Common use of Limited Liability Clause in Contracts

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT WARRANTIESLIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. USE IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISKPOSSIBILITY OF SUCH DAMAGES. JETBRAINS MAKES NO WARRANTY AS THIS PROVISION SHALL NOT BE EFFECTIVE TO ITS USE OR PERFORMANCETHE EXTENT OTHERWISE REQUIRED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR IMPLIED, INCLUDING, BUT NOT MISCONDUCT BY THE BANK OR CARDPLATFORMS SHALL BE LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND TOTAL AMOUNT LOADED ON THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADCARD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT WARRANTIESLIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. USE IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISKPOSSIBILITY OF SUCH DAMAGES. JETBRAINS MAKES NO WARRANTY AS THIS PROVISION SHALL NOT BE EFFECTIVE TO ITS USE OR PERFORMANCETHE EXTENT OTHERWISE REQUIRED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR IMPLIED, INCLUDING, BUT NOT MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND TOTAL AMOUNT LOADED ON THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADCARD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINSTHE OXFORD GROUP WILL NOT BE LIABLE TO CUSTOMER, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OF PROFIT OR SAVINGS OR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND ITS SUPPLIERS AND RESELLERSHOWSOEVER ARISING (WHETHER IN TORT (INCLUDING FROM OXFORD’S NEGLIGENCE), DISCLAIM IN CONTRACT, UNDER STATUTE OR OTHERWISE). SUBJECT TO SECTION 10.3, IN ALL WARRANTIES AND CONDITIONSEVENTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES THE MAXIMUM DAMAGES OF MERCHANTABILITY, FITNESS ANY TYPE FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO WHICH THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. OXFORD GROUP SHALL BE LIABLE UNDER THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USERAGREEMENT FOR CUSTOMER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL GOODS IS LIMITED TO THE AMOUNT OF FEES PAID BY CUSTOMER TO OXFORD UNDER THE APPLICABLE ORDER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. HOWEVER, THESE PROVISIONS DO NOT LIMIT OXFORD’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ▇▇▇▇▇▇’S GROSS NEGLIGENCE OR FRAUD, FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY THAT CANNOT BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADEXCLUDED BY LAW. Any action for breach of Agreement or claim for indemnification must be commenced within one year of delivery of the Goods to the carrier, following which Customer covenants not to bring or permit the making of any claim, action or proceeding in connection with this Agreement or its subject matter.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS ALL PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WITH- OUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE UPLOADS SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE APPLICA- BLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONSCONDI- TIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITYMER- CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE UPLOADS SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORSDI- RECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE UPLOADS SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE UPLOADS SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE UPLOADS SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTEDUNINTER- RUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE UP- LOADS SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED DOWN- LOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE UPLOADS SERVICE ARE DOWNLOADED DOWN- LOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY PROP- ERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS ALL PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE UPLOADS SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE UPLOADS SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE UPLOADS SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE UPLOADS SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE UPLOADS SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE UPLOADS SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE UPLOADS SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED UNDER NO CIRCUMSTANCE SHALL STRAD BE LIABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE PURCHASER OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWANY OTHER PARTY FOR ANY INCIDENTAL, JETBRAINSCONSEQUENTIAL, AND ITS SUPPLIERS AND RESELLERSINDIRECT, DISCLAIM ALL WARRANTIES AND CONDITIONSSPECIAL OR PUNITIVE DAMAGES, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED WARRANTIES CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE JETBRAINS PLUGIN MARKETPLACE SERVICECONTRACTUAL VALUE OF THE GOODS, AND PRODUCTS OR SERVICES THAT ARE THE PROVISION SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR FAILURE SERVICES TO PROVIDE SUPPORT SERVICESWHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTSCONTRACT. USER PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY HAVE OTHER RIGHTS, WHICH VARY RESULT FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK SUCH GOODS AND YOU WILL BE SOLELY RESPONSIBLE STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO YOUR OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR LOSS SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF DATA THAT RESULTS FROM SUCH DOWNLOADTHIS CONTRACT.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINSIN NO EVENT WILL VIDEOJET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, AND ITS SUPPLIERS AND RESELLERSSPECIAL, DISCLAIM ALL WARRANTIES AND CONDITIONSCONSEQUENTIAL, EITHER EXPRESS EXEMPLARY OR IMPLIEDOTHER DAMAGES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITYLOST PROFITS, FITNESS FOR A PARTICULAR PURPOSELOST BUSINESS OR LOST DATA, TITLE, AND NON-INFRINGEMENT, WITH REGARD RELATING TO THE JETBRAINS PLUGIN MARKETPLACE SERVICESERVICES, AND THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICE, SUPPORT OR OTHER SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATESINFORMATION, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLESOFTWARE, OR CORRECT; THAT RELATED CONTENT THROUGH THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED SERVICES OR OTHERWISE OBTAINED THROUGH ARISING OUT OF THE USE OF OR FAILURE TO USE THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK SERVICES WHETHER OR NOT DUE TO VIDEOJET’S BREACH OR NEGLIGENCE, AND VIDEOJET WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES, EXCEPT AS EXPRESSLY PROVIDED UNDER THE “END USER REMEDY” SECTION BELOW. VIDEOJET’S MAXIMUM LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE EQUAL TO YOUR PROPERTY THE FEES PAID BY YOU IN THE SIX MONTHS PRECEDING THE DATE ON WHICH THAT LIABILITY FIRST AROSE UNDER THE ORDER FORM UNDER WHICH THAT LIABILITY AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LOSS LIMITATION OF DATA THAT RESULTS FROM SUCH DOWNLOADINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR PERFORMANCE. OTHERWISE, BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, JETBRAINSWITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER ANY TORT, AND CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER LEGAL OR EQUITABLE THEORY, (A) NEITHER RIVERBED NOR ANY OF ITS AFFILIATES OR SUPPLIERS AND RESELLERSIS LIABLE FOR (I) ANY INDIRECT, DISCLAIM ALL WARRANTIES AND CONDITIONSSPECIAL, EITHER EXPRESS EXEMPLARY, PUNITIVE, INCIDENTAL OR IMPLIEDCONSEQUENTIAL DAMAGES, INCLUDINGOR FOR ANY LOSS OF PROFITS, BUT NOT LIMITED TOCONTRACTS, IMPLIED WARRANTIES BUSINESS, REVENUES, GOODWILL OR REPUTATION, (II) COST OF MERCHANTABILITYCOVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, FITNESS FOR A PARTICULAR PURPOSETECHNOLOGY OR SERVICES, TITLEOR (III) LOSS OR CORRUPTION OF DATA, AND NON-INFRINGEMENTINTERRUPTION OF USE, WITH REGARD LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM CUSTOMER’S USE OF (OR INABILITY TO THE JETBRAINS PLUGIN MARKETPLACE ACCESS OR USE) ANY PRODUCT OR SERVICE, AND (B) THE PROVISION AGGREGATE LIABILITY OF RIVERBED AND ITS AFFILIATES AND SUPPLIERS WILL NOT EXCEED THE AGGREGATE FEES RECEIVED BY RIVERBED FROM CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. THE FOREGOING LIMITATION IS CUMULATIVE, WITH ALL CLAIMS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR FAILURE MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF RIVERBED IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCTS ARE NOT DESIGNED FOR USE IN ANY DEVICE OR SYSTEM IN WHICH A MALFUNCTION OF THE PRODUCT WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO PROVIDE SUPPORT SERVICESANY PERSON. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTSINCLUDES OPERATION OF NUCLEAR FACILITIES, LIFE-SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS AND AIR TRAFFIC CONTROL. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION NEITHER RIVERBED NOR ANY OF ITS AFFILIATES IS LIABLE FOR ANY FAILURE OR DELAY DUE TO STATE/JURISDICTIONMATTERS BEYOND ITS REASONABLE CONTROL OR FOR ANY ALLOCATION OF PRODUCTS BETWEEN ITS CUSTOMERS IN THE EVENT OF A SHORTAGE. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) THIS SECTION DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE LIMIT LIABILITY FOR BODILY INJURY OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADA PERSON.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT WARRANTIESLIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. USE IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISKPOSSIBILITY OF SUCH DAMAGES. JETBRAINS MAKES NO WARRANTY AS THIS PROVISION SHALL NOT BE EFFECTIVE TO ITS USE OR PERFORMANCETHE EXTENT OTHERWISE REQUIRED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR IMPLIED, INCLUDING, BUT NOT MISCONDUCT BY THE BANK OR BOLDCO LLC SHALL BE LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND TOTAL AMOUNT LOADED ON THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADCARD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT WARRANTIESLIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. USE IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISKPOSSIBILITY OF SUCH DAMAGES. JETBRAINS MAKES NO WARRANTY AS THIS PROVISION SHALL NOT BE EFFECTIVE TO ITS USE OR PERFORMANCETHE EXTENT OTHERWISE REQUIRED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR IMPLIED, INCLUDING, BUT NOT MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TOTAL AMOUNT CREDITED TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADACCOUNT.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT WARRANTIESLIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. USE IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISKPOSSIBILITY OF SUCH DAMAGES. JETBRAINS MAKES NO WARRANTY AS THIS PROVISION SHALL NOT BE EFFECTIVE TO ITS USE OR PERFORMANCETHE EXTENT OTHERWISE REQUIRED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR IMPLIED, INCLUDING, BUT NOT MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND TOTAL AMOUNT LOADED ON THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADCARD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINSTHE OXFORD GROUP WILL NOT BE LIABLE TO CUSTOMER, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OF PROFIT OR SAVINGS OR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND ITS SUPPLIERS AND RESELLERSHOWSOEVER ARISING (WHETHER IN TORT (INCLUDING FROM OXFORD’S NEGLIGENCE), DISCLAIM IN CONTRACT, UNDER STATUTE OR OTHERWISE). SUBJECT TO SECTIONS 10.2, 10.3, 10.4 and 10.5, IN ALL WARRANTIES AND CONDITIONSEVENTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES THE MAXIMUM DAMAGES OF MERCHANTABILITY, FITNESS ANY TYPE FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO WHICH THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. OXFORD GROUP SHALL BE LIABLE UNDER THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USERAGREEMENT FOR CUSTOMER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK GOODS AND YOU WILL SOFTWARE IS LIMITED TO THE AMOUNT OF FEES PAID BY CUSTOMER TO OXFORD UNDER THE APPLICABLE ORDER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. HOWEVER, THESE PROVISIONS DO NOT LIMIT OXFORD’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ▇▇▇▇▇▇’S GROSS NEGLIGENCE OR FRAUD, FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY THAT CANNOT BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADEXCLUDED BY LAW. Any action for breach of this Agreement or claim for indemnification must be commenced within one year of delivery of the Goods or Software to the carrier, following which Customer covenants not to bring or permit the making of any claim, action or proceeding in connection with this Agreement or its subject matter.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT WARRANTIESLIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. USE IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISKPOSSIBILITY OF SUCH DAMAGES. JETBRAINS MAKES NO WARRANTY AS THIS PROVISION SHALL NOT BE EFFECTIVE TO ITS USE OR PERFORMANCETHE EXTENT OTHERWISE REQUIRED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR IMPLIED, INCLUDING, BUT NOT MISCONDUCT BY THE BANK OR [INSERT SERVICER/PROGRAM MANGER] SHALL BE LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND TOTAL AMOUNT LOADED ON THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADCARD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE IN NO EVENT WILL EITHER PARTY OR ANY OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE AFFILIATES, SUBSIDIARIES, OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLICENSORS BE LIABLE FOR ANY SPECIAL, JETBRAINSINDIRECT, AND ITS SUPPLIERS AND RESELLERSINCIDENTAL, DISCLAIM ALL WARRANTIES AND CONDITIONSEXEMPLARY, EITHER EXPRESS CONSEQUENTIAL, MULTIPLIED, ENHANCED, OR IMPLIEDPUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES LOSS ******* - Material has been omitted and filed separately with the Commission. OF MERCHANTABILITYREVENUE, FITNESS FOR A PARTICULAR PURPOSEPROFITS, TITLEOR GOODWILL, AND NON-INFRINGEMENTBUSINESS INTERRUPTION, OR LOST IN CONNECTION WITH REGARD TO THIS AGREEMENT OR THE JETBRAINS PLUGIN MARKETPLACE SERVICEPRODUCT, AND REGARDLESS OF THE PROVISION FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTSOTHERWISE, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND EVEN IF SUCH PARTY, ITS AFFILIATES, AGENTSITS SUBSIDIARIES, DIRECTORSOR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY IN THOSE JURISDICTIONS. IF ANY CLAIM IS MADE AGAINST A PARTY, INCLUDING WITHOUT LIMITATION CLAIMS AS A RESULT OF THE SUBSTANTIAL NONCONFORMANCE OF THE SOFTWARE TO THE DOCUMENTATION OR OTHERWISE, THE PARTY’S TOTAL LIABILITY FOR DAMAGES WILL BE LIMITED, IN THE AGGREGATE, TO ITS ACTUAL DIRECT DAMAGES, AND EMPLOYEES) DOES IN ANY EVENT WILL NOT WARRANT THAT EXCEED THE JETBRAINS PLUGIN MARKETPLACE SERVICE TOTAL OF ALL AMOUNTS MEDQUIST IS ACCURATEOBLIGATED TO PAY NUANCE UNDER THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGE OR CERTAIN CLAIMS, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SO SUCH DOWNLOADLIMITATION MAY NOT APPLY IN SUCH JURISDICTION.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE EXCEPT FOR LIABILITY ARISING FROM BREACHES OF A PARTY’S CONFIDENTIALITY OBLIGATIONS CONTAINED IN THE NON-DISCLOSURE CLAUSE IN SECTION 12.17 OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES CHINA JV OPERATING AGREEMENT, BREACHES OF LICENSE GRANTS CONTAINED HEREIN, AND EXCEPT FOR AMOUNTS PAYABLE TO THIRD PARTIES TO FULFILL INDEMNITY OBLIGATIONS DESCRIBED IN ARTICLE 8, (A) IN NO WARRANTY AS TO ITS USE OR PERFORMANCE. EVENT SHALL ANY PARTY HAVE ANY LIABILITY TO THE MAXIMUM EXTENT PERMITTED OTHERS, OR TO ANY PARTY CLAIMING THROUGH OR UNDER THE OTHER, FOR ANY LOST PROFITS, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) IN NO EVENT SHALL A PARTY’S CUMULATIVE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY PAID, PAYABLE, RECEIVED OR RECEIVABLE BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS SUCH PARTY FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD THE PRODUCTS CONCERNED THEREWITH HEREUNDER PURSUANT TO THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OCCURRENCE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK INITIAL EVENT FOR WHICH A PARTY RECOVERS DAMAGES HEREUNDER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THE PARTIES ACKNOWLEDGE AND YOU WILL AGREE THAT THIS ARTICLE 9 IS AN ESSENTIAL ELEMENT OF THE BARGAIN AND ABSENT THIS ARTICLE 9 THE ECONOMIC AND OTHER TERMS OF THIS AGREEMENT WOULD BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADSUBSTANTIALLY DIFFERENT.