL, COMPLETENESSPUNITIVE, NON-INFRINGEMENTEXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION DAMAGES ARE DIFFICULT OR ERROR FREEIMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND ANY WARRANTY REGARDING SUBSCRIBER’S USE THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE SUBSCRIPTION, DATA HARM OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSLOSS.

Limitations. EXCEPT AS EXPRESSLY IN NO EVENT WILL CLASSIFILE OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES OR BY ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER CLASSIFILE NOR ITS SUPPLIERS WILL HAVE ANY LIABILITY WITH RESPECT TO EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF CLASSIFILE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF CLASSIFILE AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO CLASSIFILE UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE ALLEGED CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES SET FORTH BY CLASSIFILE UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED ON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE CLASSIFILE AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMS7.1.

Limitations. 01Limitation of Remedies, Liability and Damages. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9HEREIN, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THERE ARE NO WARRANTIES BY EITHER PARTY UNDER THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. THE PARTIES CONFIRM THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, EXPRESS REMEDIES AND ANY WARRANTY REGARDING SUBSCRIBER’S USE MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY EQUIPMENT PROVISION FOR WHICH AN EXPRESS REMEDY OR SOFTWARE MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES WILL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR’S LIABILITY WILL BE LIMITED AS SET FORTH IN CONNECTION WITH SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED, UNLESS THE SUBSCRIPTIONPROVISION IN QUESTION PROVIDES THAT THE EXPRESS REMEDIES ARE IN ADDITION TO OTHER REMEDIES THAT MAY BE AVAILABLE. NOTWITHSTANDING ANYTHING SUBJECT TO SECTION 12.04 (PROVISIONAL RELIEF), IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE CONTRARY OBLIGOR’S LIABILITY WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES WILL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY PROVIDED IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES INCLUDING THE PROVISIONS OF ARTICLE 13 (INDEMNIFICATION), NEITHER PARTY WILL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE SUBSCRIPTION FROM TIME TO TIMECAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE CORRESPONDING DOCUMENTATIONEXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THOSE CHANGES SHALL NOT BE DEEMED THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. NOTHING IN THIS ARTICLE PREVENTS, OR IS INTENDED TO GIVE RISE PREVENT SCE FROM PROCEEDING AGAINST OR EXERCISING ITS RIGHTS WITH RESPECT TO BREACH OF WARRANTY OR LIABILITY OF ICIMSANY PROJECT SECURITY.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAWNO EVENT SHALL MYLANCE OR ITS LICENSORS OR SERVICE PROVIDERS, OR OTHERWISE RELATED ANY OF THEIR PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “SERVICE PARTIES”), BE LIABLE TO CLIENT OR, ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE, OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF MYLANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THE AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE CUMULATIVE LIABILITY OF THE SERVICE PARTIES TO CLIENT FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE SUBSCRIPTIONTOTAL AMOUNT OF ALL FEES THEN-PAID TO MYLANCE BY CLIENT UNDER SECTION 3.1 (FEES) DURING THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENTACT OR OMISSION GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT WAIVING THE GENERALITY REGARD TO WHETHER OTHER PROVISIONS OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA AGREEMENT HAVE BEEN BREACHED OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSHAVE PROVEN INEFFECTIVE.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN NO EVENT LOGI ANALYTICS BE LIABLE TO LICENSEE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS SECTION 9AGREEMENT, ICIMS DOES NOT MAKE REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING LOST PROFITS, COSTS OF DELAY, FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF LOGI ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EXPRESSLY DISCLAIMS NOTWITHSTANDING ANY WARRANTY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, . THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER EXPRESS, IMPLIED, STATUTORY, OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE CUMULATIVE LIABILITY OF LOGI ANALYTICS TO LICENSEE FOR ALL CLAIMS ARISING AT COMMON LAW, FROM OR OTHERWISE RELATED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER TOTAL AMOUNT OF ALL FEES PAID TO LOGI ANALYTICS BY LICENSEE DURING THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TWELVE (12)-MONTH PERIOD IMMEDIATELY PRIOR TO THE SUBSCRIPTIONEVENT, ACT OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE OMISSION GIVING RISE TO BREACH SUCH LIABILITY. THIS LIMITATION OF WARRANTY LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR LIABILITY OF ICIMSHAVE PROVEN INEFFECTIVE.

Limitations. EXCEPT AS EXPRESSLY (a) LICENSOR DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. (b) THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 9AGREEMENT ARE IN LIEU OF, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS LICENSOR DISCLAIMS, ANY WARRANTY OF ANY KINDAND ALL OTHER WARRANTIES, WHETHER EXPRESSCONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, STATUTORYORAL OR WRITTEN), ARISING AT COMMON LAWWITH RESPECT TO, OR OTHERWISE RELATED THE LICENSED MATERIALS, AND WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER OR TO BE PROVIDED BY LICENSOR, WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE AGREEMENTTRADE, BY COURSE OF DEALING, OR OTHERWISE. WITHOUT WAIVING THE GENERALITY OF THE FOREGOINGSUCH DISCLAIMED WARRANTIES INCLUDE, ICIMS DOES BUT ARE NOT MAKE LIMITED TO, ANY AND EXPRESSLY DISCLAIMS ANY WARRANTY ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR ANY PURPOSE (WHETHER OR NOT LICENSOR KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, AND NON-INFRINGEMENT. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE MADE SOLELY TO LICENSEE AND NOT TO OR FOR THE BENEFIT OF ANY THIRD PARTY. (c) NEITHER PARTY SHALL BE LIABLE FOR ANY (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR THAT CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS OR FAILURE TO REALIZE OTHER BENEFITS) ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT OR THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OPERATION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT LICENSED MATERIALS EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR SOFTWARE DAMAGES; EXCEPT THAT, EXCEPT AS PROVIDED IN CONNECTION WITH SECTION 4.4(d), THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING RECOVERY OF A PARTY AND THE TYPES OF DAMAGES AVAILABLE TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES A PARTY SHALL NOT BE DEEMED TO GIVE RISE TO LIMITED IN THE EVENT OF A WILLFUL OR GROSSLY NEGLIGENT BREACH OF THIS AGREEMENT BY THE OTHER PARTY, INCLUDING ANY EMPLOYEE, AGENT, OR REPRESENTATIVE OF SUCH OTHER PARTY. (d) LICENSOR’S LIABILITY FOR ANY BREACH OR DEFAULT UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ANY BREACH OF ANY WARRANTY GIVEN BY LICENSOR UNDER THIS AGREEMENT) SHALL BE LIMITED TO THE AMOUNT OF LICENSEE’S DIRECT DAMAGES RESULTING FROM SUCH BREACH OR LIABILITY DEFAULT, NOT TO EXCEED THE LICENSE FEES AND RECEIVED BY LICENSOR UNDER THIS AGREEMENT. (e) UPON A BREACH OF ICIMSANY OF THE PROVISIONS OF SECTION 1.2, THE EXACT AMOUNT OF DAMAGES WOULD BE DIFFICULT TO DETERMINE. IN THE EVENT OF SUCH BREACH, THE PARTIES AGREE THAT LICENSEE SHALL BE LIABLE TO LICENSOR IN THE AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) IN LIQUIDATED DAMAGES, PLUS COSTS AND ATTORNEYS FEES IF ACTION IS INITIATED TO ACCOMPLISH COLLECTION. THIS REMEDY SHALL NOT LIMIT OR BE IN LIEU OF ANY OTHER REMEDY AVAILABLE TO LICENSOR IN THE EVENT OF SUCH BREACH.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9NETGATEWAY, ICIMS DOES ITS AFFILIATES, EMPLOYEES, OFFICERS AND AGENTS SHALL NOT MAKE AND EXPRESSLY DISCLAIMS BE LIABLE TO SUBSCRIBER OR TO ANY WARRANTY OF THIRD PARTY FOR ANY KINDLOSS OR DAMAGE, WHETHER EXPRESSDIRECT OR INDIRECT, IMPLIEDRESULTING FROM DELAYS OR INTERRUPTIONS OF SERVICE DUE TO MECHANICAL ELECTRICAL OR WIRE DEFECTS OR DIFFICULTIES, STATUTORYSTORMS, ARISING AT COMMON LAWSTRIKES, WALK-OUTS, EQUIPMENT OF SYSTEMS FAILURES, OR OTHERWISE RELATED OTHER CAUSES OVER WHICH NETGATEWAY, ITS AFFILIATES, EMPLOYEES, OFFICERS, OR AGENTS AGAINST WHOM LIABILITY IS SOUGHT, HAVE NO REASONABLE CONTROL, OR FOR LOSS OR DAMAGE, DIRECT OR INDIRECT, RESULTING FROM INACCURACIES, ERRONEOUS STATEMENTS, ERRORS OF FACTS, OMISSIONS, OR ERRORS IN THE TRANSMISSION OR DELIVERY OF eCOMMERCE SERVICES, OR ANY DATA PROVIDED AS A PART OF THE eCOMMERCE SERVICES PURSUANT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING EXCEPT TO THE SUBSCRIPTIONEXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF NETGATEWAY. IN ADDITION, ICIMS CONTENT AND IN NO EVENT SHALL NETGATEWAY BE LIABLE TO SUBSCRIBER OR TO ANY SERVICES PROVIDED UNDER THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES WHICH SUBSCRIBER OR SUCH THIRD PARTY MAY INCUR OR EXPERIENCE ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT OR UTILIZING THE AGREEMENT. WITHOUT WAIVING THE GENERALITY NETGATEWAY eCOMMERCE SERVICES, REGARDLESS OF WHETHER NETGATEWAY HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH DAMAGES ARE CAUSED, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY IN WHOLE OR IN PART, BY THE NEGLIGENCE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSNETGATEWAY.

Limitations. EXCEPT THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR'S LIABILITY SHALL BE LIMITED AS EXPRESSLY SET FORTH IN THIS SECTION 9SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, ICIMS DOES NOT MAKE THE OBLIGOR'S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXPRESSLY DISCLAIMS EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY WARRANTY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY KINDPARTY, WHETHER EXPRESSSUCH NEGLIGENCE BE SOLE, IMPLIEDJOINT OR CONCURRENT, STATUTORYOR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, ARISING AT COMMON LAWTHE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE RELATED TO OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE FOREGOINGHARM OR LOSS. Gas Sale and Purchase Contract (December 1, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMS.2004)

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 920.1Limitation of Remedies, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY Liability and Damages. THERE IS NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, MERCHANTABILITY OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREEPURPOSE WITH RESPECT TO ANY PRODUCT, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURE OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTIONESSENTIAL PURPOSES HEREOF. NOTWITHSTANDING ANYTHING TO THE CONTRARY UNLESS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY (OTHER THAN INJUNCTIVE RELIEF AS PROVIDED IN THIS AGREEMENT) ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES TO BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY (OTHER THAN INJUNCTIVE RELIEF AS PROVIDED IN THIS AGREEMENT) ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, WHATSOEVER UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION, BY STATUTE, IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE, (PROVIDED THAT THE FOREGOING EXCLUSION SHALL NOT PRECLUDE RECOVERY BY A PARTY OF THE TERMINATION PAYMENT OR ANY LIQUIDATED DAMAGES EXPRESSLY HEREIN PROVIDED, NOR SHALL IT BE CONSTRUED TO LIMIT RECOVERY BY AN INDEMNITEE UNDER ANY INDEMNITY PROVISION IN RESPECT OF A THIRD PARTY CLAIM), RESULTING FROM A PARTY’S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER OR TERMINATION OF THIS AGREEMENT. THE PARTIES INTEND THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE SUBSCRIPTION FROM TIME TO TIMECAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE CORRESPONDING DOCUMENTATIONEXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THOSE CHANGES SHALL NOT BE DEEMED THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. NOTHING IN THIS SECTION PREVENTS OR IS INTENDED TO GIVE RISE TO BREACH OF WARRANTY PREVENT BUYER FROM PROCEEDING AGAINST OR LIABILITY OF ICIMSEXERCISING ITS RIGHTS UNDER THE SECURITY DOCUMENTS.

Limitations. (a) EXCEPT AS EXPRESSLY SET FORTH IN CONNECTION WITH A BREACH OF ARTICLE XIII OF THIS SECTION 9AGREEMENT AND WITH THE EXCEPTION OF THE INDEMNIFICATION OBLIGATIONS OF THE PARTIES UNDER ARTICLE X, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY WARRANTY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR EXTRA-CONTRACTUAL DAMAGES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, KIND WHATSOEVER ARISING AT COMMON LAW, FROM OR OTHERWISE RELATED TO THE SUBJECT MATTER OF CONNECTED WITH THIS AGREEMENT, INCLUDING THE SUBSCRIPTIONINCLUDING, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, OR LOSS OF BUSINESS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT FORESEEABLE, EVEN IF EITHER PARTY HERETO HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OR PROBABILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED BY THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. THE REMEDIES PROVIDED BY THIS AGREEMENT AND THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY SOME OF MERCHANTABILITY, FITNESS WHICH MAY BE UNKNOWN OR UNDERMINABLE. THESE LIMITATIONS ARE A MATERIAL INDUCEMENT FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREEPARTIES TO THIS AGREEMENT TO ENTER INTO THIS AGREEMENT, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA PARTIES TO THIS AGREEMENT HAVE RELIED UPON THESE PROVISIONS IN DETERMINING WHETHER OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS NOT TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE ENTER INTO THIS AGREEMENT. (b) EXCEPT IN CONNECTION WITH A BREACH OF ARTICLE XIV HEREUNDER, AND WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING EXCEPTION OF THE INDEMNIFICATION OBLIGATIONS OF THE PARTIES UNDER ARTICLE X, THE AGGREGATE TOTAL LIABILITY OF EITHER PARTY TO THE CONTRARY OTHER PARTY AND TO ALL OTHER PERSONS AND ENTITIES UNDER THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE AMOUNT OF THE NET REVENUE RECEIVED BY NCM PURSUANT TO SECTION 7.2 OF THIS AGREEMENT DURING THE FIVE (5) YEAR PERIOD PRECEDING SUCH LIABILITY, LESS IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO ANY CASE THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH AGGREGATE OF WARRANTY OR LIABILITY ANY AMOUNTS PAID BY NCM HEREUNDER ON ACCOUNT OF ICIMSPREVIOUS EVENTS OF LIABILITY.