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY WAR- RANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICEMARKETPLACE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE MAR- KETPLACE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED IN NO EVENT WILL ZELTIQ OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE THIS AGREEMENT (WHETHER FROM BREACH OF CONTRACT, BREACH OF WARRANTY, OR FROM NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER FORM OF ACTION), EVEN IF ZELTIQ HAS BEEN ADVISED OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE POSSIBILITY OF SUCH DAMAGES, OTHER THAN FOR FRAUD OR WILLFUL MISCONDUCT. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. OTHER THAN WITH RESPECT TO ANY LIABILITY FOR FRAUD OR WILLFUL MISCONDUCT, IN NO EVENT WILL ZELTIQ’S AGGREGATE, CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE SUM OF ALL FEES ACTUALLY PAID TO ZELTIQ BY DISTRIBUTOR PURSUANT TO SECTION 4 DURING THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. THIS LIMITATION OF LIABILITY IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTCUMULATIVE, WITH REGARD ALL PAYMENTS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE, LIMIT. THE EXISTENCE OF TWO OR MORE CLAIMS OR SUITS WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL ZELTIQ HAVE ANY LIABILITY WHATSOEVER UNDER THIS AGREEMENT TO CUSTOMERS. THE PARTIES ACKNOWLEDGE THAT THE PRICES SPECIFIED IN THIS AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT ZELTIQ WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THE FOREGOING LIMITATIONS OF ITS LIABILITY AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADDISCLAIMERS CONTAINED HEREIN.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS SUPPLIERS, AFFILIATES AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE EXCEPTION ANALYZER SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE EXCEPTION ANALYZER SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE EXCEPTION ANALYZER SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESTECHNICAL SUPPORT. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE EXCEPTION ANALYZER SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE EXCEPTION ANALYZER SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE EXCEPTION ANALYZER SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE EXCEPTION ANALYZER SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE EXCEPTION ANALYZER SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE INTERNAL SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE INTERNAL SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE INTERNAL SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE INTERNAL SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE INTERNAL SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE INTERNAL SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE INTERNAL SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE INTERNAL SERVICE ARE DOWNLOADED AT YOUR OWN RISK RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE EXCEPT FOR CLAIMS RELATING TO DATA PRIVACY OR PROTECTION, THE CONFIDENTIALITY PROVISIONS IN SECTION 6, INDEMNIFICATION PROVISIONS IN SECTION 8, OR CLAIMS FOR ATTORNEY’S FEES AND COSTS AWARDED TO A PARTY UNDER THE TERMS OF THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY OR THEIR RESPECTIVE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE DATA PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE AND/OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXEMPLARY DAMAGES, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES DAMAGES FOR LOSS OF MERCHANTABILITYPROFITS, FITNESS LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RESULTING FROM USE OR INTENDED USE OF THE PLATFORM OR PLATFORM SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A PARTICULAR PURPOSECLAIMS RELATING TO PLATFORM RESTRICTIONS IN SECTION 1.3, TITLETHE FEES IN SECTION 3.1, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICECONFIDENTIALITY PROVISIONS IN SECTION 6, AND THE PROVISION INDEMNIFICATION PROVISIONS IN SECTION 8, UNDER NO CIRCUMSTANCES WILL EITHER PARTY OR ITS SERVICE OR DATA PROVIDERS’ TOTAL AND CUMULATIVE LIABILITY FOR DAMAGES ARISING OUT OF AND/OR FAILURE IN CONNECTION WITH THIS AGREEMENT REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED AN AMOUNT EQUAL TO PROVIDE SUPPORT SERVICESTHE AMOUNT THAT COMPANY HAS RECEIVED FROM OR ON BEHALF OF CLIENT DURING THE TWELVE(12) MONTH PERIOD IMMEDIATELY PRECEDING THE ACTION OR CLAIM. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTSLIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND CLIENT. USER MAY HAVE OTHER RIGHTSCOMPANY AND CLIENT SHALL EACH INDEMNIFY, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (DEFEND AND HOLD HARMLESS THE OTHER, ITS AFFILIATESAFFILIATES AND AGENTS, AGENTSAND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS AND EMPLOYEES, FROM AND AGAINST ALL THIRD PARTY CLAIMS, LOSSES, DAMAGES, COSTS (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS), SUITS, JUDGMENTS, EXPENSES AND DEMANDS (COLLECTIVELY, "CLAIMS") DOES NOT WARRANT THAT TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATEEXTENT ARISING OUT OF, RELIABLEFROM, OR CORRECT; THAT RELATED TO (I) THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT BREACH OF ANY PARTICULAR TIME REPRESENTATION, WARRANTY, COVENANT OR LOCATIONAGREEMENT HEREIN, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH (II) THE USE OF OR PROVISION OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED PLATFORM, DATA OR PRODUCTS OTHER THAN IN ACCORDANCE WITH THIS AGREEMENT OR IN VIOLATION OF APPLICABLE LAW, (III) ANY GROSSLY NEGLIGENT ACT OR OMISSION OR WILLFUL MISCONDUCT OF THE INDEMNIFYING PARTY IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATION UNDER THIS AGREEMENT, (IV) ANY USE OF THE PLATFORM OR PLATFORM SERVICES THAT INFRINGES UPON ANY PATENT, COPYRIGHT, OR TRADE SECRET OF A THIRD PARTY INTELLECTUAL PROPERTY, OR (V) ANY ACTS OF THE INDEMNIFYING PARTY OUTSIDE THE SCOPE OF THIS AGREEMENT. THE INDEMNIFYING PARTY RESERVES THE RIGHT, AT YOUR ITS SOLE COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY THE INDEMNIFIED PARTY, IN WHICH EVENT THE INDEMNIFIED PARTY WILL REASONABLY ASSIST AND COOPERATE WITH THE INDEMNIFYING PARTY IN ASSERTING ANY AVAILABLE DEFENSES. THE INDEMNIFIED PARTY AGREES NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF THE INDEMNIFYING PARTY. THE INDEMNIFIED PARTY MAY HAVE COUNSEL OF THEIR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADCHOICE AT THEIR OWN COSTS.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINSFOR ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND ITS SUPPLIERS AND RESELLERSSTRICT LIABILITY) OR ANY OTHER LEGAL THEORY, DISCLAIM ALL WARRANTIES AND CONDITIONSHOWEVER ARISING, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD NEITHER PARTY WILL BE LIABLE TO THE JETBRAINS PLUGIN MARKETPLACE SERVICEOTHER PARTY OR ANY THIRD PARTY FOR: (A) DAMAGES BASED ON USE OR ACCESS, AND INTERRUPTION, DELAY OR INABILITY TO USE THE PRODUCTS, LOST REVENUES OR PROFITS, LOSS OF PRODUCTS, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR (B) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR (C) ANY AMOUNTS THAT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR THE MODULES THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT WHICH GIVES RISE TO SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BOTH PARTIES UNDERSTAND AND AGREE THAT THE LIMITATIONS OF LIABILITIES FOR EACH PARTY SET FORTH IN THIS AGREEMENT ARE REASONABLE AND THEY WOULD NOT HAVE ENTERED INTO THE AGREEMENT WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, COMPANY WILL IN NO EVENT BE LIABLE TO PROVIDE SUPPORT SERVICESCUSTOMER RELATED TO ANY ACTIONS OR OBLIGATIONS AUTHORIZED PARTNER MAY HAVE DIRECTLY WITH CUSTOMER AND RELATED TO AUTHORIZED PARTNER’S PARTICIPATION IN THE ACTIVITIES CONTEMPLATED HEREIN. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION SECTION 10 SHALL NOT APPLY TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USEREITHER PARTY’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADINDEMNIFICATION OBLIGATIONS IN SECTION 9 HEREIN.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE EXCEPT FOR CLAIMS RELATING TO DATA PRIVACY OR PROTECTION, THE CONFIDENTIALITY PROVISIONS IN SECTION 6, INDEMNIFICATION PROVISIONS IN SECTION 8, OR CLAIMS FOR ATTORNEY’S FEES AND COSTS AWARDED TO A PARTY UNDER THE TERMS OF THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY OR THEIR RESPECTIVE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE DATA PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE AND/OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXEMPLARY DAMAGES, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES DAMAGES FOR LOSS OF MERCHANTABILITYPROFITS, FITNESS LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RESULTING FROM USE OR INTENDED USE OF THE PLATFORM OR PLATFORM SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A PARTICULAR PURPOSECLAIMS RELATING TO DATA PRIVACY OR PROTECTION, TITLEPLATFORM RESTRICTIONS IN SECTION 1.C, AND NON-INFRINGEMENTTHE FEES IN SECTION 3.A, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICECONFIDENTIALITY PROVISIONS IN SECTION 6, AND THE PROVISION INDEMNIFICATION PROVISIONS IN SECTION 8, UNDER NO CIRCUMSTANCES WILL EITHER PARTY OR ITS SERVICE OR DATA PROVIDERS’ TOTAL AND CUMULATIVE LIABILITY FOR DAMAGES ARISING OUT OF AND/OR FAILURE IN CONNECTION WITH THIS AGREEMENT REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED AN AMOUNT EQUAL TO PROVIDE SUPPORT SERVICESTHE AMOUNT THAT COMPANY HAS RECEIVED FROM OR ON BEHALF OF CLIENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE ACTION OR CLAIM. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE LIMITATION OF LIABILITY IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE AN ESSENTIAL ELEMENT OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADCLIENT.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES13.1. USE OF BOTH PARTIES AGREE THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, OTHER PARTY AND ITS SUPPLIERS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, OR REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, LOSS OF SAVINGS, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, WHETHER FORESEEABLE OR UNFORESEEABLE, THAT ---------- * * * CONFIDENTIAL MATERIAL REDACTED AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS FILED SEPARATELY WITH THE COMMISSION. EMAGEON ENTERPRISE AGREEMENT 03.25.04 PAGE 12 OF 59 MAY ARISE OUT OF OR IMPLIEDIN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES DAMAGES OR COSTS RESULTING FROM THE USE OR INABILITY TO USE THE SYSTEM OR SERVICES, EVEN IF SUCH PARTY HAS BEEN NOTIFIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETHE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR COSTS OCCURRING, AND NON-INFRINGEMENTWHETHER SUCH LIABILITY IS BASED ON CONTRACT, WITH REGARD TO TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. 13.2. IN NO EVENT WILL THE JETBRAINS PLUGIN MARKETPLACE SERVICECOLLECTIVE LIABILITY OF EMAGEON AND EMAGEON'S AFFILIATES, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTSOFFICERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATESDIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, DIRECTORSLICENSORS OR REPRESENTATIVES FOR ANY DAMAGES INCURRED BY CUSTOMER EVER EXCEED THE FEES PAID BY CUSTOMER TO EMAGEON UNDER THIS AGREEMENT DURING THE * * * PRIOR TO THE TIME AT WHICH THE DAMAGES AROSE REGARDLESS OF THE FORM OF ACTION, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATEWHETHER BASED ON CONTRACT, RELIABLETORT, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATIONNEGLIGENCE, UNINTERRUPTEDSTRICT LIABILITY, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED PRODUCTS LIABILITY OR OTHERWISE OBTAINED THROUGH EXCLUDING SUCH ACTIONS ARISING FROM EMAGEON'S INDEMNIFICATION OBLIGATIONS, GROSS NEGLIGENCE OR THE USE INTENTIONAL MISCONDUCT OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY EMAGEON, ITS EMPLOYEES OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADAGENTS.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED EXCEPT PURSUANT TO YOU ON AN “AS IS” CLAUSE (a), (b) or (d) BELOW AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONTRARY HEREIN, JETBRAINSNEITHER PARTY SHALL BE LIABLE IN ANY RESPECT UNDER CONTRACT, AND ITS SUPPLIERS AND RESELLERSNEGLIGENCE, DISCLAIM ALL WARRANTIES AND CONDITIONSSTRICT LIABILITY OR OTHERWISE FOR ANY INDIRECT, EITHER EXPRESS SPECIAL, CONSEQUENTIAL OR IMPLIED, INCLUDING, INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TOTO LOSS OF PROFITS, IMPLIED WARRANTIES LOST DATA OR COST OF MERCHANTABILITYCAPITAL) OR FOR COST OF SUBSTITUTE GOODS, FITNESS TECHNOLOGIES OR SERVICES. FURTHERMORE, EXCEPT FOR (a) CASES IN WHICH PROVISIONS OF THIS SECTION 14 ARE PROHIBITED BY ANY LAWS WHICH GOVERNS ANY AGREEMENT BETWEEN PHILIPS AND ANY END USER OR A PARTICULAR PURPOSEPHILIPS RESELLER AND ANY END USER, TITLE(b) BREACH OF SECTION 6(ii), 6(vi) OR 11 HEREOF, (c) INDEMNIFICATION UNDER SECTION 12.1 AND PRODUCT LIABILITY CLAIMS OR (d) ACTIONS OF PHILIPS BEYOND THE SCOPE OF THE LICENSES GRANTED HEREUNDER, COM21 SHALL NOT BE LIABLE TO PHILIPS NOR PHILIPS LIABLE TO COM21 IN EXCESS OF, IN THE CASE OF COM21, THE AGGREGATE AMOUNT RECEIVED FROM PHILIPS HEREUNDER, AND NON-INFRINGEMENTIN THE CASE OF PHILIPS, WITH REGARD THE AGGREGATE AMOUNT PAID OR PAYABLE HEREUNDER, IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND DATE THE PROVISION CAUSE OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADACTION AROSE.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED A. SUBJECT TO YOU ON AN “AS IS” SECTION 11(B) BELOW AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND IN NO EVENT SHALL TREND MICRO OR ITS SUPPLIERS AND RESELLERSBE LIABLE TO YOU (i) FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR (ii) FOR ANY CONSEQUENTIAL, DISCLAIM ALL WARRANTIES AND CONDITIONSSPECIAL, EITHER EXPRESS INCIDENTAL OR IMPLIEDINDIRECT DAMAGES OF ANY KIND OR FOR LOST OR CORRUPTED DATA OR MEMORY, INCLUDINGSYSTEM CRASH, BUT NOT LIMITED TODISK/SYSTEM DAMAGE, IMPLIED WARRANTIES LOST PROFITS OR SAVINGS, OR LOSS OF MERCHANTABILITYBUSINESS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION ARISING OUT OF OR FAILURE RELATED TO PROVIDE THIS AGREEMENT OR THE SOFTWARE, THE PREMIUM SUPPORT SERVICES OR SUBSCRIPTION SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE THESE LIMITATIONS APPLY EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEESCAUSE OF ACTION OR THEORY OF LIABILITY. B. SECTION 11(A) DOES NOT WARRANT THAT SEEK TO LIMIT OR EXCLUDE THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, LIABILITY OF TREND MICRO OR CORRECT; THAT ITS SUPPLIERS IN THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME EVENT OF DEATH OR LOCATION, UNINTERRUPTED, PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR SECURE; THAT ANY DEFECTS FOR FRAUD OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE. C. SUBJECT TO SECTIONS 11(A) AND 11(B) ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF TREND MICRO OR ITS SUPPLIERS FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE FEES FOR THE SOFTWARE, PREMIUM SUPPORT SERVICES AND SUBSCRIPTION SERVICE, AS APPLICABLE, PAID OR OWED BY YOU. D. THE LIMITATIONS OF LIABILITY IN THIS SECTION 11 ARE BASED ON THE FACT THAT CUSTOMERS USE THEIR COMPUTERS FOR DIFFERENT HOME AND BUSINESS PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR PROPERTY NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE, THE PREMIUM SUPPORT SERVICES OR LOSS SERVICES CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS, YOU AGREE TO THE LIMITATIONS OF DATA LIABILITY IN THIS SECTION 11 AND ACKNOWLEDGE THAT RESULTS FROM SUCH DOWNLOADWITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEES CHARGED FOR THE SOFTWARE, PREMIUM SUPPORT SERVICES AND SUBSCRIPTION SERVICES WOULD BE HIGHER.