Limitations. EXCEPT AS EXPRESSLY IN NO EVENT SHALL RAMSrent OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER RAMSrent NOR ITS SUPPLIERS SHALL HAVE LIABILITY WITH RESPECT TO RAMSrent's OBLIGATIONS UNDER THIS AGREEMENT, THE ADDENDUM OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF RAMSrent HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE LIABILITY OF RAMSrent AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO RAMSrent BY YOU UNDER THIS AGREEMENT AND THE ADDENDUM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET FORTH BY RAMSrent HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE RAMSrent AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMS6.1.

Limitations. EXCEPT AS FOR THE UNDERTAKINGS, REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 9AGREEMENT AND IN THE CLOSING DOCUMENTS EXECUTED BY SELLER, ICIMS PURCHASER IS ACQUIRING THE PROPERTY “AS IS,” “WHERE IS,” AND WITH ALL FAULTS AND DEFECTS, LATENT AND PATENT, AND PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE EXPRESS UNDERTAKINGS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT AND IN THE CLOSING DOCUMENTS EXECUTED BY SELLER, SELLER HAS NOT MADE, DOES NOT MAKE MAKE, AND EXPRESSLY SPECIFICALLY DISCLAIMS ANY WARRANTY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY KINDKIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYORAL OR WRITTEN, ARISING AT COMMON LAWPAST, PRESENT OR FUTURE WITH RESPECT TO THE PROPERTY, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENTANY CONDITION, INCLUDING THE SUBSCRIPTIONASPECT, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTCHARACTERISTIC, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTIONPROPERTY, OR SUBSCRIBER’S ANY USE OF THAT MAY BE MADE THEREOF OR ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTLAW, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIMESTATUTE, OR REGULATION BINDING THEREON. FURTHER, PURCHASER EXPRESSLY ACKNOWLEDGES THAT IT IS ACQUIRING THE CORRESPONDING DOCUMENTATIONPROPERTY BASED SOLELY UPON ITS OWN INVESTIGATIONS AND DUE DILIGENCE, AND THOSE CHANGES SHALL IS NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY RELYING ON ANY EXISTING DUE DILIGENCE MATERIALS SUPPLIED BY SELLER, OR LIABILITY OF ICIMSANY OTHER INFORMATION ORIGINATIING FROM SELLER, IN ACQUIRING THE PROPERTY.

Limitations. EXCEPT FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. A PARTY’S LIABILITY HEREUNDER SHALL BE LIMITED AS EXPRESSLY SET FORTH IN THIS SECTION 9SUCH PROVISION, ICIMS DOES NOT MAKE AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY DISCLAIMS PROVIDED HEREIN OR IN A TRANSACTION, A PARTY’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT. UNDER ANY WARRANTY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO. INCLUDING THE NEGLIGENCE OF ANY KINDPARTY, WHETHER EXPRESSSUCH NEGLIGENCE BE SOLE, IMPLIEDJOINT OR CONCURRENT, STATUTORYOR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, ARISING AT COMMON LAWTHE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE RELATED TO OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA HARM OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSLOSS.

Limitations. EXCEPT In no event shall Speedy Barcodes or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Speedy Barcodes’ Internet site, even if Speedy Barcodes or a Speedy Barcodes authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPEEDY BARCODES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. SPEEDY BARCODES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS EXPRESSLY SET FORTH IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SPEEDY BARCODES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, WHETHER EXPRESSSOFTWARE, IMPLIEDPRODUCTS, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE SERVICES AND RELATED TO THE SUBJECT MATTER OF THIS AGREEMENTGRAPHICS, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYTITLE AND NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPEEDY BARCODES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR SYSTEM INTEGRITYPROFITS, AVAILABILITYARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, TIMELINESSWITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, COMPLETENESS, NON-INFRINGEMENTTHE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR THAT FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION SITE, OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S OTHERWISE ARISING OUT OF THE USE OF THE SUBSCRIPTIONSITE, DATA WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR INFORMATION ACCESSIBLE THEREFROMOTHERWISE, EVEN IF SPEEDY BARCODES OR ANY DECISION MADE OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SUBSCRIPTIONSITE. Speedy Barcodes reserves the right, UNAUTHORIZED ACCESS TO THE SUBSCRIPTIONin its sole discretion, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTIONto terminate your access to the Site and the related services or any portion thereof at any time, without notice. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTTo the maximum extent permitted by law, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIMEthis agreement is governed by the laws of the State of Wyoming and you hereby consent to the exclusive jurisdiction and venue of courts in Wyoming in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, OR THE CORRESPONDING DOCUMENTATIONincluding, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSwithout limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Speedy Barcodes as a result of this agreement or use of the Site. Speedy Barcodes's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Speedy Barcodes's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Speedy Barcodes with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Speedy Barcodes with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Speedy Barcodes with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9THE PARTIES ARE AWARE THAT THERE ARE CONSTITUTIONAL AND STATUTORY LIMITATIONS ON THE AUTHORITY OF UNIVERSITY (A STATE AGENCY) TO ENTER INTO CERTAIN TERMS AND CONDITIONS THAT MAY BE A PART OF THE AGREEMENTS, ICIMS DOES NOT MAKE INCLUDING THOSE TERMS AND EXPRESSLY DISCLAIMS ANY WARRANTY CONDITIONS RELATING TO LIENS ON UNIVERSITY’S PROPERTY; DISCLAIMERS AND LIMITATIONS OF ANY KINDWARRANTIES; DISCLAIMERS AND LIMITATIONS OF LIABILITY FOR DAMAGES; WAIVERS, WHETHER EXPRESSDISCLAIMERS AND LIMITATIONS OF LEGAL RIGHTS, IMPLIEDREMEDIES, STATUTORYREQUIREMENTS AND PROCESSES; LIMITATIONS OF PERIODS TO BRING LEGAL ACTION; GRANTING CONTROL OF LITIGATION OR SETTLEMENT TO ANOTHER PARTY; LIABILITY FOR ACTS OR OMISSIONS OF THIRD PARTIES; PAYMENT OF ATTORNEYS’ FEES; DISPUTE RESOLUTION; INDEMNITIES; AND CONFIDENTIALITY (COLLECTIVELY, ARISING AT COMMON LAWTHE “LIMITATIONS”), OR OTHERWISE AND TERMS AND CONDITIONS RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING LIMITATIONS WILL NOT BE BINDING ON UNIVERSITY EXCEPT TO THE SUBSCRIPTION, ICIMS CONTENT EXTENT AUTHORIZED BY THE LAWS AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY CONSTITUTION OF THE FOREGOINGSTATE OF TEXAS. NOTWITHSTANDING ANY PROVISION IN THE AGREEMENTS TO THE CONTRARY, ICIMS DOES SELLER AGREES AND STIPULATES THAT UNIVERSITY WILL NOT MAKE AND EXPRESSLY DISCLAIMS BE REQUIRED TO PERFORM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA ACT OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, TO REFRAIN FROM ANY ACT IF THAT PERFORMANCE OR NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE PERFORMANCE WOULD CONSTITUTE A VIOLATION OF THE SUBSCRIPTION, DATA CONSTITUTION OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING LAWS OF THE SUBSCRIPTION, UNAUTHORIZED ACCESS STATE OF TEXAS. NO PROVISION IN THE AGREEMENTS WILL CONSTITUTE NOR IS IT INTENDED TO CONSTITUTE A WAIVER OF THE SUBSCRIPTION, OR SUBSCRIBER’S USE SOVEREIGN IMMUNITY OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, UNIVERSITY OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH STATE OF WARRANTY OR LIABILITY OF ICIMSTEXAS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH THE WARRANTIES OF WWT CONTAINED IN THIS SECTION 9AGREEMENT ARE EXCLUSIVE. THEY ARE IN LIEU OF ALL OTHER WARRANTIES, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, ARISING AT COMMON LAWWITHOUT LIMITATION, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA TITLE OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION ARISING BY STATUTE OR ERROR FREE, OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WWT'S SOLE OBLIGATION AND TCB'S EXCLUSIVE REMEDY FOR ANY WARRANTY REGARDING SUBSCRIBER’S USE FAILURE IS THE CORRECTION OR REPLACEMENT, AT WWT'S OPTION, OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING NONCONFORMING PORTION OF THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTIONGLOBAL PORTAL PLATFORM. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY OTHER PROVISION OF THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIMEAND IRRESPECTIVE OF ANY FAULT OR NEGLIGENCE, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES WWT SHALL NOT BE DEEMED LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO GIVE RISE TO BREACH BUSINESS, LOST REVENUES, LOST SALES, LOST SAVINGS, LOST PROFITS (ANTICIPATED OR ACTUAL), LOSS OF WARRANTY USE, DOWNTIME AND CLAIMS OF THIRD PARTIES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY OR LIABILITY TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE OF ICIMSANY KIND, WHETHER ACTIVE OR PASSIVE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, ALL WHETHER OR NOT WWT HAS BEEN APPRISED OR NOTIFIED THAT ANY SUCH DAMAGES OR LOSSES ARE POSSIBLE OR LIKELY, AND WHETHER OR NOT ANY PERMITTED REMEDY HAS FAILED ITS ESSENTIAL PURPOSE.

Limitations. EXCEPT AS EXPRESSLY SET FORTH NEITHER PARTY, THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL BE LIABLE IN THIS SECTION 9ANY WAY WHATSOEVER, ICIMS DOES FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,, INCLUDING BUT NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY LIMITED TO, LOST PROFITS OR BUSINESS REVENUE. LOST BUSINESS, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER COMMERICAL OR ECONOMIC LOSS OF ANY KINDKIND WHATSOEVER, WHETHER EXPRESSOR NOT SUCH DAMAGES ARE FORESEEABLE OR EITHER PARTY, THEIR EMPLOYESS, AGENTS, OFFICERS OR DIRECTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO MPHASE"S OBLIGATIONS TO PAY LIQUIDATED DAMAGES FOR LATE DELIVERIESL. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTIONIMPLIED WARRANTIES OF NON-INFRINGEMENT, ICIMS CONTENT MERCHANTABILITY AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. General Limitation. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF mPHASE OR CORNING CABLE SYSTEMS (INCLUDING THEIR EMPLOYEES, ACCURACYDIRECTORS, DATA OFFICERS OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, AGENTS) FOR ALL CLAIMS ARISING OUT OF OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS RELATING TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES EXCEED ACTUAL DIRECT, PROVABLE DAMAGES, NOT TO EXCEED THE SUBSCRIPTION FROM TIME TOTAL AMOUNTS PAID BY CORNING CABLE SYSTEMS TO TIMEmPHASE UNDER THIS AGREEMENT. THE FOREGOING PROVISION LIMITING THE LIABILITY OF CORNING CABLE SYSTEMS AND mPHASE (INCLUDING THEIR EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS) SHALL APPLY REGARDLESS OF THE FORM OR CAUSE OF ACTION WHETHER IN CONTRACT OR TORT, OR THE CORRESPONDING DOCUMENTATIONA BREACH OF A FUNDAMENTAL TERM OR CONDITION; PROVIDED, AND THOSE CHANGES HOWEVER, THAT THIS LIMITATION SHALL NOT BE DEEMED APPLY TO GIVE RISE MPHASE'S OBLIGATION TO BREACH OF WARRANTY OR LIABILITY OF ICIMSINDEMNIFY CORNING CABLE SYSTEMS FOR THIRD PARTY INTELLECTUAL PROPERTY CLAIMS AS SET FORTH HEREIN.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9, ICIMS VISIBILITY DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS VISIBILITY CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS VISIBILITY DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-NON- INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBERCLIENT’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBERCLIENT’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS VISIBILITY MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSVISIBILITY.