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH USING THE INTERNET AND/OR A MOBILE DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED. IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR THE ONLINE BANKING SERVICE), INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE ONLINR BANKING SERVICE EVEN IF YOU, BANK, OR BANK’S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF BANK AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED TO YOU BY BANK ON AN “AS IS” AND “BASIS. EXCEPT AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS EXPRESSLY SET FORTH IN THIS AGREEMENT, BANK MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINSNO, AND ITS SUPPLIERS HEREBY DISCLAIMS ANY AND RESELLERSALL, DISCLAIM ALL WARRANTIES AND CONDITIONSREPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGIN LAW OR IN FACT, BUT NOT LIMITED TOWHATSOEVER TO YOU OR TO ANY OTHER PERSON AS TO THE SERVICES OR ANY ASPECT THEREOF, IMPLIED WARRANTIES INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEQUALITY, AND NON-INFRINGEMENTACCURACY, OR SUITABILITY. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR ANY SERVICES TO BE PERFORMED PURSUANT HERETO. BANK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU AS TO ANY DEVICE HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH REGARD THE SERVICE (INCLUDING, WITHOUT LIMITATION, YOUR DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE JETBRAINS PLUGIN MARKETPLACE SUITABILITY OR COMPATIBILITY OF BANK’S SOFTWARE, INTERNET DELIVERED SERVICE, AND EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR DEVICE HARDWARE OR SOFTWARE, FOR THE PROVISION QUALITY OF PERFORMANCE OR LACK OF PERFORMANCE OF ANY SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY BANK TO YOU IN CONNECTION WITH THIS AGREEMENT, OR FOR THE TRANSMISSION OR FAILURE OF TRANSMISSION OF ANY INFORMATION FROM YOU TO PROVIDE SUPPORT SERVICESBANK OR FROM BANK TO YOU. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES BANK SHALL NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR NOTIFYING YOU OF ANY DAMAGE UPGRADES OR ENHANCEMENTS TO ANY OF YOUR PROPERTY DEVICE HARDWARE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADSOFTWARE.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED WE WILL NOT BE LIABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS OR ANY OTHER PERSON FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT WARRANTIESLIMITATION, ACTS OF GOD, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, MERCHANT OR ATM EQUIMENT OR ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. USE IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DIRECT DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISKPOSSIBILITY OF SUCH DAMAGES. JETBRAINS MAKES NO WARRANTY AS THIS PROVISION SHALL NOT BE EFFECTIVE TO ITS USE OR PERFORMANCETHE EXTENT OTHERWISE PROHIBITED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINSYOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR WILLFUL MISCONDUCT BY THE BANK OR TRANSCARD SHALL BE LIMITED TO THE TOTAL AMOUNT TO BE LOADED ON THE CARD (SUBJECT TO LOAD LIMITATIONS OF THIS AGREEMENT) IF THE NEGLIGENCE OR MISCONDUT RELATES TO LOADING VALUE, OR THE AMOUNT OF THE AUTHORIZED TRANSFER OF VALUE ATTEMPTED (SUBJECT TO TRANSFER AND PURCHASE LIMITATIONS OF THIS AGREEMENT) IF THE NEGLIGENCE OR MISCONDUCT RELATES TO VALUE TRANSFER TRANSACTONS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OTHER NEGLIGENCE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADMISCONDUCT THE MAXIMUM LIABILITY SHALL BE $9,999. Change in Terms. Subject to the limitations of applicable law, we may at any time add to, delete or change the terms of this Agreement by sending you a notice. We will give you notice at least 21 days before the effective date of any change if the change would result in: (i) increased fees you would be required to pay; (ii) increased liability for you; (iii) fewer types of available electronic fund transfers; or (iv) stricter limitations on the frequency or dollar amount of transfers.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES‌ 10.1. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONTRARY IN THE AGREEMENT, JETBRAINSETQ’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, AND ITS SUPPLIERS AND RESELLERSBASED ON ANY THEORY OF LIABILITY, DISCLAIM ALL WARRANTIES AND CONDITIONSWHETHER CONTRACT, EITHER EXPRESS TORT, STRICT LIABILITY, NEGLIGENCE, OR IMPLIEDOTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD WHETHER RELATING TO THE JETBRAINS PLUGIN MARKETPLACE SERVICESERVICES OR OTHERWISE, AND SHALL NOT EXCEED THE PROVISION TOTAL AMOUNT OF OR FAILURE APPLICABLE FEES PAID TO PROVIDE SUPPORT SERVICESETQ UNDER THE APPLICABLE ORDER FORM FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.‌ 10.2. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTSNOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND IN NO EVENT SHALL ETQ, ITS AFFILIATESLICENSORS, EMPLOYEES, AGENTS, DIRECTORSDISTRIBUTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATEMARKETING PARTNERS, RELIABLERESELLERS, PARENT OR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATIONCONSEQUENTIAL DAMAGES, UNINTERRUPTEDINCLUDING RESULTING FROM UNAUTHORIZED ACCESS TO, OR SECURE; THAT ANY DEFECTS THE ALTERATION, DELETION, DESTRUCTION, DAMAGE, LOSS, DISCLOSURE, UNAVAILABILITY OR ERRORS WILL BE CORRECTED; NON-STORAGE OF DATA, OR THAT THE JETBRAINS PLUGIN MARKETPLACE FROM DELAYS, LOSS OF PROFIT, INTERRUPTION OF SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM BUSINESS OR ANTICIPATORY PROFITS, BASED ON ANY THEORY OF LIABILITY, WHETHER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE, WHETHER RELATING TO SERVICES OR OTHERWISE, EVEN IF ETQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DOWNLOADDAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE.‌ 10.3. THE PROVISIONS OF SECTIONS 10.1 AND 10.2 ARE FUNDAMENTAL AND SPECIFIC REQUIREMENTS OF THE BASIS OF THE BARGAIN BETWEEN ETQ AND CUSTOMER AND ETQ WOULD NOT BE ABLE TO ENTER INTO THE AGREEMENT WITHOUT SUCH PROVISIONS.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES1. USE EXCEPT FOR INTENTIONAL MISCONDUCT AND/OR GROSS NEGLIGENCE, VENDOR’S TOTAL LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE RECEIVED FROM LICENSEE FOR THE SOFTWARE INVOLVED. 2. IF LICENSEE EMPLOYS THE SOFTWARE IN, OR IN THE DEVELOPMENT OF, LIFE CRITICAL APPLICATIONS OR IN ANY OTHER APPLICATION WHERE FAILURE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS SOFTWARE OR ANY RESULTS FROM THE USE THEREOF CAN REASONABLY BE EXPECTED TO ITS RESULT IN PERSONAL INJURY, LICENSEE SHALL INDEMNIFY AND HOLD HARMLESS DOCUWARE OR VENDOR FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING OUT OF OR IN CONNECTION WITH LICENSEE EMPLOYING THE SOFTWARE IN, OR IN THE DEVELOPMENT OF, LIFE CRITICAL APPLICATIONS OR IN ANY OTHER APPLICATION WHERE FAILURE OF THE SOFTWARE OR ANY RESULTS FROM THE USE OR PERFORMANCE. THEREOF CAN REASONABLY BE EXPECTED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINSRESULT IN PERSONAL INJURY, AND AT LICENSEE'S OWN EXPENSE, TO DEFEND OR, AT ITS SUPPLIERS AND RESELLERSOPTION, DISCLAIM ALL WARRANTIES AND CONDITIONSTO SETTLE, EITHER EXPRESS ANY CLAIM OR IMPLIEDACTION BROUGHT AGAINST DOCUWARE OR VENDOR DESCRIBED HEREIN. NOTWITHSTANDING THE FOREGOING, INCLUDINGDOCUWARE OR VENDOR MAY BE REPRESENTED IN ANY SUCH ACTION, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLESUIT, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL PROCEEDING AT ITS OWN EXPENSE BY ITS OWN COUNSEL. 3. UNDER NO CIRCUMSTANCES - EXCEPT FOR INTENTIONAL MISCONDUCT AND/OR GROSS NEGLIGENCE - SHALL VENDOR BE AVAILABLE AT LIABLE FOR ANY PARTICULAR TIME SPECIAL, INCIDENTAL OR LOCATION, UNINTERRUPTED, CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE DELIVERABLES, HOWEVER CAUSED, (WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY DAMAGE TO YOUR PROPERTY OR LOST PROFITS, LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADDATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THE LIMITATIONS ON VENDOR’S LIABILITY SET FORTH IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY OF THE LIMITED REMEDIES AGAINST VENDOR.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS SUPPLIERS, AFFILIATES AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICEMARKETPLACE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED IN NO EVENT SHALL ECODELOGICAL BE LIABLE TO YOU ON AN “AS IS” CLIENT OR TO ANY THIRD PARTY FOR LOSS OF USE, REVENUE, OR PROFITS, LOSS OF DATA, OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, , REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISKPOSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. JETBRAINS ECODELOGICAL MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOF ANY KIND, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICEANY ADVICE GIVEN BY ECODELOGICAL, AND THE PROVISION SPECIFICALLY INCLUDING ITS ACCOUNT STRATEGISTS, ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES. ECODELOGICAL SHALL NOT BE LIABLE FOR CLIENT’S FAILURE TO TAKE POSSESSION OR CONTROL OF ANY ITEMS IDENTIFIED IN THIS AGREEMENT AS BELONGING TO CLIENT UPON TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL ECODELOGICAL’S AGGREGATE LIABILITY ARISING OUT OF OR FAILURE RELATED TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTSAGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO ECODELOGICAL PURSUANT TO THE APPLICABLE ORDER FORM IN THE ONE (1) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $5000.00, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WHICHEVER IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADLESS.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR PERFORMANCE. OTHERWISE, BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, JETBRAINSWITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER LEGAL OR EQUITABLE THEORY, (A) NEITHER RIVERBED NOR ANY OF ITS AFFILIATES OR SUPPLIERS IS LIABLE FOR (I) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, CONTRACTS, BUSINESS, REVENUES, GOODWILL OR REPUTATION, (II) COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, OR (III) LOSS OR CORRUPTION OF DATA, INTERRUPTION OF USE, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM ANY END USER’S USE OF ANY PRODUCT, AND (B) THE AGGREGATE LIABILITY OF RIVERBED AND ITS AFFILIATES AND SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT WILL NOT LIMITED TO, IMPLIED WARRANTIES EXCEED THE AGGREGATE FEES RECEIVED BY RIVERBED ON BEHALF OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTPARTNER UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. THE FOREGOING LIMITATION IS CUMULATIVE, WITH REGARD ALL CLAIMS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND LIMIT. THE PROVISION EXISTENCE OF ONE OR FAILURE MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF RIVERBED IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCTS ARE NOT DESIGNED FOR USE IN ANY DEVICE OR SYSTEM IN WHICH A MALFUNCTION OF THE PRODUCT WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO PROVIDE SUPPORT SERVICESANY PERSON. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTSINCLUDES OPERATION OF NUCLEAR FACILITIES, LIFE-SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS AND AIR TRAFFIC CONTROL. USER NEITHER RIVERBED NOR ANY OF ITS AFFILIATES IS LIABLE FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL OR FOR ANY ALLOCATION OF PRODUCTS BETWEEN ITS CUSTOMERS IN THE EVENT OF A SHORTAGE. THIS SECTION DOES NOT LIMIT LIABILITY FOR DEATH OR BODILY INJURY OF A PERSON, TORT OF DECEIT, FRAUD, OR BREACH OF THE OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982. PARTNER WAIVES ANY RIGHT IT MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, RECEIVE ANY COMPENSATION OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT REPARATIONS AS A RESULT OF TERMINATION OR EXPIRATION OF THIS AGREEMENT UNDER ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADAPPLICABLE LAW.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED IN NO EVENT WILL ZELTIQ OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE THIS AGREEMENT (WHETHER FROM BREACH OF CONTRACT, BREACH OF WARRANTY, OR FROM NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER FORM OF ACTION), EVEN IF ZELTIQ HAS BEEN ADVISED OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. IN NO EVENT WILL ZELTIQ’S AGGREGATE, CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE SUM OF ALL FEES ACTUALLY PAID TO ZELTIQ BY DISTRIBUTOR PURSUANT TO SECTION 4 DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. THIS LIMITATION OF LIABILITY IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTCUMULATIVE, WITH REGARD ALL PAYMENTS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE, LIMIT. THE EXISTENCE OF TWO OR MORE CLAIMS OR SUITS WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL ZELTIQ HAVE ANY LIABILITY WHATSOEVER UNDER THIS AGREEMENT TO CUSTOMERS. THE PARTIES ACKNOWLEDGE THAT THE PRICES SPECIFIED IN THIS AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT ZELTIQ WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THE FOREGOING LIMITATIONS OF ITS LIABILITY AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADDISCLAIMERS CONTAINED HEREIN.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED A. SUBJECT TO YOU ON AN “AS IS” SECTION 11(B) BELOW AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND IN NO EVENT SHALL TREND MICRO OR ITS SUPPLIERS AND RESELLERSBE LIABLE TO YOU (i) FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR (ii) FOR ANY CONSEQUENTIAL, DISCLAIM ALL WARRANTIES AND CONDITIONSSPECIAL, EITHER EXPRESS INCIDENTAL OR IMPLIEDINDIRECT DAMAGES OF ANY KIND OR FOR LOST OR CORRUPTED DATA OR MEMORY, INCLUDINGSYSTEM CRASH, BUT NOT LIMITED TODISK/SYSTEM DAMAGE, IMPLIED WARRANTIES LOST PROFITS OR SAVINGS, OR LOSS OF MERCHANTABILITYBUSINESS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION ARISING OUT OF OR FAILURE RELATED TO PROVIDE SUPPORT THIS AGREEMENT OR THE SOFTWARE OR SUBSCRIPTION SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE THESE LIMITATIONS APPLY EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEESCAUSE OF ACTION OR THEORY OF LIABILITY. B. SECTION 11(A) DOES NOT WARRANT THAT SEEK TO LIMIT OR EXCLUDE THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, LIABILITY OF TREND MICRO OR CORRECT; THAT ITS SUPPLIERS IN THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME EVENT OF DEATH OR LOCATION, UNINTERRUPTED, PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR SECURE; THAT ANY DEFECTS FOR FRAUD OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE. C. SUBJECT TO SECTIONS 11(A) AND 11(B) ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF TREND MICRO OR ITS SUPPLIERS FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE SOFTWARE LICENCE AND SUBSCRIPTION SERVICE FEES PAID OR OWED BY YOU. D. THE LIMITATIONS OF LIABILITY IN THIS SECTION 11 ARE BASED ON THE FACT THAT CUSTOMERS USE THEIR COMPUTERS FOR DIFFERENT HOME AND BUSINESS PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR PROPERTY NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE OR LOSS SERVICES CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS, YOU AGREE TO THE LIMITATIONS OF DATA LIABILITY IN THIS SECTION 11 AND ACKNOWLEDGE THAT RESULTS FROM SUCH DOWNLOADWITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEES CHARGED FOR THE SOFTWARE AND SUBSCRIPTION SERVICES WOULD BE HIGHER.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED EXCEPT WITH RESPECT TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE (I) HEXAGON’S INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS UNDER SECTION 7; (II) UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION RESULTING FROM A PARTY’S BREACH OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS AGREEMENT, WHICH LIABILITY SHALL BE SUBJECT TO SECTION 9(c) BELOW; (III) CUSTOMER’S INFRINGEMENT OR MISAPPROPRIATION OF HEXAGON’S INTELLECTUAL PROPERTY RIGHTS; OR (IV) CUSTOMER’S OBLIGATION TO PAY FEES, THE TOTAL LIABILITY OF EITHER PARTY, ITS USE AFFILIATES AND THIRD PARTY LICENSORS (IN THE CASE OF HEXAGON), WHATEVER THE BASIS OF LIABILITY, (i) IN CONNECTION WITH OR PERFORMANCE. RELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSUBSCRIPTION SOFTWARE, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS THE SUBSCRIPTION SERVICES OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD ANY OTHER MATTER RELATING TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE AGREEMENT (OTHER RIGHTSTHAN PROFESSIONAL SERVICES PROVIDED UNDER THIS AGREEMENT, WHICH VARY FROM STATE/JURISDICTION IS ADDRESSED IN (ii) BELOW) WILL NOT EXCEED THE SUBSCRIPTION FEES PAID OR PAYABLE TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT HEXAGON HEREUNDER FOR THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLEANNUAL PERIOD IN WHICH SUCH LIABILITY FIRST AROSE, OR CORRECT; THAT (ii) IN CONNECTION WITH OR RELATED TO PROFESSIONAL SERVICES PROVIDED UNDER THIS AGREEMENT, THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT PROFESSIONAL SERVICES FEES PAID OR PAYABLE TO HEXAGON FOR THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT PROFESSIONAL SERVICES GIVING RISE TO LIABILITY UNDER THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADAPPLICABLE WORK ORDER.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” LESSEE AGREES LESSOR DOES NOT AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. CANNOT GUARANTEE OR WARRANT THE SUCCESS OR FAILURE OF THE USE OF ANY EQUIPMENT LEASED HEREUNDER. BECAUSE LESSOR CANNOT GUARANTEE OR WARRANT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS OUTCOME FROM ANY USE OF EQUIPMENT LEASED HEREUNDER, LESSEE AGREES IT SHALL RENT THE EQUIPMENT FROM LESSOR ON THE BASIS THAT SUCH EQUIPMENT MAY BE WHOLLY INEFFECTIVE AT YOUR OWN RISKTHE INTENDED PURPOSE FOR WHICH IT HAS BEEN LEASED. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO BASED ON THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWFOREGOING, JETBRAINSLESSOR DISCLAIMS ALL WARRANTIES, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE FURTHER AGREES THAT LESSOR SHALL NOT BE LIABLE TO LESSEE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OR ANY OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORSEMPLOYEES, CUSTOMERS OR CONTRACTORS FOR ANY LOSS OR INJURY ARISING OUT OF, IN WHOLE OR IN PART, THE EQUIPMENT LEASED HEREUNDER. NOTWITHSTANDING THE FOREGOING AND EMPLOYEESBASED UPON THE NEGOTIATED RENT FOR THE EQUIPMENT LEASED HEREUNDER, LESSOR’S MAXIMUM LIABILITY FOR ANY CLAIM BROUGHT AGAINST IT HEREUNDER SHALL BE THE LESSER OF: I) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLEAMOUNT OF RENT PAID BY LESSEE TO LESSOR FOR THE EQUIPMENT AT ISSUE, OR CORRECT; THAT II) ONE MONTH’S RENT FOR THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL EQUIPMENT AT ISSUE. UNDER NO CIRCUMSTANCES SHALL LESSOR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE BUSINESS INTERRUPTION DAMAGES INCURRED BY LESSEE OR ANY OTHER THIRD PARTY RELATING IN ANY MANNER TO YOUR PROPERTY THIS LEASE OR LOSS THE EQUPMENT THAT IS THE SUBJECT OF DATA THAT RESULTS FROM SUCH DOWNLOADTHIS LEASE.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” THE PARTIES AGREE THAT THEIR AFFILIATES, INCLUDING PARENTS AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICESUBSIDIARIES, AND THE PROVISION OF PARTIES' AND THEIR AFFILIATES' EMPLOYEES, OFFICERS OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT. IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE PARTY FOR ANY DAMAGE TO YOUR PROPERTY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF CUSTOMERS OR CLIENTS, LOSS OF GOODWILL OR LOSS OF DATA THAT RESULTS PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DOWNLOADDAMAGES.. THE LIABILITY OF EITHER PARTY WITH RESPECT TO THE INSTALLATION (INCLUDING DELAYS THEREOF), PROVISION, TERMINATION, MAINTENANCE, REPAIR, INTERRUPTION, OR RESTORATION OF ANY SERVICE OR FACILITIES OFFERED UNDER THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE CHARGE APPLICABLE UNDER THIS AGREEMENT TO THE PERIOD DURING WHICH SERVICES WERE AFFECTED. FOR THOSE SERVICES WITH MONTHLY RECURRING CHARGES, THE LIABILITY OF EITHER PARTY IS LIMITED TO AN AMOUNT EQUAL TO THE PROPORTIONATE MONTHLY RECURRING CHARGES FOR THE PERIOD DURING WHICH SERVICE WAS AFFECTED.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” EXCEPT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 11 AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE EXCEPT FOR A BREACH OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE ANY PAYMENT OBLIGATIONS OF EITHER PARTY OR PERFORMANCE. A BREACH BY EITHER PARTY OF SECTION 5 OR 6, NEITHER PARTY WILL BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOTHER FOR ANY SPECIAL, JETBRAINSINCIDENTAL, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS PUNITIVE OR IMPLIED, CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES LOST PROFITS OR REVENUE, LOSS OF MERCHANTABILITYUSE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY LOST BUSINESS OPPORTUNITIES OR LOSS OF DATA GOODWILL), OR FOR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF ANY PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, [**] CONFIDENTIAL TREATMENT REQUESTED CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. EXCEPT FOR A BREACH OF SECTION 5.1 OR 6, IN NO EVENT SHALL CORIUM’S TOTAL LIABILITY TO ADOLOR IN CONNECTION WITH THIS AGREEMENT FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED THE TOTAL FEES PAID TO CORIUM BY ADOLOR UNDER THE 2003 AGREEMENT AND THIS AGREEMENT. THE PARTIES HAVE AGREED THAT RESULTS FROM SUCH DOWNLOADTHESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR PERFORMANCE. OTHERWISE, BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, JETBRAINSWITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER ANY TORT, AND CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHER LEGAL OR EQUITABLE THEORY, (A) NEITHER RIVERBED NOR ANY OF ITS AFFILIATES OR SUPPLIERS AND RESELLERSIS LIABLE FOR (I) ANY INDIRECT, DISCLAIM ALL WARRANTIES AND CONDITIONSSPECIAL, EITHER EXPRESS EXEMPLARY, PUNITIVE, INCIDENTAL OR IMPLIEDCONSEQUENTIAL DAMAGES, INCLUDINGOR FOR ANY LOSS OF PROFITS, BUT NOT LIMITED TOCONTRACTS, IMPLIED WARRANTIES BUSINESS, REVENUES, GOODWILL OR REPUTATION, (II) COST OF MERCHANTABILITYCOVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, FITNESS FOR A PARTICULAR PURPOSETECHNOLOGY OR SERVICES, TITLEOR (III) LOSS OR CORRUPTION OF DATA, AND NON-INFRINGEMENTINTERRUPTION OF USE, WITH REGARD LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM CUSTOMER’S USE OF (OR INABILITY TO THE JETBRAINS PLUGIN MARKETPLACE ACCESS OR USE) ANY PRODUCT OR SERVICE, AND (B) THE PROVISION AGGREGATE LIABILITY OF RIVERBED AND ITS AFFILIATES AND SUPPLIERS WILL NOT EXCEED THE AGGREGATE FEES RECEIVED BY RIVERBED FOR THE PROACTIVE SUPPORT SERVICES PROVIDED UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. THE FOREGOING LIMITATION IS CUMULATIVE, WITH ALL CLAIMS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF RIVERBED IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER RIVERBED NOR ANY OF ITS AFFILIATES IS LIABLE FOR ANY FAILURE OR DELAY DUE TO PROVIDE SUPPORT SERVICESMATTERS BEYOND ITS REASONABLE CONTROL. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) SECTION DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATELIMIT LIABILITY FOR BODILY INJURY OF A PERSON. THIS AGREEMENT DOES NOT ENTITLE CUSTOMER, RELIABLEUNDER ANY CIRCUMSTANCES, TO A REFUND OF ANY FEES PAID FOR PRODUCTS OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT SUPPORT SERVICES OR OF ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT FEES PAID UNDER ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADAGREEMENT.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED A. SUBJECT TO YOU ON AN “AS IS” SECTION 11(B) BELOW AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND IN NO EVENT SHALL TREND MICRO OR ITS SUPPLIERS AND RESELLERSBE LIABLE TO YOU (i) FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR (ii) FOR ANY CONSEQUENTIAL, DISCLAIM ALL WARRANTIES AND CONDITIONSSPECIAL, EITHER EXPRESS INCIDENTAL OR IMPLIEDINDIRECT DAMAGES OF ANY KIND OR FOR LOST OR CORRUPTED DATA OR MEMORY, INCLUDINGSYSTEM CRASH, BUT NOT LIMITED TODISK/SYSTEM DAMAGE, IMPLIED WARRANTIES LOST PROFITS OR SAVINGS, OR LOSS OF MERCHANTABILITYBUSINESS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION ARISING OUT OF OR FAILURE RELATED TO PROVIDE THIS AGREEMENT OR THE SOFTWARE, THE PREMIUM SUPPORT SERVICES OR SUBSCRIPTION SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE THESE LIMITATIONS APPLY EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEESCAUSE OF ACTION OR THEORY OF LIABILITY. B. SECTION 11(A) DOES NOT WARRANT THAT SEEK TO LIMIT OR EXCLUDE THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, LIABILITY OF TREND MICRO OR CORRECT; THAT ITS SUPPLIERS IN THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME EVENT OF DEATH OR LOCATION, UNINTERRUPTED, PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR SECURE; THAT ANY DEFECTS FOR FRAUD OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE. C. SUBJECT TO SECTIONS 11(A) AND 11(B) ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF TREND MICRO OR ITS SUPPLIERS FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF D. THE LIMITATIONS OF LIABILITY IN THIS SECTION 11 ARE BASED ON THE FACT THAT CUSTOMERS USE THEIR COMPUTERS FOR DIFFERENT HOME AND BUSINESS PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR PROPERTY NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE, THE PREMIUM SUPPORT SERVICES OR LOSS SERVICES CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS, YOU AGREE TO THE LIMITATIONS OF DATA LIABILITY IN THIS SECTION 11 AND ACKNOWLEDGE THAT RESULTS FROM SUCH DOWNLOADWITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEES CHARGED FOR THE SOFTWARE, PREMIUM SUPPORT SERVICES AND SUBSCRIPTION SERVICES WOULD BE HIGHER.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED A. NEITHER SMART NOR CUSTOMER SHALL BE LIABLE WITH RESPECT TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE ANY SUBJECT MATTER OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE THIS AGREEMENT UNDER ANY CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOTHER THEORY FOR (1) INDIRECT, JETBRAINSINCIDENTAL, AND ITS SUPPLIERS AND RESELLERSCONSEQUENTIAL, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS RELIANCE OR IMPLIEDSPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT SMART OR CUSTOMER HAS BEEN ADVISED OF MERCHANTABILITYTHE POSSIBILITY OF SUCH DAMAGES, FITNESS (2) ANY DAMAGE THAT CUSTOMER OR ANY USER MAY SUFFER ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE BANDWIDTH UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL OR GROSSLY NEGLIGENT ACT OF SMART, (3) ANY LOSS OR INACCURACY OF DATA OR FOR A PARTICULAR PURPOSETHE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TITLESERVICES OR TECHNOLOGY, AND NON-INFRINGEMENTOR (4) DAMAGES OR DELAYS DUE TO FIRE, WITH REGARD WAR, EXPLOSION, LIGHTNING, POWER SURGES OR FAILURES, STRIKES OR LABOR DISPUTES, WATER, ACTS OF GOD, THE ELEMENTS, ACTS OR OMISSIONS OF COMMUNICATIONS CARRIERS OR SUPPLIERS, OR OTHER CAUSES BEYOND ITS REASONABLE CONTROL WHETHER OR NOT SIMILAR TO THE JETBRAINS PLUGIN MARKETPLACE SERVICEFOREGOING. THE FOREGOING LIMITATION SHALL NOT APPLY TO A BREACH BY EITHER PARTY OF SECTION 8 OF THIS AGREEMENT. B. SMART SHALL NOT BE RESPONSIBLE FOR (1) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF CUSTOMER, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATESEMPLOYEES, AGENTS, DIRECTORSSUBCONTRACTORS, AND EMPLOYEESSUPPLIERS OR USERS, (2) DOES NOT WARRANT INTEROPERABILTY OF SPECIFIC CUSTOMER APPLICATIONS, (3) INABILITY OF CUSTOMER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE JETBRAINS PLUGIN MARKETPLACE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET, (4) INTERACTION WITH OTHER SERVICE IS ACCURATE9/97 PROVIDERS, RELIABLENETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET, (5) SERVICES PROVIDED BY OTHER SERVICE PROVIDERS, OR CORRECT; THAT (6) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADINTERNET.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE UNLESS EXPRESSLY PROHIBITED OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED OTHERWISE RESTRICTED BY APPLICABLE LAW, JETBRAINSTHIS AGREEMENT OR THE ELECTRONIC FUNDS TRANSFERS DISCLOSURE, AND ITS SUPPLIERS AND RESELLERSTHE BANK’S LIABILITY IS LIMITED AS FOLLOWS: THE BANK WILL NOT BE LIABLE TO YOU FOR PERFORMING OR FAILING TO PERFORM OUR SERVICES UNDER OR IN CONNECTION WITH THIS AGREEMENT UNLESS WE HAVE ACTED IN BAD FAITH. WITHOUT LIMITING THE ABOVE, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS THE BANK WILL NOT BE LIABLE FOR DELAYS OR IMPLIEDMISTAKES WHICH HAPPEN BECAUSE OF REASONS BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES ACTS OF MERCHANTABILITYBANKING AUTHORITIES, FITNESS FOR NATIONAL EMERGENCIES, ACTS OF GOD, FAILURE OF TRANSPORTATION, COMMUNICATION OR POWER SUPPLY, OR MALFUNCTION OF OR UNAVOIDABLE DIFFICULTIES WITH THE BANK’S EQUIPMENT. SHOULD A PARTICULAR PURPOSECOURT ESTABLISH THE BANK’S LIABILITY TO YOU PURSUANT TO WHAT WAS DONE OR NOT DONE UNDER THIS AGREEMENT, TITLEYOU MAY RECOVER FROM THE BANK ONLY YOUR ACTUAL DAMAGES, IN AN AMOUNT NOT TO EXCEED THE TOTAL FEES AND NON-INFRINGEMENT, WITH REGARD CHARGES PAID BY YOU TO THE JETBRAINS PLUGIN MARKETPLACE SERVICEBANK PURSUANT TO THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IN NO EVENT WILL YOU BE ABLE TO RECOVER FROM THE BANK CONSEQUENTIAL DAMAGES, AND THE PROVISION OF EXEMPLARY DAMAGES OR FAILURE TO PROVIDE SUPPORT SERVICESLOST PROFITS. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTSIf you are a licensed attorney, or a law firm, you agree that we may report information about overdrafts and/or returned checks drawn on Accounts which you maintain as trustee for the benefit of another person or in any fiduciary capacity, to the extent and in the manner required by applicable laws, rules and regulations. USER MAY HAVE OTHER RIGHTSFor example, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONif you are an attorney licensed to practice in the Commonwealth of Massachusetts, we are required to provide such information to the Massachusetts Bar Board of Overseers regarding “trust accounts” as defined in S.J.C. Rule 3:07 and Disciplinary Rule 9-102(A). JETBRAINS (AND ITS AFFILIATESYou agree that we have no liability to you for reporting any information to applicable authorities regarding any Account which we believe in good faith is subject to such laws, AGENTSrules, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADor regulations.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED EXCEPT FOR WITH RESPECT TO YOU ON AN “INDEMNITY OBLIGATIONS UNDER SECTION 12, AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE TO BREACHES OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY OBLIGATIONS UNDER SECTION 2.5.3 AND 10 AND AS TO ITS WILLFUL BREACHES OF THE OBLIGATIONS UNDER SECTION 2.3, 2.5.3, 9.1, 9.2 AND 9.6, NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NEITHER TIOGA, OEM, NOR THEIR SUPPLIERS SHALL BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS); (II) FOR INTERRUPTION OF USE OR PERFORMANCELOSS OR CORRUPTION OF DATA; OR (III) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY. IN NO EVENT WILL TIOGA'S OR ITS SUPPLIERS' AGGREGATE LIABILITY TO OEM BASED ON INTELLECTUAL PROPERTY INFRINGEMENT INDEMNITY UNDER SECTION 12.1 EXCEED FIVE MILLION DOLLARS ($5,000,000); PROVIDED HOWEVER THAT IF TIOGA PROVIDES A HIGHER LIMITATION ON LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT BASED ON THE PRODUCTS TO ANY THIRD PARTY, THE FOREGOING AMOUNT SHALL BE INCREASED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLESSER OF SUCH HIGHER LIMITATION AND TEN MILLION DOLLARS ($10,000,000). NOTWITHSTANDING THE FOREGOING SENTENCE, JETBRAINSTHE FOREGOING LIMIT SHALL NOT APPLY TO INFRINGEMENT INDEMNITY BASED ON COPYRIGHT, TRADE SECRET AND UNITED STATES ▇▇▇▇▇▇▇▇▇▇.▇▇ NO EVENT WILL TIOGA'S OR ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD SUPPLIERS' AGGREGATE LIABILITY TO OEM BASED ON ANY OTHER CLAIM EXCEED AN AMOUNT EQUAL TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE AGGREGATE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE FEES PAID TO TIOGA BY OEM WITH RESPECT TO THE PRODUCTS THAT ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THE SUBJECT OF THE CLAIM DURING THE TWELVE MONTH PERIOD PRIOR TO YOUR PROPERTY OR LOSS THE CAUSE OF DATA THAT RESULTS FROM SUCH DOWNLOADACTION.