Limitations. EXCEPT AS EXPRESSLY (a) SUBJECT TO, AND WITHOUT LIMITATION OF, SELLER’S RIGHT TO INDEMNIFICATION PURSUANT TO ARTICLE 11, THE REPRESENTATIONS AND WARRANTIES OF PURCHASER SET FORTH IN THIS ARTICLE 5, THE CORRESPONDING CERTIFICATION IN THE CERTIFICATE TO BE DELIVERED AT CLOSING PURSUANT TO SECTION 98.3(g) AS TO THE ACCURACY AS OF THE CLOSING DATE OF THE REPRESENTATIONS AND WARRANTIES OF PURCHASER SET FORTH IN THIS ARTICLE 5, ICIMS DOES NOT MAKE THE ASSIGNMENT AND BILL OF SALE AND THE TERMS AND PROVISIONS OF THE OTHER TRANSACTION AGREEMENTS, (I) PURCHASER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND (II) PURCHASER EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY WARRANTY OF ANY KINDREPRESENTATION, WHETHER EXPRESSWARRANTY, IMPLIED, STATUTORY, ARISING AT COMMON LAWSTATEMENT, OR OTHERWISE RELATED INFORMATION MADE OR COMMUNICATED (ORALLY OR IN WRITING) TO THE SUBJECT MATTER SELLER OR ANY OF THIS AGREEMENTITS AFFILIATES, INCLUDING THE SUBSCRIPTIONEMPLOYEES, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOINGAGENTS, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTCONSULTANTS, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREEOTHER REPRESENTATIVES (INCLUDING ANY OPINION, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTIONINFORMATION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTIONPROJECTION, OR SUBSCRIBER’S USE ADVICE THAT MAY HAVE BEEN PROVIDED TO SELLER BY ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, CONSULTANT, ADVISOR OR OTHER REPRESENTATIVE OF PURCHASER OR ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTIONMEMBER OF PURCHASER GROUP). (b) Inclusion of a matter on any of the Schedules which are referenced in this Article 5 (such Schedules, as amended in accordance with and subject to the terms of Section 6.8(b), the “Purchaser Disclosure Schedules”) with respect to a representation or warranty that addresses matters having a Purchaser Material Adverse Effect shall not be deemed an indication that such matter does, or may, have a Purchaser Material Adverse Effect. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTThe Purchaser Disclosure Schedules may include matters not required by the terms of the Agreement to be listed on the schedules, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIMEwhich additional matters are disclosed for purposes of information only, OR THE CORRESPONDING DOCUMENTATIONand inclusion of any such matter does not mean that all such matters are included. A matter scheduled on any of the Purchaser Disclosure Schedules as an exception for any representation and/or warranty shall be deemed to be an exception to all representations and/or warranties for which it is relevant, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSbut only to the extent such relevance is reasonably apparent based on the face of the disclosure in which such matter is disclosed in the Purchaser Disclosure Schedules.

Limitations. EXCEPT AS EXPRESSLY IN NO EVENT SHALL TOMAHAWK HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO TOMAHAWK, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. TOMAHAWK SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF TOMAHAWK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF TOMAHAWK TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO TOMAHAWK BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET FORTH BY TOMAHAWK UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE TOMAHAWK FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 96.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KINDIN SUCH STATES, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED OUR LIABILITY IS LIMITED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSEXTENT PERMITTED BY LAW.

Limitations. EXCEPT AS EXPRESSLY SET FORTH FOR ANY LIABILITY UNDER SECTION 11 HEREOF, IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED NO EVENT WILL EITHER PARTY BE LIABLE TO THE SUBJECT MATTER OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, EVEN IF BERKSHIRE GREY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. EXCEPT FOR ANY LIABILITY UNDER SECTIONS 11 AND 12 HEREOF, THE LIABILITY OF EITHER PARTY FOR ALL CLAIMS ARISING FROM OR RELATING TO AN SOW UNDER THIS AGREEMENT, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY, WILL NOT EXCEED THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED TOTAL AMOUNT OF ALL FEES THEN-PAID OR PAYABLE TO BERKSHIRE GREY BY CUSTOMER UNDER THE AGREEMENTSOW TO WHICH THE CLAIM RELATES. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT WAIVING THE GENERALITY REGARD TO WHETHER OTHER PROVISIONS OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA THIS AGREEMENT HAVE BEEN BREACHED OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSHAVE PROVEN INEFFECTIVE.

Limitations. EXCEPT Except as set forth in Section 18.1(iii), liability for breach of contract relating to the manufacturing or supply of the Product by Fennec or any of its Affiliates or subcontractors under this Agreement shall be limited to, at Fennec’s option: (i) replacement of Product or (ii) refund of the purchase price in respect of which a breach occurred. ALL OTHER LIABILITIES FOR SUCH BREACH OF CONTRACT, EXPRESS OR IMPLIED, CONTRACTUAL OR OTHERWISE, ARE EXCLUDED. FENNEC SHALL IN NO CIRCUMSTANCES BE LIABLE TO LICENSEE FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING ANY OTHER LOSS OF PROFIT, SUFFERED BY LICENSEE OR ANY CLAIM MADE AGAINST LICENSEE BY A THIRD PARTY AS EXPRESSLY SET FORTH IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY A RESULT OF ANY KINDDELAY IN, WHETHER EXPRESSOR SUSPENSION OR CANCELLATION OF, DELIVERY FOR WHATEVER REASON. FURTHER, FENNEC SHALL NOT BE LIABLE FOR PRODUCT DEFECTS THAT HAVE BEEN CAUSED SOLELY BY ABNORMAL OR INCORRECT CONDITIONS OF USE, STORAGE PENDING USE, ACCIDENT, MISUSE OR NEGLIGENCE BY THE LICENSEE, ITS EMPLOYEES, SERVANTS AND AGENTS OR BY THE CARRIER AFTER ANY RELEVANT PRODUCT LEAVES FENNEC’S, ITS AFFILIATES’ OR SUBCONTRACTORS’ FACILITY. FENNEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORYOTHER THAN THOSE EXPRESSLY MADE HEREIN. ALL OTHER WARRANTIES, ARISING AT COMMON LAWEXPRESS OR IMPLIED, OR OTHERWISE RELATED TO INCLUDING, WITHOUT LIMITATION, THE SUBJECT MATTER IMPLIED WARRANTIES OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT MERCHANTABILITY AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED BY FENNEC. EXCEPT IN THE CASE OF A BREACH OF ARTICLE 9, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9HEREIN, ICIMS DOES NOT MAKE THE HARDWARE IS PROVIDED ON AN “AS IS” BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WOZART EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KINDALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYOR STATUTORY WITH RESPECT TO WOZART HARDWARE, ARISING AT COMMON LAWINCLUDING, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENTBUT NOT LIMITED TO, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLIENT ENJOYMENT, ACCURACY, DATA OR SYSTEM INTEGRITYQUALITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTTITLE, OR INFRINGEMENT. WOZART DOES NOT WARRANT THAT THE SUBSCRIPTION HARDWARE IS ERROR-FREE OR THAT OPERATION OF SUCH HARDWARE WILL PERFORM WITHOUT INTERRUPTION BE SECURE OR ERROR FREEUNINTERRUPTED. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. THE PREVIOUS LIMITATION MAY NOT APPLY TO YOU BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY. EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE DEVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ALSO LIMITS THE DURATION OF ANY IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY. IN NO EVENT SHALL WOZART, ITS AFFILIATES, SUBSIDIARIES, AUTHORIZED RESELLERS, AND THEIR SUPPLIERS BE LIABLE IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE), PRODUCTS LIABILITY, OR SUBSCRIBERANY OTHER THEORY OF LIABILITY, OR OTHERWISE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF GOODWILL, DAMAGE OR DESTRUCTION OF DATA, OR OTHER BUSINESS LOSS, EVEN IF WOZART HAS BEEN ADVISED OF SAME. IN NO EVENT WILL WOZART’S USE OF ANY EQUIPMENT OR SOFTWARE TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING OR RELATED TO THE CONTRARY IN THIS AGREEMENTHARDWARE, ICIMS MAY MAKE CHANGES FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE SUBSCRIPTION FROM TIME TO TIMEINCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR THE CORRESPONDING DOCUMENTATIONSPECIAL DAMAGES, AND THOSE CHANGES SHALL NOT BE DEEMED INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO GIVE RISE TO BREACH OF THIS LIMITED WARRANTY OR THE DEVICE EXCEED THE AMOUNT PAID BY ORIGINAL PURCHASER FOR THE PRODUCT OR WOZART HARDWARE THAT IS THE SUBJECT OF THE CLAIM. THE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF ICIMSREMEDIES SET FORTH HEREIN ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.

Limitations. EXCEPT FOR BREACH OF ANY PROVISION FOP WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. A PARTY'S LIABILITY HEREUNDER SHALL BE LIMITED AS EXPRESSLY SET FORTH IN THIS SECTION 9SUCH PROVISION, ICIMS DOES NOT MAKE AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY DISCLAIMS PROVIDED HEREIN OR IN A TRANSACTION, A PARTY'S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, ANC ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY WARRANTY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY KINDPARTY, WHETHER EXPRESSSUCH NEGLIGENCE BE SOLE, IMPLIEDJOINT OR CONCURRENT, STATUTORYOR ACTIVE OR PASSIVE, ARISING AT COMMON LAWTO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE RELATED TO OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY DAMAGES CALCULATED RATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA HARM OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSLOSS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH YOU AND ANY OTHERS FOR WHOM SERVICES ARE PROVIDED MAY NOT RECOVER FROM US, IN CONTRACT OR TORT, UNDER STATUTE OR OTHERWISE, ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH CLAIMS ARISING OUT OF THIS SECTION 9AGREEMENT OR OTHERWISE RELATING TO THE SERVICES, ICIMS DOES INCLUDING ANY AMOUNT FOR LOSS OF PROFIT, DATA OR GOODWILL, WHETHER OR NOT THE LIKELIHOOD OF SUCH LOSS OR DAMAGE WAS CONTEMPLATED. YOU AND ANY OTHERS FOR WHOM SERVICES ARE PROVIDED MAY NOT RECOVER FROM US, IN CONTRACT OR TORT, UNDER STATUTE OR OTHERWISE, AGGREGATE DAMAGES IN EXCESS ONE HUNDRED DOLLARS (USD $100) FOR THE SERVICES THAT DIRECTLY CAUSED THE LOSS IN CONNECTION WITH CLAIMS ARISING OUT OF THIS AGREEMENT OR OTHERWISE RELATING TO THE SERVICES. THIS LIMITATION WILL NOT APPLY TO LOSSES CAUSED BY OUR FRAUD OR WILLFUL MISCONDUCT OR TO THE EXTENT PROHIBITED BY APPLICABLE LAW OR PROFESSIONAL REGULATIONS. YOU MAY NOT MAKE A CLAIM OR BRING PROCEEDINGS RELATING TO THE SERVICES OR OTHERWISE UNDER THIS AGREEMENT AGAINST ANY PAGROTRONIC MEMBER, SHAREHOLDER, DIRECTORS, OFFICER, OR EMPLOYEES (“PAGOTRONIC PERSONS”). YOU SHALL MAKE ANY CLAIM OR BRING PROCEEDINGS ONLY AGAINST US. THE PROVISIONS OF THIS PARAGRAPH 2 ARE INTENDED TO BENEFIT ALL PAGOTRONIC PERSONS, WHO SHALL BE ENTITLED TO ENFORCE THEM. SIMILARLY, YOU IRREVOCABLY WAIVE ANY CLAIM, LIABILITIES AND EXPRESSLY DISCLAIMS ANY WARRANTY CAUSES OF ACTION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE NATURE AND KIND RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING SERVICES OR THE SUBSCRIPTION, ICIMS CONTENT AND APPLICATIONS AGAINST ANY SERVICES PROVIDED UNDER THIRD-PARTY SERVICE BY WHICH THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTAPPLICATIONS LINKS TO, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS WHICH MAY HAVE ENABLE YOU TO CONNECTO TO THE SUBSCRIPTIONAPPLICATIONS. “THIRD-PARTY SERVICE” MEANS THIRD PARTY PRODUCTS, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTIONAPPLICATIONS, SERVICES, SOFTWARE, NETWORKS, SYSTEMS, DIRECTORIES, WEBSITES, DATABASES AND INFORMATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSNeither you nor we shall be liable for breach of this Agreement caused by circumstances beyond your or our reasonable control.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9THE SERVICE IS PROVIDED “AS-IS”, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS WITHOUT ANY WARRANTY OF ANY KINDOR CONDITION. BOX AND ITS THIRD-PARTY LICENSORS MAKE NO WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED INCLUDING BUT NOT LIMITED TO THE SUBJECT MATTER IMPLIED WARRANTIES OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT MERCHANTABILITY AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. EXCEPT IN THE CASE OF SECTION 7 BELOW, ACCURACYBOX’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THE SERVICE, DATA SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO BOX HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, WITHOUT REGARD TO WHETHER A CLAIM IS BASED ON CONTRACT OR SYSTEM INTEGRITYTORT, AVAILABILITYINCLUDING NEGLIGENCE. IN NO EVENT SHALL BOX OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, TIMELINESSSPECIAL, COMPLETENESSINCIDENTAL, NON-INFRINGEMENTPUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF PROFITS OR REVENUE, LOSS OR CORRUPTION OF DATA, LOSS OF USE OR BUSINESS, OR COSTS OF SUBSTITUTE PROCUREMENT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF BOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOX DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICE WILL PERFORM WITHOUT INTERRUPTION BE UNINTERRUPTED OR ERROR ERROR-FREE, AND NOR DOES BOX MAKE ANY WARRANTY REGARDING SUBSCRIBER’S USE WITH RESPECT TO THE TRANSMISSION OF INFORMATION OVER THE SUBSCRIPTIONINTERNET, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED RESULTING IMPAIRMENT OR DISRUPTION OF YOUR ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSSERVICE.