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED A. SUBJECT TO YOU ON AN “AS IS” SECTION 6(B) BELOW AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND IN NO EVENT SHALL TREND MICRO OR ITS SUPPLIERS AND RESELLERSBE LIABLE TO YOU (i) FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR (ii) FOR ANY CONSEQUENTIAL, DISCLAIM ALL WARRANTIES AND CONDITIONSSPECIAL, EITHER EXPRESS INCIDENTAL OR IMPLIEDINDIRECT DAMAGES OF ANY KIND OR FOR LOST OR CORRUPTED DATA OR MEMORY, INCLUDINGSYSTEM CRASH, BUT NOT LIMITED TODISK/SYSTEM DAMAGE, IMPLIED WARRANTIES LOST PROFITS OR SAVINGS, OR LOSS OF MERCHANTABILITYBUSINESS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION ARISING OUT OF OR FAILURE RELATED TO PROVIDE SUPPORT THIS AGREEMENT OR THE SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE THESE LIMITATIONS APPLY EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEESCAUSE OF ACTION OR THEORY OF LIABILITY. B. SECTION 6(A) DOES NOT WARRANT THAT SEEK TO LIMIT OR EXCLUDE THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, LIABILITY OF TREND MICRO OR CORRECT; THAT ITS SUPPLIERS IN THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME EVENT OF DEATH OR LOCATION, UNINTERRUPTED, PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR SECURE; THAT ANY DEFECTS FOR FRAUD OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE. C. SUBJECT TO SECTIONS 6(A) AND 6(B) ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF TREND MICRO OR ITS SUPPLIERS FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER D. THE LIMITATIONS OF LIABILITY IN THIS SECTION 6 ARE BASED ON THE FACT THAT CUSTOMERS USE THEIR COMPUTERS FOR DIFFERENT HOME AND BUSINESS PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR PROPERTY OR LOSS NEEDS IN THE EVENT AN ERROR IN THE SERVICES CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS, YOU AGREE TO THE LIMITATIONS OF DATA LIABILITY IN THIS SECTION 6 AND ACKNOWLEDGE THAT RESULTS FROM SUCH DOWNLOADWITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEES CHARGED FOR THE SERVICES WOULD BE HIGHER.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES13.1. USE OF BOTH PARTIES AGREE THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, OTHER PARTY AND ITS SUPPLIERS AND RESELLERSAFFILIATES, DISCLAIM ALL WARRANTIES AND CONDITIONSOFFICERS, EITHER EXPRESS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, OR IMPLIEDREPRESENTATIVES WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, LOSS OF SAVINGS, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, WHETHER FORESEEABLE OR UNFORESEEABLE, THAT MAY ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES DAMAGES OR COSTS RESULTING FROM THE USE OR INABILITY TO USE THE SYSTEM OR SERVICES, EVEN IF SUCH PARTY HAS BEEN NOTIFIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETHE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR COSTS OCCURRING, AND NON-INFRINGEMENTWHETHER SUCH LIABILITY IS BASED ON CONTRACT, WITH REGARD TO TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. 13.2. IN NO EVENT WILL THE JETBRAINS PLUGIN MARKETPLACE SERVICECOLLECTIVE LIABILITY OF EMAGEON AND EMAGEON'S AFFILIATES, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTSOFFICERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATESDIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS OR REPRESENTATIVES FOR ANY DAMAGES INCURRED BY CUSTOMER EVER EXCEED THE FEES PAID BY CUSTOMER TO EMAGEON UNDER THIS AGREEMENT DURING THE * * * PRIOR TO THE TIME AT WHICH THE DAMAGES AROSE REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE EXCLUDING SUCH ACTIONS ARISING FROM EMAGEON'S INDEMNIFICATION OBLIGATIONS, GROSS NEGLIGENCE OR THE INTENTIONAL MISCONDUCT OF EMAGEON, ITS EMPLOYEES OR AGENTS. 13.3. THE FOREGOING LIMITATION OF LIABILITY AND LIMITATION OF REMEDIES CONTAINED IN SECTIONS 13.1 AND 13.2 SHALL BE INAPPLICABLE TO DAMAGE RESULTING FROM THE NEGLIGENCE OR INTENTIONAL MALFEASANCE OF EMAGEON, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADSUBCONTRACTORS.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES10.1. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, CLIENT AGREES THAT DOCUFREE AND ITS SUPPLIERS AND RESELLERSAFFILIATES’ OFFICERS, DISCLAIM ALL WARRANTIES AND CONDITIONSDIRECTORS, EITHER EXPRESS EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, OR IMPLIEDREPRESENTATIVES WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, LOSS OF SAVINGS, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, WHETHER FORESEEABLE OR UNFORESEEABLE, THAT MAY ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES DAMAGES OR COSTS RESULTING FROM THE USE OR INABILITY TO USE THE DOCUFREE PLATFORM OR SERVICES, EVEN IF DOCUFREE HAS BEEN NOTIFIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETHE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR COSTS OCCURRING, AND NON-INFRINGEMENTWHETHER SUCH LIABILITY IS BASED ON CONTRACT, WITH REGARD TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. THE LIMITATION SET FORTH IN THIS SUBSECTION 10.1 SHALL NOT APPLY TO DAMAGES OR COSTS CAUSED BY THE FRAUD OR WILLFUL MISCONDUCT OF DOCUFREE OR TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, EXTENT PROHIBITED BY APPLICABLE LAW. 10.2. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DOCUFREE AND DOCUFREE’S AFFILIATES FOR ANY DAMAGES INCURRED BY CLIENT EVER EXCEED THE PROVISION OF OR FAILURE FEES RECEIVED BY DOCUFREE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, THE TIME AT WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE DAMAGES AROSE REGARDLESS OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. 10.3. SHIPPING TERMS ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY FOB SHIPPING POINT. DOCUFREE IS NOT RESPONSIBLE FOR ANY DAMAGE DAMAGES INCURRED IN CONNECTION WITH THE PACKAGING, SHIPMENT OR DELIVERY OF DOCUMENTS, FILES OR BOXES FROM CLIENT LOCATION TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADDOCUFREE FACILITIES.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE IN NO EVENT WILL EITHER PARTY OR ANY OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE AFFILIATES, SUBSIDIARIES, OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLICENSORS BE LIABLE FOR ANY SPECIAL, JETBRAINSINDIRECT, AND ITS SUPPLIERS AND RESELLERSINCIDENTAL, DISCLAIM ALL WARRANTIES AND CONDITIONSEXEMPLARY, EITHER EXPRESS CONSEQUENTIAL, MULTIPLIED, ENHANCED, OR IMPLIEDPUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES LOSS OF MERCHANTABILITYREVENUE, FITNESS FOR A PARTICULAR PURPOSEPROFITS, TITLEOR GOODWILL, AND NON-INFRINGEMENTBUSINESS INTERRUPTION, OR LOST IN CONNECTION WITH REGARD TO THIS AGREEMENT OR THE JETBRAINS PLUGIN MARKETPLACE SERVICEPRODUCT, AND REGARDLESS OF THE PROVISION FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTSOTHERWISE, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND EVEN IF SUCH PARTY, ITS AFFILIATES, AGENTSITS SUBSIDIARIES, DIRECTORSOR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY IN THOSE JURISDICTIONS. IF ANY CLAIM IS MADE AGAINST A PARTY, INCLUDING WITHOUT LIMITATION CLAIMS AS A RESULT OF THE SUBSTANTIAL NON-CONFORMANCE OF THE SOFTWARE TO THE DOCUMENTATION OR OTHERWISE, THE PARTY’S TOTAL LIABILITY FOR DAMAGES WILL BE LIMITED, IN THE AGGREGATE, TO ITS ACTUAL DIRECT DAMAGES, AND EMPLOYEES) DOES IN ANY EVENT WILL NOT WARRANT THAT EXCEED THE JETBRAINS PLUGIN MARKETPLACE SERVICE TOTAL OF ALL AMOUNTS MEDQUIST IS ACCURATEOBLIGATED TO PAY PSP UNDER THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGE OR CERTAIN CLAIMS, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SO SUCH DOWNLOADLIMITATION MAY NOT APPLY IN SUCH JURISDICTION.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED (a) REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN OR IN COMPANY'S LIMITED WARRANTY ACCOMPANYING DELIVERY OF COMPANY PRODUCTS FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, COMPANY WILL NOT BE LIABLE FOR ANY LOST PROFITS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY DISTRIBUTOR, ITS CUSTOMERS OR OTHERS ARISING OUT OF OR RELATED TO YOU ON AN “AS IS” THIS AGREEMENT OR COMPANY PRODUCTS, FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE BREACH OF WARRANTY), EVEN IF COMPANY HAS BEEN ADVISED OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE POSSIBILITY OF SUCH DAMAGES. (b) EXCEPT FOR LIABILITY FOR PERSONAL INJURY OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINSPROPERTY DAMAGE ARISING FROM COMPANY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND ITS SUPPLIERS FOR CLAIMS ARISING UNDER SECTION 12, IN NO EVENT WILL COMPANY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT OR COMPANY PRODUCTS, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND RESELLERSBREACH OF WARRANTY ASSERTED BY DISTRIBUTOR AGAINST COMPANY, DISCLAIM EXCEED * * *. THIS LIMITATION OF COMPANY'S LIABILITY IS CUMULATIVE, WITH ALL WARRANTIES PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. FURTHER, THE FOREGOING * * * LIMITATION SHALL NOT APPLY TO THOSE CLAIMS BROUGHT BY DISTRIBUTOR AGAINST COMPANY IN WHICH: (I) THE CLAIM SEEKS INDEMNIFICATION FOR * * *; AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR (II) THE * * * CLAIM * * * IS -------------- * * * Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as *****. A PARTICULAR PURPOSE, TITLEcomplete version of this exhibit has been filed separately with the Securities and Exchange Commission. BASED UPON * * *, AND NON-INFRINGEMENT, WITH REGARD TO IS NOT BASED UPON * * *; SUCH CLAIMS SHALL BE LIMITED BY THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE LESSER OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD* * *. (c) Distributor agrees that the limitations of liability and disclaimers of warranty set forth in this Agreement, including those referenced herein, will apply regardless of whether Company has tendered delivery of Company Products or Distributor has accepted any Company Product. Distributor agrees to communicate all Company Product Warranties to Distributor's customers. Distributor acknowledges that Company has entered into this Agreement in reliance on the disclaimers of warranty and the limitations of liability set forth in this Agreement, and that the same form an essential basis of the bargain between the parties.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “OTHER THAN AS IS” EXPRESSLY SET OUT HEREIN AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAWS, JETBRAINS, THE HOSTING SERVICE AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONSSUPPORT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD . NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAPLESOFT OR ITS AFFILIATES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE JETBRAINS PLUGIN MARKETPLACE USE AND PERFORMANCE OF THE HOSTING SERVICE, SUPPORT AND DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL MAPLESOFT, THIRD PARTY LICENSORS, ITS AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE HOSTING SERVICE, SUPPORT AND/OR DOCUMENTATION BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION, TESTING INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, AND THE PROVISION LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE HOSTING SERVICE, THE SUPPORT OR THE TERMINATION OF THIS AGREEMENT, THE FAILURE OF EQUIPMENT RELATED TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTSCUSTOMER'S COMPUTER OR DAMAGE TO CUSTOMER'S COMPUTER, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES SOFTWARE OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PROPERTY RESULTING FROM CUSTOMER'S USE OF THE JETBRAINS PLUGIN MARKETPLACE HOSTING SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE OR SUPPORT, EVEN IF MAPLESOFT OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY DAMAGE CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM CUSTOMER IN SUCH DOWNLOAD.A CASE. MAPLESOFT'S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED THE AMOUNT PAID BY

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “OTHER THAN AS IS” EXPRESSLY SET OUT HEREIN AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAWS, JETBRAINS, THE PTS SERVICE AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONSSUPPORT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD . NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAPLESOFT OR ITS AFFILIATES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE JETBRAINS PLUGIN MARKETPLACE USE AND PERFORMANCE OF THE PTS SERVICE, SUPPORT AND DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL MAPLESOFT, THIRD PARTY LICENSORS, ITS AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE PTS SERVICE, SUPPORT AND/OR DOCUMENTATION BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION, TESTING INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, AND THE PROVISION LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PTS SERVICE, THE SUPPORT OR THE TERMINATION OF THIS AGREEMENT, THE FAILURE OF EQUIPMENT RELATED TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTSCUSTOMER'S COMPUTER OR DAMAGE TO CUSTOMER'S COMPUTER, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES SOFTWARE OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PROPERTY RESULTING FROM CUSTOMER'S USE OF THE JETBRAINS PLUGIN MARKETPLACE PTS SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE OR SUPPORT, EVEN IF MAPLESOFT OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY DAMAGE CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOUR PROPERTY CUSTOMER IN SUCH A CASE. MAPLESOFT'S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE PTS SERVICE. THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR LOSS NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF DATA THAT RESULTS FROM SUCH DOWNLOADA FUNDAMENTAL CONDITION OR TERM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “"AS IS” " AND “"AS AVAILABLE” " BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS SUPPLIERS, AFFILIATES AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S 'S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED A. SUBJECT TO YOU ON AN “AS IS” SECTION 12(B) BELOW AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND IN NO EVENT SHALL TREND MICRO OR ITS SUPPLIERS AND RESELLERSBE LIABLE TO YOU (i) FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR (ii) FOR ANY CONSEQUENTIAL, DISCLAIM ALL WARRANTIES AND CONDITIONSSPECIAL, EITHER EXPRESS INCIDENTAL OR IMPLIEDINDIRECT DAMAGES OF ANY KIND OR FOR LOST OR CORRUPTED DATA OR MEMORY, INCLUDINGSYSTEM CRASH, BUT NOT LIMITED TODISK/SYSTEM DAMAGE, IMPLIED WARRANTIES LOST PROFITS OR SAVINGS, OR LOSS OF MERCHANTABILITYBUSINESS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION ARISING OUT OF OR FAILURE RELATED TO PROVIDE THIS AGREEMENT OR THE SOFTWARE, THE PREMIUM SUPPORT SERVICES OR SUBSCRIPTION SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEESTHESE LIMITATIONS APPLY EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND B. SECTION 12(A) DOES NOT WARRANT THAT SEEK TO LIMIT OR EXCLUDE THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, LIABILITY OF TREND MICRO OR CORRECT; THAT ITS SUPPLIERS IN THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME EVENT OF DEATH OR LOCATION, UNINTERRUPTED, PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR SECURE; THAT ANY DEFECTS FOR FRAUD OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE. C. SUBJECT TO SECTIONS 12(A) AND 12(B) ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF TREND MICRO OR ITS SUPPLIERS FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE FEES FOR THE SOFTWARE, PREMIUM SUPPORT SERVICES AND SUBSCRIPTION SERVICE, AS APPLICABLE, PAID OR OWED BY YOU. D. THE LIMITATIONS OF LIABILITY IN THIS SECTION 12 ARE BASED ON THE FACT THAT CUSTOMERS USE THEIR COMPUTERS FOR DIFFERENT HOME AND BUSINESS PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR PROPERTY NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE, THE PREMIUM SUPPORT SERVICES OR LOSS SERVICES CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS, YOU AGREE TO THE LIMITATIONS OF DATA LIABILITY IN THIS SECTION 12 AND ACKNOWLEDGE THAT RESULTS FROM SUCH DOWNLOADWITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEES CHARGED FOR THE SOFTWARE, PREMIUM SUPPORT SERVICES AND SUBSCRIPTION SERVICES WOULD BE HIGHER.