Limitations. EXCEPT AS EXPRESSLY TO THE EXTENT PERMITTED BY LAW, THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN THIS SECTION 9LIEU OF ALL OTHER WARRANTIES AND REMEDIES, ICIMS DOES AND WE SPECIFICALLY DISCLAIM ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, BUT NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KINDLIMITED TO, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND AGAINST HIDDEN OR LATENT DEFECTS. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS THEN TO THE SUBSCRIPTIONEXTENT PERMITTED BY LAW, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE ALL SUCH WARRANTIES SHALL BE LIMITED IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING DURATION TO THE CONTRARY IN DURATION OF THIS AGREEMENTEXPRESS LIMITED WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY LASTS, ICIMS SO THE ABOVE LIMITATION MAY MAKE CHANGES NOT APPLY TO THE SUBSCRIPTION YOU. WE ARE NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY. IN SOME JURISDICTIONS THE FOREGOING LIMITATION DOES NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSSLY NEGLIGENT ACTS AND/OR OMISSIONS, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF ICIMSDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

Limitations. EXCEPT AS EXPRESSLY SET FORTH Ricoh shall be excused from any delay or failure in performance of the Services under this Agreement for any period if such delay or failure is caused by any event of force majeure or other similar factors beyond its reasonable control. IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY NO EVENT SHALL RICOH’S LIABILITY ARISING OUT OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED, IN THE SUBSCRIPTIONAGGREGATE, ICIMS CONTENT THE AMOUNT RICOH RECEIVED FROM CUSTOMER HEREUNDER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL RICOH BE LIABLE TO THE CUSTOMER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, REVENUE OR PROFIT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND ANY SERVICES PROVIDED WHETHER OR NOT THE BREACHING PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MINIMUM LIMITS OF REQUIRED INSURANCE SET FORTH UNDER SECTION 12 OF EXHIBIT A TO THE PARTICIPATING ADDENDUM WILL IN NO EVENT LIMIT THE LIABILITY OR INDEMNIFICATION OBLIGATIONS OF RICOH UNDER THIS AGREEMENT. WITHOUT WAIVING NEITHER THE GENERALITY OF PROCUREMENT NOR THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE MAINTENANCE OF ANY EQUIPMENT TYPE OF INSURANCE BY RICOH SHALL IN ANY WAY BE CONSTRUED OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE LIMIT, DISCHARGE, WAIVE, OR RELEASE RICOH FROM ANY OF THE OBLIGATIONS AND RISKS IMPOSED UPON IT BY THIS AGREEMENT OR TO BREACH BE A LIMITATION ON THE NATURE OR EXTENT OF WARRANTY OR LIABILITY SUCH OBLIGATIONS AND RISKS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE NON-BREACHING PARTY’S REMEDIES UNDER THIS AGREEMENT FAIL OF ICIMSTHEIR ESSENTIAL PURPOSE.

Limitations. EXCEPT FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. A PARTY’S LIABILITY HEREUNDER SHALL BE LIMITED AS EXPRESSLY SET FORTH IN THIS SECTION 9SUCH PROVISION, ICIMS DOES NOT MAKE AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY DISCLAIMS PROVIDED HEREIN OR IN A TRANSACTION, A PARTY’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY WARRANTY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY KINDPARTY, WHETHER EXPRESSSUCH NEGLIGENCE BE SOLE, IMPLIEDJOINT OR CONCURRENT, STATUTORYOR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, ARISING AT COMMON LAWTHE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE RELATED TO OBTAINING AN ADEQUATE REMEDY IS INCOVENIENT AND THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA HARM OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSLOSS.

Limitations. EXCEPT AS FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 9ARTICLE III (WHICH, ICIMS DOES NOT MAKE FOR THE AVOIDANCE OF DOUBT, ARE QUALIFIED BY ANY RELATED ITEM IN THE DISCLOSURE SCHEDULE), NO SELLER OR PURCHASED COMPANY IS MAKING OR WILL BE DEEMED TO HAVE MADE AND EXPRESSLY DISCLAIMS NOR WILL ANY WARRANTY SELLER OR PURCHASED COMPANY (OR ANY OTHER PERSON) HAVE OR BE SUBJECT TO ANY LIABILITY ARISING OUT OF, RELATING TO OR RESULTING FROM, ANY OTHER REPRESENTATIONS OR WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED (INCLUDING WITH RESPECT TO MERCHANTABILITY OR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE), AS TO THE ACCURACY OR COMPLETENESS OF ANY KINDINFORMATION REGARDING THE BUSINESS, WHETHER THE CONTINUUM STOCK, THE GSI FRANCE STOCK, THE PURCHASED ASSETS, THE ASSUMED LIABILITIES, ANY SELLER, EITHER PURCHASED COMPANY OR THE BUSINESS, FINANCIAL CONDITION AND ASSETS (INCLUDING THE CONDITION, VALUE, QUALITY OR SUITABILITY OF ANY ASSETS) OR LIABILITIES OF THE PURCHASED COMPANIES, THE BUSINESS OR ANY SELLER, AND EACH PURCHASER HEREBY ACKNOWLEDGES AND AGREES THAT PURCHASERS ARE ACQUIRING THE CONTINUUM STOCK, THE GSI FRANCE STOCK, THE PURCHASED ASSETS, THE ASSUMED LIABILITIES AND THE BUSINESS ON AN “AS IS, WHERE IS” BASIS. EACH PURCHASER REPRESENTS, WARRANTS AND ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY PROVIDED IN ARTICLE III, NO SELLER, PURCHASED COMPANY OR ANY OTHER PERSON HAS MADE, AND SELLERS AND PURCHASED COMPANIES HEREBY EXPRESSLY DISCLAIM AND NEGATE, AND PURCHASERS AND THEIR RESPECTIVE AFFILIATES HEREBY EXPRESSLY WAIVE AND ARE NOT RELYING ON ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, BY STATUTE OR OTHERWISE RELATED OTHERWISE, RELATING TO, AND PURCHASERS AND THEIR RESPECTIVE AFFILIATES HEREBY EXPRESSLY WAIVE AND RELINQUISH ANY AND ALL RIGHTS, CLAIMS AND CAUSES OF ACTION IN CONNECTION WITH THE ACCURACY, COMPLETENESS OR MATERIALITY OF ANY REPRESENTATIONS, WARRANTIES, STATEMENTS, INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR ORAL) OR DOCUMENTS HERETOFORE FURNISHED OR MADE AVAILABLE TO ANY PURCHASER OR ANY OF ITS REPRESENTATIVES OR AFFILIATES BY OR ON BEHALF OF ANY SELLER OR PURCHASED COMPANY (IT BEING INTENDED THAT NO SUCH PRIOR REPRESENTATIONS, WARRANTIES, STATEMENTS, INFORMATION, DATA OR OTHER MATERIALS WILL SURVIVE THE SUBJECT MATTER EXECUTION AND DELIVERY OF THIS AGREEMENT). EXCEPT AS SET FORTH EXPRESSLY IN THIS AGREEMENT, SELLERS AND PURCHASED COMPANIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY RELATING TO THE CONTINUUM STOCK, THE GSI STOCK, THE PURCHASED ASSETS, THE ASSUMED LIABILITIES, THE BUSINESS OR ANY ASSET (TANGIBLE, INTANGIBLE OR MIXED) OF THE BUSINESS, INCLUDING THE SUBSCRIPTIONIMPLIED WARRANTIES OF FITNESS, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOINGNON-INFRINGEMENT, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH PURCHASER AND ITS REPRESENTATIVES AND AFFILIATES HAS RECEIVED FROM OR ON BEHALF OF PURCHASED COMPANIES, ACCURACYSELLERS OR THE BUSINESS CERTAIN ESTIMATES, DATA BUDGETS, FORECASTS, PLANS AND FINANCIAL PROJECTIONS (“FORWARD-LOOKING STATEMENTS”), AND EACH PURCHASER ACKNOWLEDGES THAT (I) THERE ARE UNCERTAINTIES INHERENT IN MAKING FORWARD-LOOKING STATEMENTS AND (II) IT IS FAMILIAR WITH SUCH UNCERTAINTIES AND HAS MADE ITS OWN EVALUATION OF THE ADEQUACY AND ACCURACY OF ALL FORWARD-LOOKING STATEMENTS SO FURNISHED TO IT AND ITS REPRESENTATIVES (INCLUDING THE REASONABLENESS OF THE ASSUMPTIONS UNDERLYING FORWARD-LOOKING STATEMENTS WHERE SUCH ASSUMPTIONS ARE EXPLICITLY DISCLOSED). NO PURCHASER OR SYSTEM INTEGRITYANY OF ITS AFFILIATES HAS RELIED UPON, AVAILABILITYAND EACH PURCHASER EXPRESSLY WAIVES AND RELEASES EACH SELLER AND ITS AFFILIATES FROM ANY LIABILITY FOR ANY CLAIMS OR DAMAGES (INCLUDING CLAIMS BASED UPON FRAUDULENT INDUCEMENT) ARISING OUT OF, TIMELINESSRELATING TO OR RESULTING FROM ANY FORWARD-LOOKING STATEMENTS. NO PURCHASED COMPANY, COMPLETENESS, NON-INFRINGEMENTSELLER OR ANY OTHER PERSON IS MAKING ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, OR THAT WILL HAVE OR BE SUBJECT TO ANY LIABILITY TO ANY PURCHASER OR OTHER PERSON RESULTING FROM, THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND DISTRIBUTION TO ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTIONPURCHASER, OR SUBSCRIBER’S ITS USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTOF, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSFORWARD-LOOKING STATEMENTS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH 1. IN NO EVENT WILL APTUITIV INC’S LIABILITY TO YOU IN THE AGGREGATE FOR ANY AND ALL BREACHES, DEFAULTS, OR CLAIM OF LIABILITY UNDER THIS SECTION 9TOS OR AN AGREEMENT INCORPORATED INTO THIS TOS OR FOR AN AGREEMENT INTO WHICH THIS TOS IS INCORPORATED BE EQUAL TO AN AMOUNT GREATER THAN THE FEES PAID BY YOU TO Aptuitiv, ICIMS DOES Inc. DURING THE ONE (1) CALENDAR MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM OF LIABILITY. 2. IN NO EVENT WILL Aptuitiv, Inc., ITS PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, CONTRACTORS OR EMPLOYEES BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY THIRD PARTY, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, MULTIPLE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT MAKE AND EXPRESSLY DISCLAIMS LIMITED TO, ANY WARRANTY LOSS OF DATA, LOSS OF USE, OR INTERRUPTION OF BUSINESS) ARISING OUT OF, OR IN CONNECTION WITH, THIS TOS OR AN AGREEMENT INCORPORATED INTO THIS TOS OR FOR AN AGREEMENT INTO WHICH THIS TOS IS INCORPORATED WHETHER BASED IN CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY KINDSTATUTORY DUTY, WHETHER THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF Aptuitiv, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS TOS AND WITHOUT SUCH LIMITATIONS Aptuitiv, Inc. WOULD NOT ENTER INTO THIS TOS. 3. You agree to indemnify, defend by counsel reasonably accepted to Aptuitiv, Inc., and protect and hold Aptuitiv, Inc. harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, judgments, etc. directly or indirectly arising out of or related to the Services. 4. Nothing in this TOS shall be construed as creating a joint venture, partnership, agency, employment, franchise, or other relationship between you and Aptuitiv, Inc. Also, neither party to this TOS shall have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other. 5. WE DO NOT WARRANT THAT THE SERVICES WILL BE FREE OF ERRORS, BE UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, AND INDEMNITIES, EXPRESS, IMPLIED, IMPLIED OR STATUTORY, ARISING AT COMMON LAWINCLUDING, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENTWITHOUT LIMITATION, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYTITLE, DATA NON- INFRINGEMENT OR SYSTEM INTEGRITYANY OTHER WARRANTY ARISING FROM THE COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY TEMPORARY DELAY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTOUTAGE, OR THAT INTERRUPTION OF THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREESERVICES, AND YOU HAVE NOT ENTERED INTO THIS TOS IN RELIANCE UPON ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTIONREPRESENTATION EXCEPT THOSE SPECIFICIALLY SET FORTH HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ALL SERVICES PROVIDED UNDER THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT TOS WILL BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSACCEPTED WHEN DELIVERED.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS FOR EACH PARTY’S OBLIGATIONS OF CONFIDENTIALITY UNDER SECTION 9, ICIMS DOES NOT MAKE INDEMNIFICATION UNDER SECTIONS 11.1 AND EXPRESSLY DISCLAIMS 11.2, AND INTELLECTUAL PROPERTY UNDER SECTION 12: (A) EXCEPT FOR ANY WARRANTY LIABILITY UNDER SECTION 10.3 ABOVE, NO PARTY WILL BE LIABLE TO ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER IN CONNECTION WITH A BREACH OF THIS AGREEMENT; (B) ANY LOSS DUE TO DAMAGE OR LOSS OF PRODUCTS WILL BE BASED UPON THE COMPANY'S COST OF MANUFACTURING OR ACQUIRING PRODUCTS, INCLUDING NOT ITS SELLING COST; AND (C) COMPANY UNDERSTANDS AND AGREES THAT IT HOLDS TITLE AND RISK OF LOSS FOR THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED PRODUCTS AT THE ICS FACILITY UNDER THE THIS AGREEMENT. WITHOUT WAIVING AS A SERVICE PROVICER, ICS DOES NOT ACCEPT LIABILITY FOR DAMAGE OR LOSS TO THE GENERALITY OF PRODUCT WHILE IN THE ICS FACILITY, EXCEPT FOR LIABILITY FOR THIRD PARTY CLAIMS SUBJECT TO INDEMNIFICATION UNDER SECTION 11.2 BELOW. NOTWITHSTANDING THE FOREGOING, ICIMS ICS AGREES THAT IF DAMAGE OR LOSS TO PRODUCTS IS CAUSED BY: (1) A BREACH OF THIS AGREEMENT BY ICS, ICS SHALL BE LIABLE FOR SUCH LOSS UP TO A MAXIMUM AMOUNT EQUAL TO THE ETF (AS DEFINED UNDER SECTION 10.3(C) ABOVE); OR (2) ICS’S GROSSLY NEGLIGENT OR WILLFUL ACT OR OMISSION, THEN NO LIMITATION OF LIABILITY SHALL APPLY, EXCEPT FOR THE LIMITATIONS OF SECTIONS 10.4(A) AND (B) ABOVE. COMPANY IS RESPONSIBLE FOR ENSURING THAT IT HAS APPROPRIATE INSURANCE IN PLACE TO PROTECT ITSELF FROM POTENTIAL DAMAGE OR LOSS TO ITS PRODUCTS. THE INSURANCE REQUIRED UNDER SECTION 13 BELOW IS A MINIMUM ONLY, AND ICS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS REPRESENT OR WARRANT THAT THESE COVERAGES ARE SUFFICIENT FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBERCOMPANY’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSNEEDS.