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS 16.1. EXCEPT AS PROVIDED UNDER SECTION 15, PIX4D SHALL NOT BE LIABLE TO YOU (OR YOUR AUTHORIZED USERS) OR ANY THIRD PARTY (WHETHER SUCH LIABILITY IS BASED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OTHER TORT THEORY, CONTRIBUTION, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOST PROFITS, LITIGATION COSTS, FAILURE OR DEFECTS OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT OUTPUT, LOSS, CORRUPTION OR DELETION OF DATA OR YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE CONTENT, PRODUCTION OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPROFIT, JETBRAINSGOODWILL, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES LOSS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY REVENUE OR LOSS OF DATA UNITS, LOSS OR INTERRUPTION OF BUSINESS, EVEN IF THAT RESULTS FROM PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DOWNLOADDAMAGES, UNLESS IT IS FOR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. IN ANY EVENT, THE AGGREGATE LIABILITY OF PIX4D AND ITS LICENSORS AND SUPPLIERS WITH RESPECT TO ANY OFFERING OR OUTPUT THEREOF WILL IN NO EVENT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU FOR THE PURCHASE OR SUBSCRIPTION OF THE OFFERING IN THE ONE-YEAR PERIOD BEFORE THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE LIABILITY FIRST OCCURRED. 17. PRIVACY Pix4D is committed to protecting Your privacy. Pix4D's privacy and personal data policy governs the collection and use of any personal information You provide to Pix4D and forms an integral part of the General Terms. You acknowledge that You have read and understood Pix4D’s privacy and personal data policy.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE IN NO EVENT WILL EITHER PARTY OR ANY OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE AFFILIATES, SUBSIDIARIES, OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLICENSORS BE LIABLE FOR ANY SPECIAL, JETBRAINSINDIRECT, AND ITS SUPPLIERS AND RESELLERSINCIDENTAL, DISCLAIM ALL WARRANTIES AND CONDITIONSEXEMPLARY, EITHER EXPRESS CONSEQUENTIAL, MULTIPLIED, ENHANCED, OR IMPLIEDPUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES LOSS OF MERCHANTABILITYREVENUE, FITNESS FOR A PARTICULAR PURPOSEPROFITS, TITLEOR GOODWILL, AND NON-INFRINGEMENTBUSINESS INTERRUPTION, OR LOST IN CONNECTION WITH REGARD TO THIS AGREEMENT OR THE JETBRAINS PLUGIN MARKETPLACE SERVICEPRODUCT, AND REGARDLESS OF THE PROVISION FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTSOTHERWISE, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND EVEN IF SUCH PARTY, ITS AFFILIATES, AGENTSITS SUBSIDIARIES, DIRECTORSOR ITS LICENSORS HAVE BEEN ADVISED OF ******* - Material has been omitted and filed separately with the Commission. THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY IN THOSE JURISDICTIONS. IF ANY CLAIM IS MADE AGAINST A PARTY, INCLUDING WITHOUT LIMITATION CLAIMS AS A RESULT OF THE SUBSTANTIAL NONCONFORMANCE OF THE SOFTWARE TO THE DOCUMENTATION OR OTHERWISE, THE PARTY’S TOTAL LIABILITY FOR DAMAGES WILL BE LIMITED, IN THE AGGREGATE, TO ITS ACTUAL DIRECT DAMAGES, AND EMPLOYEES) DOES IN ANY EVENT WILL NOT WARRANT THAT EXCEED THE JETBRAINS PLUGIN MARKETPLACE SERVICE TOTAL OF ALL AMOUNTS MEDQUIST IS ACCURATEOBLIGATED TO PAY PSP UNDER THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGE OR CERTAIN CLAIMS, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SO SUCH DOWNLOADLIMITATION MAY NOT APPLY IN SUCH JURISDICTION.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH THE USE OF A MOBILE DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED. IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR THE MOBILE BANKING SERVICE), INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE MOBILE BANKING SERVICE EVEN IF YOU, BANK, OR BANK’S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF BANK AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED TO YOU BY BANK ON AN “AS IS” AND “BASIS. EXCEPT AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS EXPRESSLY SET FORTH IN THIS AGREEMENT, BANK MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINSNO, AND ITS SUPPLIERS HEREBY DISCLAIMS ANY AND RESELLERSALL, DISCLAIM ALL WARRANTIES AND CONDITIONSREPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGIN LAW OR IN FACT, BUT NOT LIMITED TOWHATSOEVER TO YOU OR TO ANY OTHER PERSON AS TO THE SERVICES OR ANY ASPECT THEREOF, IMPLIED WARRANTIES INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEQUALITY, AND NON-INFRINGEMENTACCURACY, OR SUITABILITY. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR ANY SERVICES TO BE PERFORMED PURSUANT HERETO. BANK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU AS TO ANY MOBILE DEVICE HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH REGARD THE SERVICE (INCLUDING, WITHOUT LIMITATION, YOUR MOBILE DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR MOBILE SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE JETBRAINS PLUGIN MARKETPLACE SUITABILITY OR COMPATIBILITY OF BANK’S SOFTWARE, INTERNET DELIVERED SERVICE, AND EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR MOBILE DEVICE HARDWARE OR SOFTWARE, FOR THE PROVISION QUALITY OF PERFORMANCE OR LACK OF PERFORMANCE OF ANY SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY BANK TO YOU IN CONNECTION WITH THIS AGREEMENT, OR FOR THE TRANSMISSION OR FAILURE OF TRANSMISSION OF ANY INFORMATION FROM YOU TO PROVIDE SUPPORT SERVICESBANK OR FROM BANK TO YOU. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES BANK SHALL NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR NOTIFYING YOU OF ANY DAMAGE UPGRADES OR ENHANCEMENTS TO ANY OF YOUR PROPERTY MOBILE DEVICE HARDWARE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADSOFTWARE.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED A. LICENSOR, INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE LIABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWANY THIRD PARTY FOR ANY INDIRECT, JETBRAINSSPECIAL, AND ITS SUPPLIERS AND RESELLERSINCIDENTAL, DISCLAIM ALL WARRANTIES AND CONDITIONSPUNITIVE, EITHER EXPRESS COVER OR IMPLIED, CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES DAMAGES FOR THE INABILITY TO USE THE SOFTWARE OR ACCESS DATA, LOSS OF MERCHANTABILITYBUSINESS, FITNESS LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. B. LICENSOR'S TOTAL LIABILITY TO YOU FOR A PARTICULAR PURPOSEACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, TITLEBASED ON ANY THEORY OF LIABILITY, AND NON-INFRINGEMENTINCLUDING BREACH OF CONTRACT, WITH REGARD BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE WILL BE LIMITED TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND AMOUNT YOU ACTUALLY PAID FOR THE PROVISION SOFTWARE. C. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADAGREEMENT.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED A. SUBJECT TO YOU ON AN “AS IS” SECTION 9(B) BELOW AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND IN NO EVENT SHALL TREND MICRO OR ITS SUPPLIERS AND RESELLERSBE LIABLE TO YOU (i) FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR (ii) FOR ANY CONSEQUENTIAL, DISCLAIM ALL WARRANTIES AND CONDITIONSSPECIAL, EITHER EXPRESS INCIDENTAL OR IMPLIEDINDIRECT DAMAGES OF ANY KIND OR FOR LOST OR CORRUPTED DATA OR MEMORY, INCLUDINGSYSTEM CRASH, BUT NOT LIMITED TODISK/SYSTEM DAMAGE, IMPLIED WARRANTIES LOST PROFITS OR SAVINGS, OR LOSS OF MERCHANTABILITYBUSINESS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION ARISING OUT OF OR FAILURE RELATED TO PROVIDE SUPPORT THIS AGREEMENT OR THE SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE THESE LIMITATIONS APPLY EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEESCAUSE OF ACTION OR THEORY OF LIABILITY. B. SECTION 9(A) DOES NOT WARRANT THAT SEEK TO LIMIT OR EXCLUDE THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, LIABILITY OF TREND MICRO OR CORRECT; THAT ITS SUPPLIERS IN THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME EVENT OF DEATH OR LOCATION, UNINTERRUPTED, PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR SECURE; THAT ANY DEFECTS FOR FRAUD OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE. C. SUBJECT TO SECTIONS 9(A) AND 9(B) ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF TREND MICRO OR ITS SUPPLIERS FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE SERVICES FEES PAID OR OWED BY YOU. D. THE LIMITATIONS OF LIABILITY IN THIS SECTION 9 ARE BASED ON THE FACT THAT CUSTOMERS USE THEIR COMPUTERS FOR DIFFERENT HOME AND BUSINESS PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR PROPERTY OR LOSS NEEDS IN THE EVENT AN ERROR IN THE SERVICES CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS, YOU AGREE TO THE LIMITATIONS OF DATA LIABILITY IN THIS SECTION 9 AND ACKNOWLEDGE THAT RESULTS FROM SUCH DOWNLOADWITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEES CHARGED FOR THE SERVICES WOULD BE HIGHER.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED IN NO EVENT WILL ▇▇▇ ▇▇▇▇▇▇▇, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, OR AUTHORIZED AGENTS AND ALL OF THEIR RESPECTIVE SUCCESSORS, ASSIGNS, HEIRS, AND ESTATES, AND ▇▇▇ ▇▇▇▇▇▇▇’▇ THIRD PARTY LICENSORS BE LIABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT SOFTWARE OR ANY THIRD PARTY SOFTWARE UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT ▇▇▇ ▇▇▇▇▇▇▇, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, OR AUTHORIZED AGENTS AND ALL OF THEIR RESPECTIVE SUCCESSORS, ASSIGNS, HEIRS, AND ESTATES, OR ITS THIRD PARTY LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. YOU FURTHER AGREE THAT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. SOLE AND EXCLUSIVE REMEDY, AND ▇▇▇ ▇▇▇▇▇▇▇’▇ SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF THIS AGREEMENT SHALL BE LIMITED TO THE MAXIMUM REPAIR, REPLACEMENT, OR REFUND OF THE PRICE PAID FOR THE SOFTWARE AT ▇▇▇ ▇▇▇▇▇▇▇’▇ SOLE AND ABSOLUTE DISCRETION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL ▇▇▇ ▇▇▇▇▇▇▇’▇ TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY POSSIBLE UNDER APPLICABLE LAW, JETBRAINSEXCEED THE AMOUNT PAID, AND ITS SUPPLIERS AND RESELLERSIF ANY, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS BY YOU FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADSOFTWARE.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED A. SUBJECT TO YOU ON AN “AS IS” SECTION 11(B) BELOW AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND IN NO EVENT SHALL AP ARTS OR ITS SUPPLIERS AND RESELLERSBE LIABLE TO YOU (i) FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR (ii) FOR ANY CONSEQUENTIAL, DISCLAIM ALL WARRANTIES AND CONDITIONSSPECIAL, EITHER EXPRESS INCIDENTAL OR IMPLIEDINDIRECT DAMAGES OF ANY KIND OR FOR LOST OR CORRUPTED DATA OR MEMORY, INCLUDINGSYSTEM CRASH, BUT NOT LIMITED TODISK/SYSTEM DAMAGE, IMPLIED WARRANTIES LOST PROFITS OR SAVINGS, OR LOSS OF MERCHANTABILITYBUSINESS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION ARISING OUT OF OR FAILURE RELATED TO PROVIDE SUPPORT THIS AGREEMENT OR THE SOFTWARE OR SUBSCRIPTION SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE THESE LIMITATIONS APPLY EVEN IF AP ARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEESCAUSE OF ACTION OR THEORY OF LIABILITY. B. SECTION 11(A) DOES NOT WARRANT THAT SEEK TO LIMIT OR EXCLUDE THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, LIABILITY OF AP ARTS OR CORRECT; THAT ITS SUPPLIERS IN THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME EVENT OF DEATH OR LOCATION, UNINTERRUPTED, PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR SECURE; THAT ANY DEFECTS FOR FRAUD OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE. C. SUBJECT TO SECTIONS 11(A) AND 11(B) ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF AP ARTS OR ITS SUPPLIERS FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE SOFTWARE LICENCE AND SUBSCRIPTION SERVICE FEES PAID OR OWED BY YOU. D. THE LIMITATIONS OF LIABILITY IN THIS SECTION 11 ARE BASED ON THE FACT THAT CUSTOMERS USE THEIR COMPUTERS FOR DIFFERENT HOME AND BUSINESS PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR PROPERTY NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.SERVICES CAUSES COMPUTER PROBLEMS AND RELATED

Limited Liability. JETBRAINS PLUGIN MARKETPLACE YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH USING THE INTERNET AND/OR A MOBILE DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED. IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR THE ONLINE BANKING SERVICE), INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE ONLINE BANKING SERVICE EVEN IF YOU, BANK, OR BANK’S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF BANK AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED TO YOU BY BANK ON AN “AS IS” AND “BASIS. EXCEPT AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS EXPRESSLY SET FORTH IN THIS AGREEMENT, BANK MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINSNO, AND ITS SUPPLIERS HEREBY DISCLAIMS ANY AND RESELLERSALL, DISCLAIM ALL WARRANTIES AND CONDITIONSREPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGIN LAW OR IN FACT, BUT NOT LIMITED TOWHATSOEVER TO YOU OR TO ANY OTHER PERSON AS TO THE SERVICES OR ANY ASPECT THEREOF, IMPLIED WARRANTIES INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEQUALITY, AND NON-INFRINGEMENTACCURACY, OR SUITABILITY. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR ANY SERVICES TO BE PERFORMED PURSUANT HERETO. BANK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU AS TO ANY DEVICE HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH REGARD THE SERVICE (INCLUDING, WITHOUT LIMITATION, YOUR DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE JETBRAINS PLUGIN MARKETPLACE SUITABILITY OR COMPATIBILITY OF BANK’S SOFTWARE, INTERNET DELIVERED SERVICE, AND EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR DEVICE HARDWARE OR SOFTWARE, FOR THE PROVISION QUALITY OF PERFORMANCE OR LACK OF PERFORMANCE OF ANY SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY BANK TO YOU IN CONNECTION WITH THIS AGREEMENT, OR FOR THE TRANSMISSION OR FAILURE OF TRANSMISSION OF ANY INFORMATION FROM YOU TO PROVIDE SUPPORT SERVICESBANK OR FROM BANK TO YOU. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES BANK SHALL NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR NOTIFYING YOU OF ANY DAMAGE UPGRADES OR ENHANCEMENTS TO ANY OF YOUR PROPERTY DEVICE HARDWARE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADSOFTWARE.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE 22.1 EXCEPT FOR THE RESPECTIVE OBLIGATIONS UNDER SECTIONS 24 AND 25, VIOLATIONS OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS FOR WHICH NO LIMITATION ON DAMAGES SHALL APPLY, AND PEOPLESOFT'S OR LLC'S LIABILITY TO SEA FOR VESTED PAYMENTS UNDER SECTION 17 AND PROJECT FUNDING THAT IS PROVIDED PAYABLE UNDER SECTION 7 PRIOR TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIESANY TERMINATION OF THIS AGREEMENT, THE LIABILITY OF ANY PARTY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO ACTUAL AMOUNTS PAID BY PEOPLESOFT OR LLC TO SEA UNDER THIS AGREEMENT. USE IN NO EVENT SHALL ANY PARTY BE LIABLE TO THE OTHER PARTIES FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (OTHER THAN VESTED PAYMENTS UNDER SECTION 17 EARNED BY SEA), EVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINSLIKELIHOOD OF SUCH DAMAGES OCCURRING, AND ITS SUPPLIERS EVEN IF THE LIMITED REMEDIES STATED HEREIN FAIL IN THEIR ESSENTIAL PURPOSE. 22.2 NO PASS THROUGH OF WARRANTY OBLIGATIONS. SEA AND RESELLERSLLC DO NOT MAKE BY VIRTUE OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREIN, DISCLAIM ALL WARRANTIES AND CONDITIONSSEA AND LLC HEREBY EXPRESSLY DISCLAIM, EITHER EXPRESS ANY REPRESENTATION OR IMPLIEDWARRANTY TO ANY END USER, DEALER, DISTRIBUTOR OR THIRD PARTY (INCLUDING, WITHOUT LIMITATION, CUSTOMERS OF PEOPLESOFT), WITH RESPECT TO ANY MODULE OR ANY DERIVATIVE SOFTWARE ACQUIRED BY PEOPLESOFT PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEOPLESOFT SHALL TAKE ALL MEASURES REASONABLY NECESSARY TO ENSURE THAT NEITHER IT NOR ANY OF ITS EMPLOYEES OR AGENTS MAKES OR PASSES ON, TITLEANY SUCH REPRESENTATION OR WARRANTY ON BEHALF OF SEA OR LLC TO ANY END USER, AND NON-INFRINGEMENTDEALER, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICEDISTRIBUTOR OR THIRD PARTY (INCLUDING, AND THE PROVISION WITHOUT LIMITATION, CUSTOMERS OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADPEOPLESOFT).