Limitations. EXCEPT Section 1. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. A PARTY’S LIABILITY HEREUNDER SHALL BE LIMITED AS EXPRESSLY SET FORTH IN THIS SECTION 9SUCH PROVISION, ICIMS DOES NOT MAKE AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY DISCLAIMS PROVIDED HEREIN OR IN A TRANSACTION, A PARTY’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY WARRANTY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY KINDPARTY, WHETHER EXPRESSSUCH NEGLIGENCE BE SOLE, IMPLIEDJOINT OR CONCURRENT, STATUTORYOR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, ARISING AT COMMON LAWTHE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE RELATED TO OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA HARM OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSLOSS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS FOR EACH PARTY’S OBLIGATIONS OF CONFIDENTIALITY UNDER SECTION 9, ICIMS DOES NOT MAKE INDEMNIFICATION UNDER SECTIONS 11.1 AND EXPRESSLY DISCLAIMS 11.2, AND INTELLECTUAL PROPERTY UNDER SECTION 12: (A) EXCEPT FOR ANY WARRANTY LIABILITY UNDER SECTION 10.3 ABOVE, NO PARTY WILL BE LIABLE TO ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER IN CONNECTION WITH A BREACH OF THIS AGREEMENT; (B) ANY LOSS DUE TO DAMAGE OR LOSS OF PRODUCTS WILL BE BASED UPON THE COMPANY'S COST OF MANUFACTURING OR ACQUIRING PRODUCTS, INCLUDING NOT ITS SELLING COST; AND (C) COMPANY UNDERSTANDS AND AGREES THAT IT HOLDS TITLE AND RISK OF LOSS FOR THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED PRODUCTS AT THE ICS FACILITY UNDER THE THIS AGREEMENT. WITHOUT WAIVING AS A SERVICE PROVICER, ICS DOES NOT ACCEPT LIABILITY FOR DAMAGE OR LOSS [***] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. TO THE GENERALITY OF PRODUCT WHILE IN THE ICS FACILITY, EXCEPT FOR LIABILITY FOR THIRD PARTY CLAIMS SUBJECT TO INDEMNIFICATION UNDER SECTION 11.2 BELOW. NOTWITHSTANDING THE FOREGOING, ICIMS ICS AGREES THAT IF DAMAGE OR LOSS TO PRODUCTS IS CAUSED BY: (1) A BREACH OF THIS AGREEMENT BY ICS, ICS SHALL BE LIABLE FOR SUCH LOSS UP TO A MAXIMUM AMOUNT EQUAL TO THE ETF (AS DEFINED UNDER SECTION 10.3(C) ABOVE); OR (2) ICS’S GROSSLY NEGLIGENT OR WILLFUL ACT OR OMISSION, THEN NO LIMITATION OF LIABILITY SHALL APPLY, EXCEPT FOR THE LIMITATIONS OF SECTIONS 10.4(A) AND (B) ABOVE. COMPANY IS RESPONSIBLE FOR ENSURING THAT IT HAS APPROPRIATE INSURANCE IN PLACE TO PROTECT ITSELF FROM POTENTIAL DAMAGE OR LOSS TO ITS PRODUCTS. THE INSURANCE REQUIRED UNDER SECTION 13 BELOW IS A MINIMUM ONLY, AND ICS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS REPRESENT OR WARRANT THAT THESE COVERAGES ARE SUFFICIENT FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBERCOMPANY’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSNEEDS.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS THE CASE OF A CLAIM UNDER SECTION 98.1, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS NEITHER PARTY NOR ITS AFFILIATES, SUBSIDIARIES, PARENT CORPORATION OR ANY WARRANTY OF ITS PARENT’S AFFILIATES OR SUBSIDIARIES SHALL BE LIABLE FOR ANY KINDINDIRECT, WHETHER EXPRESSINCIDENTAL, IMPLIEDSPECIAL, STATUTORYINDIRECT, ARISING AT COMMON LAWPUNITIVE, OR OTHERWISE RELATED CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PRESENT OR PROSPECTIVE PROFITS OR REVENUES, LOSS OF ACTUAL OR ANTICIPATED ROYALTIES OR OTHER FEES SUSTAINED OR INCURRED IN RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENTSALES OR ANTICIPATED SALES OR EXPENDITURES, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA INVESTMENTS OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION COMMITMENTS MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTIONESTABLISHMENT, DEVELOPMENT, OR MAINTENANCE OF THE SELLING AND MARKETING RELATIONSHIP CREATED BY THIS AGREEMENT OR IN CONNECTION WITH THE PERFORMANCE OF OBLIGATIONS HEREUNDER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING THE FOREGOING, EACH PARTY SHALL INDEMNIFY THE OTHER FOR ANY AND ALL DAMAGES FOR WHICH INDEMNIFICATION IS REQUIRED UNDER SECTION 8.1 TO THE CONTRARY IN THIS AGREEMENTEXTENT SUCH DAMAGES ARE AWARDED TO A THIRD PARTY BY ANY COURT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIMEARBITRATOR, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OTHER JUDICIAL OR LIABILITY OF ICIMSQUASI-JUDICIAL PROCEEDING.

Limitations. (a) THE COMPANY AGREES THAT EXCEPT FOR STN’S RESPONSIBILITY TO Citi (AND Citi’s RESPONSIBILITY TO THE COMPANY UNDER SECTION 7 OF THIS SCHEDULE 3) FOR A THIRD PARTY CLAIM UNDER SECTION 6.3 OF THE STN AGREEMENT (A CLAIM WITH RESPECT TO INFRINGEMENT BY THE LICENSED SYSTEM), STN’S MAXIMUM AGGREGATE TOTAL LIABILITY TO Citi AND ANY CUSTOMER OR CLIENT OF Citi, INCLUDING THE COMPANY, UNDER THIS AGREEMENT AND/OR THE STN AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF THE MONTHLY FEES PAID TO STN BY Citi FOR ALL Citi CUSTOMERS IN THE AGGREGATE FOR THE FIRST SIX MONTHS OF THE STN AGREEMENT. (b) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL THE LIABILITY (BUT EXCLUDING ANY OBLIGATION OF Citi UNDER SECTION 7 OF THIS SCHEDULE 3 TO SHARE WITH THE COMPANY CERTAIN INDEMNIFICATION PROCEEDS RECEIVED FROM STN) OF Citi, ITS AFFILIATES OR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID TO Citi BY THE COMPANY, EXCLUDING FEES CHARGED BY PROFESSIONAL FIRMS FOR NEGOTIATION OF SHAREHOLDER INFORMATION AGREEMENTS AS EXPRESSLY SET FORTH IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED ON SCHEDULE 2 TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS WITH RESPECT TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH SERVICES DURING THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO 6 MONTHS IMMEDIATELY PRECEDING THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO DATE ON WHICH THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSFIRST CLAIM FOR DAMAGES IS ASSERTED AGAINST Citi.

Limitations. EXCEPT AS EXPRESSLY SET FORTH THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLERS CONTAINED IN THIS SECTION 9AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, ICIMS DOES NOT MAKE EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE QUALITY, QUANTITY OR VOLUME OF THE RESERVES, IF ANY, OF OIL, GAS OR OTHER HYDROCARBONS IN OR UNDER THE LEASES, OR THE ENVIRONMENTAL CONDITION OF THE ASSETS. THE ITEMS OF PERSONAL PROPERTY, EQUIPMENT, IMPROVEMENTS, FIXTURES AND EXPRESSLY DISCLAIMS APPURTENANCES CONVEYED AS PART OF THE ASSETS ARE SOLD HEREUNDER "AS IS, WHERE IS", AND NO WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF ANY KINDQUALITY, WHETHER EXPRESSMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONDITION, ARE GIVEN BY OR ON BEHALF OF SELLERS. IT IS UNDERSTOOD AND AGREED THAT PRIOR TO CLOSING BUYER SHALL HAVE INSPECTED THE ASSETS FOR BUYER'S PURPOSES AND HAVE FULLY SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, AND THAT BUYER ACCEPTS SAME IN THEIR "AS IS, WHERE IS" CONDITION. THE WARRANTIES OF SELLERS CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORYAND BUYER HEREBY WAIVES ALL WARRANTIES, ARISING AT COMMON LAWEXPRESS OR IMPLIED, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENTINCLUDING, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND WITHOUT LIMITATION ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR CONDITION, OR CONFORMITY TO SAMPLES. EXCEPT FOR THE WARRANTIES AND REPRESENTATIONS PROVIDED IN ARTICLE IV AND THIS SECTION 14.1 SELLERS DO NOT MAKE OR PROVIDE, AND BUYER HEREBY WAIVES, ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, COMPLETENESS OR MATERIALITY OF THE INFORMATION, RECORDS, AND DATA OR SYSTEM INTEGRITYNOW, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTHERETOFORE, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION HEREAFTER MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS AVAILABLE TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE BUYER IN CONNECTION WITH THE SUBSCRIPTIONASSETS OR THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ANY DESCRIPTION OF THE ASSETS, QUALITY OR QUANTITY OF HYDROCARBON RESERVES, IF ANY, PRODUCTION RATES, RECOMPLETION OPPORTUNITIES, DECLINE RATES, POTENTIAL FOR PRODUCTION OF HYDROCARBONS FROM THE LEASES, OR ANY OTHER MATTERS CONTAINED IN ANY OTHER MATERIAL FURNISHED TO BUYER BY SELLERS OR BY SELLERS' AGENTS OR REPRESENTATIVES). NOTWITHSTANDING ANYTHING TO ANY AND ALL SUCH DATA, INFORMATION AND MATERIAL FURNISHED BY SELLERS IS PROVIDED AS A CONVENIENCE ONLY AND ANY RELIANCE ON OR USE OF SAME IS AT BUYER'S SOLE RISK. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE CONTRARY IN FACE OF THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMS. BUYER ACKNOWLEDGES THAT THIS WAIVER IS CONSPICUOUS.

Limitations. a. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9CONNECTION WITH A BREACH OF SECTIONS 2.01, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND2.02, WHETHER EXPRESS2.03, IMPLIED11, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER and 13 OF THIS AGREEMENT, INCLUDING AND THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY INDEMNIFICATION OBLIGATIONS OF THE FOREGOINGPARTIES UNDER ARTICLE 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY WARRANTY OF MERCHANTABILITYOTHER PERSON OR ENTITY FOR ANY INDIRECT, FITNESS FOR A PARTICULAR PURPOSEINCIDENTAL, ACCURACYCONSEQUENTIAL, DATA OR SYSTEM INTEGRITYSPECIAL, AVAILABILITYPUNITIVE, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTEXEMPLARY, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE EXTRA-CONTRACTUAL DAMAGES OF ANY EQUIPMENT KIND WHATSOEVER ARISING FROM OR SOFTWARE IN CONNECTION CONNECTED WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIMEINCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, OR LOSS OF BUSINESS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT FORESEEABLE, EVEN IF EITHER PARTY HERETO HAS BEEN ADVISED OF THE CORRESPONDING DOCUMENTATIONPOSSIBILITY OR PROBABILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED BY THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. THE REMEDIES PROVIDED BY THIS AGREEMENT AND THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES, SOME OF WHICH MAY BE UNKNOWN OR UNDETERMINABLE. THESE LIMITATIONS ARE A MATERIAL INDUCEMENT FOR THE PARTIES TO THIS AGREEMENT TO ENTER INTO THIS AGREEMENT, AND THOSE CHANGES SHALL THE PARTIES TO THIS AGREEMENT HAVE RELIED UPON THESE PROVISIONS IN DETERMINING WHETHER OR NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSENTER INTO THIS AGREEMENT.

Limitations. (a) EXCEPT AS OTHERWISE EXPRESSLY SET FORTH PROVIDED IN THIS SECTION 9AGREEMENT, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY HE PARTIES AGREE THAT ANI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIEDIMPLIED OR OTHERWISE, STATUTORY, ARISING AT COMMON LAW, AND SPECIFICALLY DISCLAIMS AND SHALL NOT BE LIABLE TO JDS OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND OTHERS IN RESPECT OF: (i) ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE PRODUCTS, ACCURACYWHETHER USED ALONE OR IN COMBINATION WITH OTHER SUBSTANCES OR MATERIALS; (ii) ANY LIABILITY FOR SPECIAL, DATA INCIDENTAL OR SYSTEM INTEGRITYCONSEQUENTIAL DAMAGES (OTHER THAN TO THE EXTENT REASONABLY FORESEEABLE IN LIGHT OF THE OBJECTIVES OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT , AVAILABILITYBUT SUBJECT TO THE FURTHER LIMITATIONS IN SECTION 3.3(C) BELOW), TIMELINESSWHETHER ARISING OUT OF A BREACH OF THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN OR OTHERWISE AND WHETHER IN CONTRACT, COMPLETENESSNEGLIGENCE, NON-INFRINGEMENTSTRICT LIABILITY OR OTHERWISE; AND (iii) ANY LIABILITY TO THE EXTENT ARISING AS A RESULT OF PRODUCTS: (I) HAVING BEEN TAMPERED WITH OTHER THAN BY ANI OR ITS AGENTS, (II) HAVING BEEN SUBJECT TO MISUSE, NEGLIGENCE OR ACCIDENT OTHER THAN BY ANI OR ITS AGENTS, (III) HAVING BEEN STORED, HANDLED OR USED OTHER THAN BY ANI OR ITS AGENTS IN A MANNER CONTRARY TO REGULATORY STANDARDS OR THE INSTRUCTIONS CONTAINED ON LABELING, OR THAT (IV) HAVING EXCEEDED ITS STATED EXPIRATION. (b) THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE MAXIMUM AGGREGATE LIABILITY OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN EITHER PARTY UNDER THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES AGREEMENT SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSIN ANY EVENT EXCEED ***.

Limitations. EXCEPT AS EXPRESSLY SET FORTH THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN THIS SECTION 9AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, ICIMS DOES NOT MAKE EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATIONS ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, TITLE TO THE ASSETS, THE QUALITY, QUANTITY OR VOLUME OF THE RESERVES, IF ANY, OF OIL, GAS OR OTHER HYDROCARBONS IN OR UNDER THE ASSETS, OR THE ENVIRONMENTAL CONDITION OF THE ASSETS. THE APPURTENANCES CONVEYED AS PART OF THE ASSETS ARE SOLD HEREUNDER "AS IS, WHERE IS, AND EXPRESSLY DISCLAIMS WITH ALL FAULTS" AND NO WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF ANY KINDQUALITY, WHETHER EXPRESSMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONDITION, ARE GIVEN BY OR ON BEHALF OF THE SELLER. IT IS UNDERSTOOD AND AGREED THAT PRIOR TO CLOSING BUYER SHALL HAVE INSPECTED THE ASSETS FOR ALL PURPOSES AND HAS SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, AND THAT BUYER ACCEPTS SAME IN ITS "AS IS, WHERE IS, AND WITH ALL FAULTS" CONDITION. THE WARRANTIES OF SELLER CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORYAND BUYER HEREBY WAIVES ALL WARRANTIES, ARISING AT COMMON LAWEXPRESS OR IMPLIED, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENTINCLUDING, INCLUDING THE SUBSCRIPTIONWITHOUT LIMITATION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA PURPOSE OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENTCONDITION, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS CONFORMITY TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSSAMPLES.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 947 23.1 Limitation of Remedies, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY Liability and Damages. THERE IS NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, MERCHANTABILITY OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREEPURPOSE WITH RESPECT TO ANY PRODUCT, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURE OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTIONESSENTIAL PURPOSES HEREOF. NOTWITHSTANDING ANYTHING TO THE CONTRARY UNLESS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY (OTHER THAN INJUNCTIVE RELIEF AS PROVIDED IN THIS AGREEMENT) ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES TO BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY (OTHER THAN INJUNCTIVE RELIEF AS PROVIDED IN THIS AGREEMENT) ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, WHATSOEVER UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION, BY STATUTE, IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE, (PROVIDED THAT THE FOREGOING EXCLUSION SHALL NOT PRECLUDE RECOVERY BY A PARTY OF THE TERMINATION PAYMENT OR ANY LIQUIDATED DAMAGES EXPRESSLY HEREIN PROVIDED, NOR SHALL IT BE CONSTRUED TO LIMIT RECOVERY BY AN INDEMNITEE UNDER ANY INDEMNITY PROVISION IN RESPECT OF A THIRD PARTY CLAIM), RESULTING FROM A PARTY’S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER OR TERMINATION OF THIS AGREEMENT. THE PARTIES INTEND THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE SUBSCRIPTION FROM TIME TO TIMECAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE CORRESPONDING DOCUMENTATIONEXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THOSE CHANGES SHALL NOT BE DEEMED THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. NOTHING IN THIS SECTION PREVENTS OR IS INTENDED TO GIVE RISE TO BREACH OF WARRANTY PREVENT BUYER FROM PROCEEDING AGAINST OR LIABILITY OF ICIMS.EXERCISING ITS RIGHTS UNDER THE SECURITY DOCUMENTS. 47

Limitations. EXCEPT AS EXPRESSLY SET FORTH 1. The laws of the state of Georgia shall govern the rights and duties of the parties under this Limited Warranty. This Limited Warranty gives you specific legal rights, and you may also have other legal rights which vary from state to state. This Limited Warranty applies only to Products installed in the United States. THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY BLUELINX FOR THE PRODUCTS, AND IS IN THIS SECTION 9LIEU OF ALL OTHER WARRANTIES, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KINDWRITTEN OR ORAL, EXPRESS OR IMPLIED, WHETHER EXPRESSARISING BY OPERATION OF LAW OR OTHERWISE, IMPLIEDBY BLUELINX, STATUTORYINCLUDING, ARISING AT COMMON LAWWITHOUT LIMITATION, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYCONDITION OR QUALITY OF THE PRODUCT OR SERVICE, DATA OR SYSTEM INTEGRITYANY TRADE USAGE (EXCEPT FOR THOSE IMPLIED WARRANTIES APPLICABLE UNDER LAW, AVAILABILITYWHICH , TIMELINESSWHERE PERMITTED BY APPLICABLE LAW, COMPLETENESSARE HEREBY DEEMED LIMITED TO THE DURATION OF THE GIVEN WARRANTY PERIOD STATED HEREIN) WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED AND WHETHER OR NOT THE PRODUCT HAS BEEN SPECIFICALLY DESIGNED OR MANUFACTURED FOR THE QUALIFIED OWNER’S USE OR PURPOSE. NO DISTRIBUTOR, NON-DEALER, RESELLER, SALESPERSON, OR ANY REPRESENTATIVE OF BLUELINX HAS THE AUTHORITY TO MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR TO ALTER OR CHANGE THIS LIMITED WARRANTY, WHETHER ORALLY OR IN WRITING. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BLUELINX BE LIABLE TO THE QUALIFIED OWNER FOR ANY LOST OR PROSPECTIVE PROFITS, LOSS OR DAMAGE ARISING FROM DELAY IN PERFORMANCE, OR FROM ATTEMPTS OR FAILURE TO REMEDY DEFECTS, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR THAT OTHERWISE), OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION PURCHASE OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA PRODUCT OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING RESULTING FROM THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTIONBREACH OF THIS LIMITED WARRANTY, OR SUBSCRIBER’S ANY IMPLIED WARRANTY. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF BLUELINX EXCEED THE PURCHASE PRICE OF THE DEFECTIVE PRODUCT. FOR THE SAKE OF CLARITY, THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF USE OF ANY EQUIPMENT AND LOSS OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING DAMAGE TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATIONPROPERTY, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH INCIDENTAL AND CONSEQUENTIAL DAMAGES REFERENCED IN SECTION 2-715 OF WARRANTY OR LIABILITY OF ICIMSTHE GEORGIA UCC.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, ICIMS DOES NOT MAKE FOR THE SKILL. YOU ACKNOWLEDGE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR AGREE THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, THE USE OF THE SKILL MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE CORRESPONDING DOCUMENTATIONEMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SKILL CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SKILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND THOSE CHANGES NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SKILL THAT YOU DO NOT BE DEEMED TO GIVE STATE IN WRITING IN A COMPLAINT FILED IN A COURT WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF WARRANTY CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ICIMSOUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THESE TERMS SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $100 (ONE HUNDRED DOLLARS).

Limitations. EXCEPT AS EXPRESSLY (a) SUBJECT TO, AND WITHOUT LIMITATION OF, PURCHASER’S RIGHT TO INDEMNIFICATION PURSUANT TO ARTICLE 11, THE REPRESENTATIONS AND WARRANTIES OF SELLER SET FORTH IN THIS ARTICLE 4, THE CORRESPONDING CERTIFICATION IN THE CERTIFICATE TO BE DELIVERED AT CLOSING PURSUANT TO SECTION 98.2(e) AS TO THE ACCURACY AS OF THE CLOSING DATE OF THE REPRESENTATIONS AND WARRANTIES OF SELLER SET FORTH IN THIS ARTICLE 4, ICIMS DOES NOT MAKE THE SPECIAL WARRANTY OF TITLE IN THE ASSIGNMENT AND BILL OF SALE, THE SPECIAL WARRANTY OF TITLE IN THE MINERAL DEED AND THE TERMS AND PROVISIONS OF THE OTHER TRANSACTION AGREEMENTS, (I) SELLER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND (II) SELLER EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY REPRESENTATION, WARRANTY, STATEMENT, OR INFORMATION MADE OR COMMUNICATED (ORALLY OR IN WRITING) TO PURCHASER OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, CONSULTANTS, OR OTHER REPRESENTATIVES (INCLUDING ANY OPINION, INFORMATION, PROJECTION, OR ADVICE THAT MAY HAVE BEEN PROVIDED TO PURCHASER BY ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, CONSULTANT, ADVISOR OR OTHER REPRESENTATIVE OF SELLER OR ANY MEMBER OF SELLER GROUP). (b) SUBJECT TO, AND WITHOUT LIMITATION OF PURCHASER’S RIGHT TO INDEMNIFICATION PURSUANT TO ARTICLE 11, AND THE TERMS AND PROVISIONS OF THE OTHER TRANSACTION AGREEMENTS, THE REPRESENTATIONS AND WARRANTIES OF SELLER SET FORTH IN THIS ARTICLE 4, THE CORRESPONDING CERTIFICATION IN THE CERTIFICATE TO BE DELIVERED AT CLOSING PURSUANT TO SECTION 8.2(e) AS TO THE ACCURACY AS OF THE CLOSING DATE OF THE REPRESENTATIONS AND WARRANTIES OF SELLER SET FORTH IN THIS ARTICLE 4, THE SPECIAL WARRANTY OF DEFENSIBLE TITLE IN THE ASSIGNMENT AND BILL OF SALE AND THE SPECIAL WARRANTY OF TITLE IN THE MINERAL DEED, SELLER MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS, ANY KINDOTHER REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY AS TO (I) TITLE TO ANY OF THE ASSETS, (II) THE CONTENTS, CHARACTER, OR NATURE OF ANY DESCRIPTIVE MEMORANDUM, OR ANY REPORT OF ANY PETROLEUM ENGINEERING CONSULTANT OF SELLER, OR ANY GEOLOGICAL OR SEISMIC DATA OR INTERPRETATION, RELATING TO THE ASSETS, (III) THE QUANTITY, QUALITY, OR RECOVERABILITY OF HYDROCARBONS IN OR FROM THE ASSETS, (IV) THE EXISTENCE OF ANY PROSPECT, RECOMPLETION, INFILL, OR STEP-OUT DRILLING OPPORTUNITIES, (V) ANY ESTIMATES OF THE VALUE OF THE ASSETS OR FUTURE REVENUES GENERATED BY THE ASSETS, (VI) THE PRODUCTION OF HYDROCARBONS FROM THE ASSETS, OR WHETHER PRODUCTION HAS BEEN CONTINUOUS, OR IN PAYING QUANTITIES, OR ANY PRODUCTION OR DECLINE RATES, (VII) THE MAINTENANCE, REPAIR, CONDITION, QUALITY, SUITABILITY, DESIGN OR MARKETABILITY OF THE ASSETS, (VIII) INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT, (IX) ANY OTHER MATERIALS OR INFORMATION THAT MAY HAVE BEEN MADE AVAILABLE OR COMMUNICATED TO PURCHASER OR ITS AFFILIATES, OR ITS OR THEIR EMPLOYEES, AGENTS, CONSULTANTS, REPRESENTATIVES, OR ADVISORS IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY DISCUSSION OR PRESENTATION RELATING THERETO AND (X) COMPLIANCE WITH ANY ENVIRONMENTAL LAW OR THE ENVIRONMENTAL CONDITION OF ANY OF THE ASSETS, AND FURTHER DISCLAIMS ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, CONFORMITY TO MODELS OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE SAMPLES OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE MATERIALS OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH EQUIPMENT, IT BEING EXPRESSLY UNDERSTOOD AND AGREED BY THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY PARTIES THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES THE ASSETS ARE BEING TRANSFERRED “AS IS, WHERE IS,” WITH ALL FAULTS AND DEFECTS, AND THAT PURCHASER HAS MADE OR CAUSED TO BE MADE SUCH INSPECTIONS AS PURCHASER DEEMS APPROPRIATE TO ENTER INTO THIS AGREEMENT ON THE EXECUTION DATE. SELLER AND PURCHASER AGREE THAT, TO THE SUBSCRIPTION FROM TIME EXTENT REQUIRED BY APPLICABLE LAW TO TIMEBE EFFECTIVE, THE DISCLAIMERS OF CERTAIN REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS SECTION ARE “CONSPICUOUS” DISCLAIMERS FOR PURPOSES OF ANY APPLICABLE LAW, RULE OR THE CORRESPONDING DOCUMENTATIONORDER. (c) Inclusion of a matter on any of the Schedules which are referenced in this Article 4 (such Schedules, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSas amended in accordance with and subject to the terms of Section 6.8(a), the “Seller Disclosure Schedules”) with respect to a representation or warranty that addresses matters having a Seller Material Adverse Effect shall not be deemed an indication that such matter does, or may, have a Seller Material Adverse Effect. The Seller Disclosure Schedules may include matters not required by the terms of the Agreement to be listed on the schedules, which additional matters are disclosed for purposes of information only, and inclusion of any such matter does not mean that all such matters are included. A matter scheduled on any of the Seller Disclosure Schedules as an exception for any representation and/or warranty shall be deemed to be an exception to all representations and/or warranties for which it is relevant, but only to the extent such relevance is reasonably apparent based on the face of the disclosure in which such matter is disclosed in the Seller Disclosure Schedules.