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS IPA, EACH PARTY’S AGGREGATE LIABILITY IN CONNECTION WITH THIS IPA, REGARDLESS OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. FORM OF ACTION GIVING RISE TO THE MAXIMUM EXTENT PERMITTED LIABILITY (WHETHER IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY), SHALL NOT EXCEED THE PURCHASE PRICE PAID TO CISCO BY APPLICABLE LAWCM UNDER THIS IPA AND NEITHER PARTY SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, JETBRAINSLOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, NOR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RELATED TO THE INVENTORY OR THIS IPA, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) OR OTHERWISE, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS WHETHER OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES A PARTY IS INFORMED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESPOSSIBILITY THEREOF IN ADVANCE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTSREMEDY. USER MAY THE PARTIES ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED CISCO CONFIDENTIAL Cisco BV – Solectron Texas HEREIN IS FOUND TO HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (FAILED OF ITS ESSENTIAL PURPOSE AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT PROVISIONS OF THIS ARTICLE 3 CONTAIN THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE ALLOCATION OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE RISK AND ARE A FUNDAMENTAL BASIS OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE BARGAIN AGREED TO YOUR PROPERTY OR LOSS BY THE PARTIES. NOTWITHSTANDING THE FOREGOING, THIS LIMITATION OF DATA THAT RESULTS FROM LIABILITY SHALL NOT APPLY TO INVENTORY AFTER IT HAS BEEN INCORPORATED INTO CISCO PRODUCTS; IN SUCH DOWNLOADCASE, THE LIMITATION OF LIABILITY PROVISIONS OF THE PPA SHALL APPLY.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED A SUBJECT TO YOU ON AN “AS IS” SECTION 11(B) BELOW AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND IN NO EVENT SHALL TREND MICRO OR ITS SUPPLIERS AND RESELLERSBE LIABLE TO YOU (i) FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR (ii) FOR ANY CONSEQUENTIAL, DISCLAIM ALL WARRANTIES AND CONDITIONSSPECIAL, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEESINCIDENTAL B SECTION 11(A) DOES NOT WARRANT THAT SEEK TO LIMIT OR EXCLUDE THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, LIABILITY OF TREND MICRO OR CORRECT; THAT ITS SUPPLIERS IN THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME EVENT OF DEATH OR LOCATION, UNINTERRUPTED, PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR SECURE; THAT ANY DEFECTS FOR FRAUD OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE. C SUBJECT TO SECTIONS 11(A) AND 11(B) ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF TREND MICRO OR ITS SUPPLIERS FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE SOFTWARE LICENCE AND SUBSCRIPTION SERVICE FEES PAID OR OWED BY YOU. D THE LIMITATIONS OF LIABILITY IN THIS SECTION 11 ARE BASED ON THE FACT THAT CUSTOMERS USE THEIR COMPUTERS FOR DIFFERENT HOME AND BUSINESS PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR PROPERTY NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE OR LOSS SERVICES CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS, YOU AGREE TO THE LIMITATIONS OF DATA LIABILITY IN THIS SECTION 11 AND ACKNOWLEDGE THAT RESULTS FROM SUCH DOWNLOAD.WITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEES CHARGED FOR THE SOFTWARE AND SUBSCRIPTION SERVICES WOULD BE HIGHER. Internet Security Pro 2008 AntiVirus Internet Security 2008

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR PERFORMANCE. OTHERWISE, BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, JETBRAINSWITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHER LEGAL OR EQUITABLE THEORY, (A) NEITHER RIVERBED NOR ANY OF ITS AFFILIATES OR SUPPLIERS IS LIABLE FOR (I) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, CONTRACTS, BUSINESS, REVENUES, GOODWILL OR REPUTATION, (II) COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, OR (III) LOSS OR CORRUPTION OF DATA, INTERRUPTION OF USE, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM CUSTOMER’S USE OF ANY PRODUCT, AND (B) THE AGGREGATE LIABILITY OF RIVERBED AND ITS AFFILIATES AND SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT WILL NOT LIMITED TO, IMPLIED WARRANTIES EXCEED THE AGGREGATE FEES RECEIVED BY RIVERBED FOR THE PROFESSIONAL SERVICES PROVIDED UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTACTION AROSE. THE FOREGOING LIMITATION IS CUMULATIVE, WITH REGARD ALL CLAIMS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND LIMIT. THE PROVISION EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF RIVERBED IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER RIVERBED NOR ANY OF ITS AFFILIATES IS LIABLE FOR ANY FAILURE OR DELAY DUE TO PROVIDE SUPPORT SERVICESMATTERS BEYOND ITS REASONABLE CONTROL. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) SECTION DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATELIMIT LIABILITY FOR BODILY INJURY OF A PERSON. THIS AGREEMENT DOES NOT ENTITLE CUSTOMER, RELIABLEUNDER ANY CIRCUMSTANCES, TO A REFUND OF ANY FEES PAID FOR PRODUCTS OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT SUPPORT SERVICES OR OF ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT FEES PAID UNDER ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADAGREEMENT.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH USING A MOBILE DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED. IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR THE MOBILE BANKING SERVICE), INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE MOBILE BANKING SERVICE EVEN IF YOU, BANK, OR BANK’S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF BANK AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED TO YOU BY BANK ON AN “AS IS” AND “BASIS. EXCEPT AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS EXPRESSLY SET FORTH IN THIS AGREEMENT, BANK MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINSNO, AND ITS SUPPLIERS HEREBY DISCLAIMS ANY AND RESELLERSALL, DISCLAIM ALL WARRANTIES AND CONDITIONSREPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGIN LAW OR IN FACT, BUT NOT LIMITED TOWHATSOEVER TO YOU OR TO ANY OTHER PERSON AS TO THE SERVICES OR ANY ASPECT THEREOF, IMPLIED WARRANTIES INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEQUALITY, AND NON-INFRINGEMENTACCURACY, OR SUITABILITY. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR ANY SERVICES TO BE PERFORMED PURSUANT HERETO. BANK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU AS TO ANY MOBILE DEVICE HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH REGARD THE SERVICE (INCLUDING, WITHOUT LIMITATION, YOUR MOBILE DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR MOBILE SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE JETBRAINS PLUGIN MARKETPLACE SUITABILITY OR COMPATIBILITY OF BANK’S SOFTWARE, INTERNET DELIVERED SERVICE, AND EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR MOBILE DEVICE HARDWARE OR SOFTWARE, FOR THE PROVISION QUALITY OF PERFORMANCE OR LACK OF PERFORMANCE OF ANY SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY BANK TO YOU IN CONNECTION WITH THIS AGREEMENT, OR FOR THE TRANSMISSION OR FAILURE OF TRANSMISSION OF ANY INFORMATION FROM YOU TO PROVIDE SUPPORT SERVICESBANK OR FROM BANK TO YOU. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES BANK SHALL NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR NOTIFYING YOU OF ANY DAMAGE UPGRADES OR ENHANCEMENTS TO ANY OF YOUR PROPERTY MOBILE DEVICE HARDWARE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADSOFTWARE.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED EXCEPT FOR EACH PARTY’S INDEMNITY OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, SUFFERED BY THE OTHER PARTY, INCLUDING WITHOUT LIMITATION LOST PROFITS OR GOODWILL, BUSINESS INTERRUPTIONS OR OTHER ECONOMIC LOSS ARISING OUT OF OR RELATED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. THIS AGREEMENT OR ANY USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT BE ABLE TO USE THE LEARNINGSTUDIO OR THE ▇▇▇▇▇▇▇ PRODUCTS OR SERVICES. DURING THE FIRST TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE, ▇▇▇▇▇▇▇’▇ MAXIMUM AGGREGATE LIABILITY UNDER THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTSAGREEMENT WILL IN NO EVENT EXCEED FIVE MILLION DOLLARS (USD). USER MAY HAVE OTHER RIGHTSTHEREAFTER, WHICH VARY FROM STATE/JURISDICTION ▇▇▇▇▇▇▇’▇ MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT DURING EACH SUBSEQUENT TWELVE MONTH PERIOD WILL IN NO EVENT EXCEED THE GREATER OF FIVE MILLION DOLLARS (USD) OR THE TOTAL FEES PAID BY RUTGERS TO STATE/JURISDICTION▇▇▇▇▇▇▇ PURSUANT TO THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING TWELVE MONTH PERIOD. JETBRAINS (AND ITS AFFILIATESNOTWITHSTANDING THE FOREGOING, AGENTSCLAIMS BASED ON PERSONAL INJURY OR DEATH SHALL NOT BE SUBJECT TO THE LIABILITY CAPS SET FORTH HEREIN. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, DIRECTORSTORT, OR OTHERWISE, EVEN IF THE PARTY HAS BEEN WARNED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT EVEN IF ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS LIMITED REMEDIES IN THIS AGREEMENT FAILS OF DATA THAT RESULTS FROM SUCH DOWNLOADTHEIR ESSENTIAL PURPOSE. No action, regardless of form, arising under this Agreement may be brought by either party more than two years after the facts supporting the cause of action become known, or reasonably should have become known, to the claimant, except that an action for non-payment may be brought without any limitation on time.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “OTHER THAN AS IS” EXPRESSLY SET OUT IN ARTICLE 9, INFRINGEMENT AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE DIGITALED’S INDEMNIFICATION OR PERFORMANCE. TO OTHERWISE HEREIN AND OT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAWS, JETBRAINS, THE SOFTWARE AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONSANY SUPPORT IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TO, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIGITALED, TITLEITS AFFILIATES, DEALERS, RESELLERS OR DISTRIBUTORS, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ASSUME THE ENTIRE RISK AS OT THE USE AND NON-INFRINGEMENTPERFORMANCE OF THE SOFTWARE, WITH REGARD SUPPORT AND DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL DIGITALED, ITS AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, SUPPORT AND/OR DOCUMENTATION BE LIABLE TO THE JETBRAINS PLUGIN MARKETPLACE SERVICEYOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION, TESTING INTERRUPTIONS, LOSS OF BUSINESS information (EXCLUDING LOSS OF PERSONAL INFORMATION), AND THE PROVISION LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, THE SUPPORT, THE TERMINATION OF THIS AGREEMENT, THE FAILURE OF EQUIPMENT RELATED TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTSYOUR COMPUTER OR DAMAGE TO YOUR COMPUTER, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES SOFTWARE OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PROPERTY RESULTING FROM YOUR USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT SOFTWARE OR SUPPORT, EVEN IF DIGITALED OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH A CASE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DIGITALED’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO DIGITALED FOR YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE MASTER SERVICES AGREEMENT. THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADYOU.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “"AS IS” " AND “"AS AVAILABLE” " BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S 'S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN OR IN COMPANY'S LIMITED WARRANTY ACCOMPANYING DELIVERY OF COMPANY PRODUCTS FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, COMPANY WILL NOT BE LIABLE FOR ANY LOST PROFITS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY DISTRIBUTOR, ITS CUSTOMERS OR OTHERS ARISING OUT OF OR RELATED TO YOU ON AN “AS IS” THIS AGREEMENT OR COMPANY PRODUCTS, FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE BREACH OF WARRANTY), EVEN IF COMPANY HAS BEEN ADVISED OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISKPOSSIBILITY OF SUCH DAMAGES. JETBRAINS MAKES NO WARRANTY AS TO ITS USE (b) EXCEPT FOR LIABILITY FOR PERSONAL INJURY OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINSPROPERTY DAMAGE ARISING FROM COMPANY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND ITS SUPPLIERS FOR CLAIMS ARISING UNDER SECTION 12, IN NO EVENT WILL COMPANY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT OR COMPANY PRODUCTS, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND RESELLERSBREACH OF WARRANTY ASSERTED BY DISTRIBUTOR AGAINST COMPANY, DISCLAIM EXCEED * * *. THIS LIMITATION OF COMPANY'S LIABILITY IS CUMULATIVE, WITH ALL WARRANTIES PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. FURTHER, THE FOREGOING * * * LIMITATION SHALL NOT APPLY TO THOSE CLAIMS BROUGHT BY DISTRIBUTOR AGAINST COMPANY IN WHICH: (I) THE CLAIM SEEKS INDEMNIFICATION FOR * * *; AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR (II) THE * * * CLAIM * * * IS -------------- * * * Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as *****. A PARTICULAR PURPOSE, TITLEcomplete version of this exhibit has been filed separately with the Securities and Exchange Commission. -17- <PAGE> BASED UPON * * *, AND NON-INFRINGEMENT, WITH REGARD TO IS NOT BASED UPON * * *; SUCH CLAIMS SHALL BE LIMITED BY THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE LESSER OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD* * *.