Limitations. (a) EXCEPT AS EXPRESSLY OTHERWISE SET FORTH HEREIN, A PARTY SHALL NOT BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EXCESS OF THE AMOUNT OF ANY INSURANCE PROCEEDS RECOVERABLE UNDER THE LIABLE PARTY’S INSURANCE POLICIES, WHICH POLICIES SHALL INCLUDE COVERAGE NOT LESS THAN THAT CONTEMPLATED IN SECTION 12.9; PROVIDED, HOWEVER, THE FOREGOING SHALL NOT APPLY TO DAMAGES OR LOSSES RELATED TO THIRD PARTY CLAIMS; BREACHES OF ARTICLES 9 OR 11; OR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, NEGLIGENT OR INTENTIONAL MISREPRESENTATION OR FRAUD. (b) FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY SHALL BE INTERPRETED TO LIMIT THE INDEMNIFICATION OBLIGATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE PARTY IN CONNECTION WITH A THIRD PARTY CLAIM EVEN IF THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTRELATED DAMAGES ARE CHARACTERIZED AS BEING SPECIAL, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIMECONSEQUENTIAL, INCIDENTAL, INDIRECT OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OTHER LIKE DAMAGES OR LIABILITY OF ICIMSLOSSES.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTRARY, THIS ARTICLE 6 AND THE INDEMNITY OF SELLER AS SET FORTH IN THIS AGREEMENTSECTION 9.6(a) ARE INTENDED TO BE THE SOLE AND EXCLUSIVE REMEDY THAT BUYER SHALL HAVE AGAINST SELLER WITH RESPECT TO ANY MATTER OR CIRCUMSTANCE RELATING TO ENVIRONMENTAL LAWS, ICIMS THE RELEASE OF MATERIALS INTO THE ENVIRONMENT OR PROTECTION OF THE ENVIRONMENT OR HEALTH AND SAFETY. EXCEPT AS SET FORTH IN ARTICLE 6 AND MATTERS FOR WHICH BUYER IS ENTITLED TO INDEMNIFICATION FROM SELLER PURSUANT TO SECTION 9.6(a), BUYER HEREBY RELEASES AND DISCHARGES ANY AND ALL CLAIMS AT LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO ENVIRONMENTAL CLAIMS, KNOWN OR UNKNOWN, WHETHER NOW EXISTING OR ARISING IN THE FUTURE, CONTINGENT OR OTHERWISE, AGAINST SELLER WITH RESPECT TO ANY MATTER OR CIRCUMSTANCE RELATING TO ENVIRONMENTAL LAWS, THE RELEASE OF MATERIALS INTO THE ENVIRONMENT OR PROTECTION OF THE ENVIRONMENT OR HEALTH AND SAFETY. BUYER ACKNOWLEDGES THAT SELLER HAS NOT MADE AND WILL MAKE NO REPRESENTATION OR WARRANTY REGARDING ANY MATTER OR CIRCUMSTANCE RELATING TO ENVIRONMENTAL LAWS OR ENVIRONMENTAL CLAIMS, THE RELEASE OF MATERIALS INTO THE ENVIRONMENT OR PROTECTION OF THE ENVIRONMENT OR HEALTH AND SAFETY. EXCEPT AS SET FORTH IN ARTICLE 6 AND MATTERS FOR WHICH BUYER IS ENTITLED TO INDEMNIFICATION FROM SELLER PURSUANT TO SECTION 9.6(a), BUYER HEREBY AGREES TO ASSUME THE RISK THAT THE INTERESTS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIMECONTAIN WASTE MATERIALS, INCLUDING NATURALLY OCCURRING RADIOACTIVE MATERIALS OR THE CORRESPONDING DOCUMENTATIONHAZARDOUS SUBSTANCES, AND THOSE CHANGES SHALL THAT ADVERSE PHYSICAL CONDITIONS, INCLUDING THE PRESENCE OF UNKNOWN ABANDONED OIL AND GAS ▇▇▇▇▇, WATER ▇▇▇▇▇, SUMPS AND PIPELINES, MAY NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSHAVE BEEN REVEALED BY BUYER’S INVESTIGATION.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9THE PARTIES ARE AWARE THAT THERE ARE CONSTITUTIONAL AND STATUTORY LIMITATIONS ON THE AUTHORITY OWNER (A STATE AGENCY) TO ENTER INTO CERTAIN TERMS AND CONDITIONS OF THE AGREEMENT, ICIMS DOES INCLUDING, BUT NOT MAKE LIMITED TO, THOSE TERMS AND EXPRESSLY DISCLAIMS ANY WARRANTY CONDITIONS RELATING TO LIENS ON OWNER’S PROPERTY; DISCLAIMERS AND LIMITATIONS OF ANY KINDWARRANTIES; DISCLAIMERS AND LIMITATIONS OF LIABILITY FOR DAMAGES; WAIVERS, WHETHER EXPRESSDISCLAIMERS AND LIMITATIONS OF LEGAL RIGHTS, IMPLIEDREMEDIES, STATUTORYREQUIREMENTS AND PROCESSES; LIMITATIONS OF PERIODS TO BRING LEGAL ACTION; GRANTING CONTROL OF LITIGATION OR SETTLEMENT TO ANOTHER PARTY; LIABILITY FOR ACTS OR OMISSIONS OF THIRD PARTIES; PAYMENT OF ATTORNEYS’ FEES; DISPUTE RESOLUTION; INDEMNITIES; AND CONFIDENTIALITY (COLLECTIVELY, ARISING AT COMMON LAWTHE “LIMITATIONS”), OR OTHERWISE AND TERMS AND CONDITIONS RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING LIMITATIONS WILL NOT BE BINDING ON OWNER EXCEPT TO THE SUBSCRIPTION, ICIMS CONTENT EXTENT AUTHORIZED BY THE LAWS AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY CONSTITUTION OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY STATE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTIONTEXAS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES OWNER SHALL NOT BE DEEMED LIABLE TO GIVE RISE ARCHITECT/ENGINEER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM OWNER’S PERFORMANCE OR ANY FAILURE TO BREACH PERFORM HEREUNDER INCLUDING WITHOUT LIMITATION LOSS OF WARRANTY ANTICIPATED PROFITS OR LIABILITY BENEFITS, EVEN IF ADVISED OF ICIMSTHE POSSIBILITY OF SUCH DAMAGES.

Limitations. EXCEPT AS EXPRESSLY SET FORTH OTHERWISE PROVIDED IN SECTION 14.02 (EXCLUSIONS), IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR TO ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR OTHER DAMAGES OR LOSSES WHATSOEVER ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT, THE STLA UNDERTAKINGS, ANY STLA WORK, THE AAI UNDERTAKINGS, ANY AAI WORK, ANY WORK RESULTS, MEETING ANY TIMING REQUIREMENTS, OR THE PROSPECTS, RESULTS, OR SUCCESS THEREOF, REGARDLESS OF (A) WHETHER SUCH DAMAGES OR LOSSES WERE FORESEEABLE, (B) WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTORY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. EXCEPT AS OTHERWISE PROVIDED IN SECTION 14.02 (EXCLUSIONS), IN NO EVENT WILL EITHER PARTY’S TOTAL LIABILITY TO OTHER PARTY IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT OF [***] ($[***]), REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM OR LIABILITY IS BASED, AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 9, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY 14.01 ARE AN ESSENTIAL PART OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE BASIS OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING BARGAIN BETWEEN THE SUBSCRIPTION, UNAUTHORIZED ACCESS PARTIES AND WILL APPLY EVEN IF THE REMEDIES AVAILABLE HEREUNDER ARE FOUND TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSFAIL THEIR ESSENTIAL PURPOSE.

Limitations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9XIV.1 Limitation of Remedies, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY Liability and Damages . THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY KIND, INCLUDING WITH RESPECT TO ANY UNIT, PRODUCT OR SERVICE PROVIDED BY EITHER PARTY HEREUNDER, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED EXCEPT TO THE EXTENT EXPRESSLY SET FORTH HEREIN. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE, PROVIDED THAT THE FOREGOING EXCLUSION SHALL NOT PRECLUDE RECOVERY BY A PARTY OF THE TERMINATION PAYMENT OR ANY LIQUIDATED DAMAGES EXPRESSLY HEREIN PROVIDED, NOR SHALL IT BE CONSTRUED TO LIMIT RECOVERY BY AN INDEMNITEE UNDER ANY INDEMNITY PROVISION IN RESPECT OF A THIRD PARTY CLAIM. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 10.2 (INDEMNITIES), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER EXPRESSSUCH NEGLIGENCE BE SOLE, IMPLIEDJOINT OR CONCURRENT, STATUTORYOR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, ARISING AT COMMON LAWINCLUDING FORFEITURES OF DEPOSITS, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE RELATED TO OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA HARM OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSLOSS.

Limitations. EXCEPT AS EXPRESSLY IN NO EVENT SHALL MySite101 HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO MySite101 , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. MySite101 SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MySite101 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF MySite101 TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO MySite101 BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET FORTH BY MySite101 UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE MySite101 FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 96.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KINDIN SUCH STATES, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED OUR LIABILITY IS LIMITED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSEXTENT PERMITTED BY LAW.

Limitations. EXCEPT AS EXPRESSLY SET FORTH (i) The laws of the state of Georgia shall govern the rights and duties of the parties under this Limited Warranty. This Limited Warranty gives you specific legal rights, and you may also have other legal rights which vary from state to state. This Limited Warranty applies only to Products installed in the United States. THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY BLUELINX FOR THE PRODUCTS, AND IS IN THIS SECTION 9LIEU OF ALL OTHER WARRANTIES, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KINDWRITTEN OR ORAL, EXPRESS OR IMPLIED, WHETHER EXPRESSARISING BY OPERATION OF LAW OR OTHERWISE, IMPLIEDBY BLUELINX, STATUTORYINCLUDING, ARISING AT COMMON LAWWITHOUT LIMITATION, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYCONDITION OR QUALITY OF THE PRODUCT OR SERVICE, DATA OR SYSTEM INTEGRITYANY TRADE USAGE (EXCEPT FOR THOSE IMPLIED WARRANTIES APPLICABLE UNDER LAW, AVAILABILITYWHICH , TIMELINESSWHERE PERMITTED BY APPLICABLE LAW, COMPLETENESSARE HEREBY DEEMED LIMITED TO THE DURATION OF THE GIVEN WARRANTY PERIOD STATED HEREIN) WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED AND WHETHER OR NOT THE PRODUCT HAS BEEN SPECIFICALLY DESIGNED OR MANUFACTURED FOR THE QUALIFIED OWNER’S USE OR PURPOSE. NO DISTRIBUTOR, NON-DEALER, RESELLER, SALESPERSON, OR ANY REPRESENTATIVE OF BLUELINX HAS THE AUTHORITY TO MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR TO ALTER OR CHANGE THIS LIMITED WARRANTY, WHETHER ORALLY OR IN WRITING. Some states do not allow limitations on how long an implied warranty lasts so the above limitations may not apply to the Qualified Owner. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BLUELINX BE LIABLE TO THE QUALIFIED OWNER FOR ANY LOST OR PROSPECTIVE PROFITS, LOSSES OR DAMAGES ARISING FROM DELAY IN PERFORMANCE, OR FROM ATTEMPTS OR FAILURE TO REMEDY DEFECTS, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR THAT OTHERWISE), OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION PURCHASE OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA PRODUCT OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING RESULTING FROM THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTIONBREACH OF THIS LIMITED WARRANTY, OR SUBSCRIBER’S USE ANY IMPLIED WARRANTY. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH BLUELINX EXCEED THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO PURCHASE PRICE OF THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, DEFECTIVE PRODUCT (OR THE CORRESPONDING DOCUMENTATIONAPPLICABLE MULTIPLE OF THE PURCHASE PRICE DESCRIBED IN SECTION 1 ABOVE. FOR THE SAKE OF CLARITY, THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF USE AND LOSS OR DAMAGE TO PROPERTY, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH INCIDENTAL AND CONSEQUENTIAL DAMAGES REFERENCED IN SECTION 2-715 OF WARRANTY OR LIABILITY OF ICIMSTHE GEORGIA UCC. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. (ii) BlueLinx shall have no responsibility hereunder for defective Product subjected to further processing, modifications, or alteration after shipment. (iii) Any refund or material replacement by BlueLinx pursuant to Section 1 hereof shall constitute a full settlement and release of all claims of any Qualified Owner hereunder for damages or other relief, and shall be a complete bar to any litigation filed subsequent to the Qualified Owner’s acceptance of such refund or replacement. (iv) BlueLinx reserves the right to discontinue any of its Products without notice and shall not have any liability as a result of such discontinuation. Should the product covered by this Limited Warranty be discontinued, BlueLinx shall have the right to substitute a product of substantially equal quality at its sole discretion. It is understood that normal exposure to the elements may preclude a perfect color or finish match with replacement materials.

Limitations. Any warranties and liabilities with respect to the Services and goods provided hereunder shall be limited as follows: a. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 9HEREIN, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY TAX PRO MAKES NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYWITH RESPECT TO THE OPERATION, ARISING AT COMMON LAWCAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY CAPABILITIES OF THE FOREGOINGPRODUCTS, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS THE SYSTEM, OR ANY SERVICES, GOODS, OR PERSONNEL RESOURCES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR . b. CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT IT IS SOLELY REPONSIBLE FOR THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, ACCURACY AND ANY WARRANTY REGARDING SUBSCRIBER’S USE COMPLETENESS OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING ENTERED INTO THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, PRODUCT AND THOSE CHANGES THAT TAX PRO SHALL NOT BE DEEMED RESPONSIBLE OR LIABLE FOR THE ACCURACY OR CORRECTNESS OF ANY OUTPUT, RESULTS, OR REPORTS CREATED BY THE PRODUCTS TO GIVE RISE THE EXTENT THAT SAID OUTPUT, RESULTS, OR REPORTS RESULT FROM, DERIVE FROM, OR ARE IMPACTED BY ANY FUNCTIONS OF THE PRODUCTS DEPENDENT UPON DATA ENTERED INTO IT OR OTHERWISE PROVIDED BY CUSTOMER. c. CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT TAX PRO IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATION OR WARRANTIES WITH RESPECT TO BREACH OF WARRANTY ANY CONCLUSIONS OR LIABILITY OF ICIMSRULINGS MADE BY THE INTERNAL REVENUE SERVICE WITH RESPECT TO ANY COST SEGREGATION STUDIES AND/OR ASSOCIATED ANALYSIS OR REPORTS SUBMITTED TO IT OR WITH RESPECT TO ANY OTHER TAX FILINGS MADE IN RESLIANCE UPON OR SUPPORTED BY SUCH COST SEGREGATION STUDIES, INCLUDING BUT NOT LIMITED TO THOSE CREATED, PERFORMED, OTHERWISE UNDERTAKE BY, THROUGH, OR IN CONJUNCTION WITH THE PRODUCTS AND/OR SERVICES UNDER THIS AGREEMENT.

Limitations. EXCEPT AS EXPRESSLY TO THE EXTENT PERMITTED BY LAW, THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN THIS SECTION 9LIEU OF ALL OTHER WARRANTIES AND REMEDIES, ICIMS DOES AND WE SPECIFICALLYDISCLAIM ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, BUT NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KINDLIMITED TO, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING AT COMMON LAW, OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND AGAINST HIDDEN OR LATENT IJFFFCTS. IF WF CANNOT I AWFUI I Ṣ DISCI AIM STATUTORY OR IIAPI IFIJ WARRANTIFS, ACCURACYTHFN TO THF FXTFNT PFRMITTFIJ AY I AW, DATA Al I SUCH WARRANTl[S SHALL B[ LIMITCD IN DURATION TO TH[ DURATION OF THIS [XPR[SS LIMITCD WARRANTY AND TO R[PAIR OR SYSTEM INTEGRITYREPLACEMENT SERVICE SOME JURISDICTION DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY LASTS, AVAILABILITYSO THE ABOVE LIMITATIONS MAY NOT APPLṢ TO YOU WE ARE NOT RESPONSIBLE FOR DIRECT, TIMELINESSSPECIAL, COMPLETENESS, NON-INFRINGEMENT, INCIDENTAL OR THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND CONSFQUFNTIAI IJAMAGFS RFSUI TING FROM ANY WARRANTY REGARDING SUBSCRIBER’S USE OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL NOT BE DEEMED TO GIVE RISE TO BREACH ARFACH OF WARRANTY OR UNIJFR ANY OTHFR I FGAI THFORY. IN SOMF JURISDICTIONS TI I[ FORWOING LIMITATION DO[S NOT APPLY TO D[ATI I OR PCRSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLYTO YOU.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF ICIMSDIRECT, INCIDENTAL OR CONSEQUENTIAL IJAMAGFS, SO THF AAOVF FXCI USION OR I IMITATION MAY NOT APPI Ṣ TO YOU. THIS "I IMITATIONS" SFCTION IJOFS NOT APPI Ṣ TO CUSTOMCRS IN TI I[ [UROP[AN UNION. This lìrnited warranty givea you apecific richts. lf you are a consumar, you may have additional richts undar applicable law, and this Iirnited werranty is provided in addition to, end without prejudice to, your consumar rights. WARRANTY PROVIDER lf you purchased your device frorn ▇▇▇.▇▇▇▇▇▇.▇▇▇, this warranty ie providad by Rideet S.r.l. lf you purchesed your device from any other website or aL.thorised resellers, or for updates to the warrenty provider 1nforrnation, go to ▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇. EU CONFORMITY Hereby, Rideet S.r.l. declares that the radio equipment type ▇▇▇▇-1S is in compliance with Direct.ive 2014/53/EU. The full text of the EU declaration of conformity !s availeble at the followinc internet address: ▇▇▇.▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇. PRODUCT SPECIFICATIONS Modol numbor: ▇▇▇▇-1S Electrical rating: 12VDC Max 0.5A Operatine Temperature: -40•C/85•c W1reless Features· W1-F1 (?.4 GH7); Al F; GSM/GPRS 850/900/1800/1900 MH7 ADDITIONAL INFORMATION You can find the Terrns or Use, Limited Warranly, inetructions for usino lhe Device, Custorner eervica contact information, and other applicable terrns and Device inrormat[on et ▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇. RIDEET ONE TERMINI & CONDIZIONI Prima di usaro Rìdoot ▇▇▇, loooi tutti ì torminì, lo rooolo, lo politicho o lo disposizioni di Ltìlizzo opplicobili dìsponibilì ▇▇▇▇'opp Ridoot in lmpostozioni > lnfo> Informazioni> Termini e Condizioni e disponibili su www.rideetcom/support (collettivamente, i "Contratti"). Usando Rideet One, accetti di essere vinroleto dai termini contenuti nei contratti. La presente garanzia per Rideet ONe {il"Dispositivo") è fornita dal soggetto identificato più avanti. li fornitore di questa garanzia è talvolta indicato carne "Noi". Noi garantiamo il Dispositivo da difetti nei materiali e di lavoraLione in condiLioni d'uso ordinarie per un anno dalla data originaria di acquisto. ▇▇▇ ▇▇▇▇▇ di questo periodo di garamie, se riscontri un difetto nel Dispositivo e segui le istru7ioni per la restitu,▇▇▇▇ ▇▇▇▇▇ &esso, ci risorviomo lo focoltà di docìdoro, nolla misuro consentito dalle loooo di (ì) ripmaro il Dispositivo usando porti nuovo o ricondizionato o (i[) sostituiro il Dispositivo con uno nuovo o ricondizionato equivalente al Dispositivo da sostituire. Questa garanzia limitata si applica, ▇▇▇▇▇ ▇▇▇▇▇▇ consentita dalla leoce, a o;ini riparazione, sostituzione di parti o sostituzione del Dispositivo, per il resto del periodo di garanZia originario, o per novanta giorni, e seconde di quale fra questi due periodi sia il più lungo. Questa garen7ie limitata si applica esclusivamente e componenti hardware del Dispositivo cho non sono ooootto di incidonto, uso improprio, noolioonza, incondio o oltro couso ostorno, modificho, riparazioni, o uso commerciale. ISTRUZIONI. Per istru7!oni specifiche riguardanti l'Iter per usufruire delle presta7ioni ▇▇ ▇▇▇▇▇,ia per il tuo Dispositivo, visite la pagine ▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇. In oonoro ò nocossario spodiro il Dispositivo nollEl suo a::mfoziono orioinalo o in un involucro uouolmonto protottivo ali'indirizzo specificato dal Servizio Clienti. Prima di spedire il tuo Dispositivo per l'assistenza in garanzia, è tua responsabilità rimuovere qualsiasi supporto di memorizzazione rimovibile e salvare tutti i dati, software, o altri materiali che potresti avere archiviato o conservato sul tuo Dispositivo. F possibile che tali supp:>rti di memorina7ione, dati, sonwere, o altri materiali vedano distrutti, perduti ▇ ▇▇▇▇▇ riformattati durante l'assisten7a, e noi non soromo rosponsebili por toli ▇▇▇▇▇ ▇ pordito. FSCI USIVI F IN I UOGO IJl QUAI SIASI Al TRA GARAN7IA O RIMFDIO. NOI DISCONOSCIAMO TUTTF I F GARAN7IF I FGAI I O IMPI ICITF, INCLUS[, MA NON LIMITAT[ A, L[ GARANZI[ DI COMMCRCIABILITÀ O IDON[ITÀ A UN PARTICOLAR[ SCOPO [ CONTRO DIF[TTI NASCOSTI O LATENTI SE NON POSSIAMO LEGALMENTE DISCONOSCERE LE GARANZIE LEGALI O IMPLICITE, TALI GARANZIE SARANNO ▇▇▇▇▇ ▇▇▇▇▇▇ CONSENTITA DALLA ▇▇▇▇▇, LIMITATE NELLA DURATA ALLA DURATA DI QUESTA GARANZIA LIMITATA ESPRESSA E AL SFRVl7I0 DI SOSTITU7I0NF F RIPARA7I0NF. Al CUNF GIURISDl7I0Nl NON CONSFNTONO l lMITA7I0Nl Al I A DURATA DFI I A GARAN7IA LCGAL[ O IMPLICITA, PCRTANTO LA LIMITAZION[ SOPRA INDICATA POTRCBB[ NON [SSCR[ APPLICABIL[ N[L TUO CASO. NON SIAMO REPONSABILI PER DANNI DIRETTI. SPECIALI, ACCIDENTALI O CONSEQUENZIALI CHE RISULTINO DA OGNI VIOLAZIONE DELLA GARANZIA O IN BASE AD ALTRE TEORIE LEGALI IN ALCUNE GIURISDIZIONI, TALE LIMITAZIONE NON SI APPLICA IN CASO DI MORTE O LESIONI PFRSONAI I O A QUAI SIASI RFSPONSARII ITÀ I FGAI F PFR NFGI IGFN7A GRAVF F INTFN7I0NAI F, ATTI F/0 OMISSIONI, PFRTANTO TAi F [SCLUSION[ O LIMITAZION[ POTRCBB[ NON [SSCR[ APPLICABIL[ N[L TUO CASO ALCUN[ GIURISDIZIONI NON CONS[NTONO lESCLUSIONE O LIMITAZIONE SOPRA INDICATA POTREBBE NON ESSERE APPLICABILE NEL TUO CASO. LA SEZIONE "LIMITAZIONI" NON SI APPLICA PER I CLIENTI NELlUNIONE EUROPEA. La presente garanzia limitata ti garantisce specifici diritti. In qualità di consumatore, potresti godere di altri diritti in base ▇▇▇▇ ▇▇▇▇▇ applicabile e la presente garanzia limitata è fornita In aggiunta e non Influisce su tali diritti.

Limitations. EXCEPT AS IS EXPRESSLY SET FORTH IN THIS SECTION 9AGREEMENT, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, REPRESENTATIONS OR WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORYSTATUTORY OR OTHERWISE) WITH RESPECT TO THE PURCHASED ASSETS (INCLUDING, ARISING AT COMMON LAWWITHOUT LIMITATION, WITH RESPECT TO ANY ASSIGNED PROGRAM INTELLECTUAL PROPERTY AND WHETHER ANY PATENT WILL ISSUE FROM ANY OF THE PATENT APPLICATIONS WHICH FORM PART OF THE ASSIGNED PROGRAM INTELLECTUAL PROPERTY, AND WITH RESPECT TO THE ANTIFUNGAL COMPOUNDS OR OTHER MATERIALS TO BE TRANSFERRED AS PART OF THE PURCHASED ASSETS HEREUNDER), OR OTHERWISE RELATED TO THIS AGREEMENT OR THE SUBJECT MATTER OF THIS AGREEMENTTRANSACTIONS, INCLUDING THE SUBSCRIPTION, ICIMS CONTENT AND ANY SERVICES PROVIDED UNDER THE AGREEMENT. WITHOUT WAIVING THE GENERALITY OF THE FOREGOING, ICIMS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY WARRANTIES OF MERCHANTABILITY, SAFETY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA PURPOSE OR SYSTEM INTEGRITY, AVAILABILITY, TIMELINESS, COMPLETENESS, ACCURACY OR COMPLETENESS OR NON-INFRINGEMENTINFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY. FURTHER, IT IS EXPRESSLY AGREED THAT NO REPRESENTATIONS OR WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) ARE GIVEN BY GSK WITH RESPECT TO THE ACCURACY OF THE CONFIDENTIAL DATA PACKAGE TRANSFERRED AS PART OF THE OTHER MATERIALS UNDER THIS AGREEMENT AND DIVERSA AGREES THAT BEFORE THE TRANSFER OF SAME PURSUANT TO SECTION 4.3.1, GSK MAY REDACT THOSE PORTIONS OF THE CONFIDENTIAL DATA PACKAGE TO THE EXTENT THAT THE SUBSCRIPTION WILL PERFORM WITHOUT INTERRUPTION OR ERROR FREE, AND ANY WARRANTY REGARDING SUBSCRIBER’S USE CONTENT OF THE SUBSCRIPTION, DATA OR INFORMATION ACCESSIBLE THEREFROM, ANY DECISION MADE USING THE SUBSCRIPTION, UNAUTHORIZED ACCESS TO THE SUBSCRIPTION, OR SUBSCRIBER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SUBSCRIPTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ICIMS MAY MAKE CHANGES TO THE SUBSCRIPTION FROM TIME TO TIME, OR THE CORRESPONDING DOCUMENTATION, AND THOSE CHANGES SHALL SAME IS NOT BE DEEMED TO GIVE RISE TO BREACH OF WARRANTY OR LIABILITY OF ICIMSASSIGNED PROGRAM INTELLECTUAL PROPERTY.