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS THE MATERIALS AND THE SUBSCRIPTION SERVICES (INCLUDING ALL CONTENT, SOFTWARE AND FUNCTIONS) ARE PROVIDED TO YOU ON AN “"AS IS” " AND “"AS AVAILABLE” BASIS " AND "WITH ALL FAULTS" WITHOUT WARRANTIESWARRANTY OF ANY KIND. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS COMPANY MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOF ANY KIND WHATSOEVER, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDINGINCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TOSECURITY, IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAVAILABILITY, OR UNINTERRUPTED ACCESS. ▇▇▇▇▇▇▇ DISCLAIMS AND NON-INFRINGEMENTCUSTOMER WAIVES ALL LIABILITY ARISING FROM THE ACCESS, WITH REGARD USE AND PRINTING OF THE MATERIALS AND PROVISION OF THE MATERIALS AND THE SUBSCRIPTION SERVICES EXCEPT AS PROVIDED IN PARAGRAPH 3.11. IN NO EVENT SHALL THE LIABILITY OF THE COMPANY TO THE JETBRAINS PLUGIN MARKETPLACE SERVICESCHOOL DISTRICT OR ANY THIRD PARTY FOR DAMAGES FOR ANY CAUSE WHATSOEVER RELATED TO OR ARISING OUT OF THE AGREEMENT OR THIS AGREEMENT EXCEED THE AMOUNT PAID BY THE SCHOOL DISTRICT TO THE COMPANY DURING THE PRECEDING TWELVE MONTHS. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY LOST PROFITS, AND INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY MATERIALS OR THE SUBSCRIPTION SERVICE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SCHOOL DISTRICT AGREES THAT ANY CLAIM ARISING FROM USE OF OR ACCESS TO THE MATERIALS PROVISION OF ANY SUBSCRIPTION SERVICES MUST BE MADE WITHIN ONE (1) YEAR OF THE FIRST DATE SUCH CLAIM FIRST ACCRUED OR SHALL BE DISMISSED AS UNTIMELY AND FOREVER BARRED. EXCEPT AS PROVIDED IN PARAGRAPH 3.11, THIS LIMITATION OF LIABILITY APPLIES TO ANY EXPENSES, DAMAGES OR INJURY CAUSED BY ANY FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTSOF PERFORMANCE, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATESERROR OF OMISSION, AGENTSINTERRUPTION, DIRECTORSDELETION, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATEDEFECT, RELIABLEDELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATIONUNAUTHORIZED ACCESS TO, UNINTERRUPTEDALTERATION OF, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE DATA RECORDS, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTUOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OTHER CAUSE OF DATA THAT RESULTS FROM SUCH DOWNLOADACTION.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES10.1. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONTRARY IN THE AGREEMENT, JETBRAINSETQ’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, AND ITS SUPPLIERS AND RESELLERSBASED ON ANY THEORY OF LIABILITY, DISCLAIM ALL WARRANTIES AND CONDITIONSWHETHER CONTRACT, EITHER EXPRESS TORT, STRICT LIABILITY, NEGLIGENCE, OR IMPLIEDOTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD WHETHER RELATING TO THE JETBRAINS PLUGIN MARKETPLACE SERVICESOFTWARE, DOCUMENTATION, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF APPLICABLE FEES PAID TO ETQ UNDER THE APPLICABLE ORDER FORM FOR THE SOFTWARE AND DOCUMENTATION, OR OTHERWISE, GIVING RISE TO THE PROVISION OF OR FAILURE LIABILITY, DECREASED ON A STRAIGHT LINE PRORATED BASIS OVER A FIVE (5) YEAR PERIOD FROM THE EFFECTIVE DATE. 10.2. NOTWITHSTANDING ANYTHING TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTSTHE CONTRARY IN THE AGREEMENT, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND IN NO EVENT SHALL ETQ, ITS AFFILIATESLICENSORS, EMPLOYEES, AGENTS, DIRECTORSDISTRIBUTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATEMARKETING PARTNERS, RELIABLERESELLERS, PARENT OR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATIONCONSEQUENTIAL DAMAGES, UNINTERRUPTEDINCLUDING RESULTING FROM UNAUTHORIZED ACCESS TO, OR SECURE; THAT ANY DEFECTS THE ALTERATION, DELETION, DESTRUCTION, DAMAGE, LOSS, DISCLOSURE, UNAVAILABILITY OR ERRORS WILL BE CORRECTED; NON-STORAGE OF DATA, OR THAT THE JETBRAINS PLUGIN MARKETPLACE FROM DELAYS, LOSS OF PROFIT, INTERRUPTION OF SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM BUSINESS OR ANTICIPATORY PROFITS, BASED ON ANY THEORY OF LIABILITY, WHETHER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE, WHETHER RELATING TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE AND TECHNICAL SUPPORT, OR OTHERWISE, EVEN IF ETQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DOWNLOADDAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE. 10.3. THE PROVISIONS OF SECTIONS 10.1 AND 10.2 ARE FUNDAMENTAL AND SPECIFIC REQUIREMENTS OF THE BASIS OF THE BARGAIN BETWEEN ETQ AND CUSTOMER AND ETQ WOULD NOT BE ABLE TO ENTER INTO THE AGREEMENT WITHOUT SUCH PROVISIONS.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS 23.1. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, BNOVATE SHALL NOT INDEMNIFY NOR BE LIABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. THE CUSTOMER, THE CUSTOMER’S CUSTOMERS, SUCCESSORS, OR TO ANY PERSON OR ENTITY FOR ANY CLAIMS, DAMAGES OR LOSSES ARISING OUT OF THE SALE, LEASE OR USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE PRODUCTS OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF ANY SERVICES BY BNOVATE. 23.2. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BNOVATE SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON FOR ANY KIND OF SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGE OR LOSS, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION, DAMAGE BASED UPON LOST GOODWILL, LOST SALES OR PROFIT, DELAY IN DELIVERY, WORK STOPPAGE, PRODUCTION FAILURE, IMPAIRMENT OF OTHER GOODS OR BASED ON ANY OTHER CAUSE, AND WHETHER ARISING OUT OF OR IN CONNECTION WITH ANY USE OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE PRODUCTS, BREACH OF WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE OR OTHERWISE. BNOVATE’S LIABILITY IS NOTABLY EXCLUDED (I) FOR ANY DAMAGE DIRECTLY OR INDIRECTLY ARISING OUT OF AN INTERPRETATION OF THE RESULTS GENERATED BY THE PRODUCTS AND (II) IN THE EVENT THAT THE PRODUCTS ARE USED FOR ANY TYPE OF HUMAN TESTING, ANIMAL TESTING, DIAGNOSIS AND ANY USE WHICH IS NOT IN COMPLIANCE WITH THE SALE AGREEMENT OR, WHERE APPLICABLE, THE LEASE AGREEMENT. 23.3. BNOVATE'S LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND THE USE THEREOF SHALL UNDER NO CIRCUMSTANCES EXCEED THE PRICE PAID BY THE CUSTOMER TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADBNOVATE DURING THE LAST 12 MONTHS.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED A. SUBJECT TO YOU ON AN “AS IS” SECTION 9(B) BELOW AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND IN NO EVENT SHALL TREND MICRO OR ITS SUPPLIERS AND RESELLERSBE LIABLE TO YOU (i) FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR (ii) FOR ANY CONSEQUENTIAL, DISCLAIM ALL WARRANTIES AND CONDITIONSSPECIAL, EITHER EXPRESS INCIDENTAL OR IMPLIEDINDIRECT DAMAGES OF ANY KIND OR FOR LOST OR CORRUPTED DATA OR MEMORY, INCLUDINGSYSTEM CRASH, BUT NOT LIMITED TODISK/SYSTEM DAMAGE, IMPLIED WARRANTIES LOST PROFITS OR SAVINGS, OR LOSS OF MERCHANTABILITYBUSINESS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION ARISING OUT OF OR FAILURE RELATED TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEESAGREEMENT OR THE SOFTWARE OR B. SECTION 9(A) DOES NOT WARRANT THAT SEEK TO LIMIT OR EXCLUDE THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, LIABILITY OF TREND MICRO OR CORRECT; THAT ITS SUPPLIERS IN THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME EVENT OF DEATH OR LOCATION, UNINTERRUPTED, PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR SECURE; THAT ANY DEFECTS FOR FRAUD OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO YOUR PROPERTY EXCLUDE. C. SUBJECT TO SECTIONS 9(A) AND 9(B) ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF TREND MICRO OR LOSS ITS SUPPLIERS FOR ANY CLAIM, WHETHER FOR BREACH OF DATA THAT RESULTS FROM SUCH DOWNLOADCONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE SOFTWARE LICENCE AND SUBSCRIPTION SERVICE FEES PAID OR OWED BY YOU. D. THE LIMITATIONS OF LIABILITY IN THIS SECTION 9 ARE BASED ON CERTAIN BUSINESS REALITIES: AS A CONTENT SECURITY VENDOR, TREND MICRO FACES EVER PRESENT TECHNICAL CHALLENGES IN PROVIDING A GLOBAL CUSTOMER BASE WITH TIMELY AND EFFECTIVE RESPONSES TO THE INCREASING QUANTITY, VARIETY AND COMPLEXITY OF MALICIOUS AND UNWANTED ELECTRONIC CONTENT. OF NECESSITY, THE SCOPE, PRECISION AND COMPLETENESS OF OUR RESPONSES ARE CONSTRAINED BY THE NEED FOR TIMELINESS.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED EXCEPT FOR FRAUD, BREACHES OF SECTIONS 16 AND 18 AND EACH PARTY’S INDEMNITY OBLIGATIONS IN SECTION 22, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, SUFFERED BY THE OTHER PARTY, INCLUDING WITHOUT LIMITATION LOST PROFITS OR GOODWILL, BUSINESS INTERRUPTIONS OR OTHER ECONOMIC LOSS ARISING OUT OF OR RELATED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. THIS AGREEMENT OR ANY USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT BE ABLE TO USE THE ECOLLEGE SYSTEM OR THE ECOLLEGE SERVICES. DURING THE FIRST TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE, ECOLLEGE’S MAXIMUM AGGREGATE LIABILITY UNDER THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTSAGREEMENT FOR DIRECT DAMAGES WILL IN NO EVENT EXCEED THE TOTAL FEES PAID TO ECOLLEGE BY CUSTOMER DURING THAT FIRST TWELVE MONTHS. USER MAY HAVE OTHER RIGHTSTHEREAFTER, WHICH VARY FROM STATE/JURISDICTION ECOLLEGE’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT DURING EACH SUBSEQUENT TWELVE MONTH PERIOD FOR DIRECT DAMAGES WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO STATE/JURISDICTIONECOLLEGE PURSUANT TO THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING TWELVE MONTH PERIOD. JETBRAINS (AND ITS AFFILIATESTHE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, AGENTSTORT, DIRECTORSOR OTHERWISE, EVEN IF THE PARTY HAS BEEN WARNED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT EVEN IF ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS LIMITED REMEDIES IN THIS AGREEMENT FAILS OF DATA THAT RESULTS FROM SUCH DOWNLOADTHEIR ESSENTIAL PURPOSE. No action, regardless of form, arising under this Agreement may be brought by either party more than three (3) years after the facts supporting the cause of action become known, or reasonably should have become known, to the claimant.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWLAWS, JETBRAINSIN NO EVENT WILL STRIKEFORCE TECHNOLOGIES, AND ITS SUPPLIERS AND RESELLERSINC. AFFILIATES, DISCLAIM ALL WARRANTIES AND CONDITIONSDIRECTORS, EITHER EXPRESS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR IMPLIEDRESELLERS (COLLECTIVELY, THE "STRIKEFORCE") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, DIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO USING OR NON-USING THE PRODUCT, INCLUDING, BUT NOT LIMITED TOTO DAMAGES CAUSED BY PERSONAL INJURIES OR PROPERTY LOSSES, IMPLIED WARRANTIES DAMAGES CAUSED BY LOST PROFITS, LOST DATA, WORK STOPPAGE, INTELLIGENT TERMINAL FAILURE OR MALFUNCTION OR LOST COMMERCIAL INFORMATION, DAMAGES CUASED BY DISCLOSURE OF MERCHANTABILITYPRIVACY DUE TO FAILURE TO PERFORM GOOD-WILL OR PROPER CARE OR ANY OTHER LIABILITY, FITNESS FOR A PARTICULAR PURPOSEDAMAGES CAUSE BY NEGLIGENCE, TITLEOR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND NON-INFRINGEMENTREGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, WITH REGARD TO TORT OR OTHERWISE) UPON WHICH THE JETBRAINS PLUGIN MARKETPLACE SERVICECLAIM IS BASED. IN ANY CASE, THE STRIKEFORCE'S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THE ▇▇▇▇ SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE REASONABLE FEES YOU PAID FOR LICENSE OF THE "PRODUCT" (IF ANY) STIPULATED IN THE ▇▇▇▇. IF YOU GET THE "PRODUCT" AND THE PROVISION OF CORRESPONDING SERVICE FOR FREE, STRIKEFORCE SHALL NOT BE OBLIGATED TO UNDERTAKE ANY RESPONSBILITY OR FAILURE TO PROVIDE SUPPORT SERVICESPAY ANY COMPENSATION. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTSADDITIONALLY, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES STRIKEFORCE SHALL NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE LIABLE FOR ANY DAMAGE TO YOUR PROPERTY CLAIMS OR LOSS DAMAGES ARISING OUT OF DATA CONTENT PROVIDED BY LICENSEEOR A THIRD PARTY THAT RESULTS FROM IS ACCESSED THROUGH OR USED WITH THE "PRODUCT" AND/OR ANY MATERIAL LINKED THROUGH SUCH DOWNLOADCONTENT.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED EXCEPT FOR ANY FAILURE TO YOU ON AN “AS IS” COMPLY WITH THE LICENSE OR OWNERSHIP RIGHTS OR CONFIDENTIALITY PROVISIONS IN THIS LICENSE AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR INCIDENTAL DAMAGES HOWEVER CAUSED, AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE OR OTHERWISE, EVEN IF A PARTY SHALL HAVE BEEN ADVISED OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISKPOSSIBILITY OF SUCH DAMAGES. JETBRAINS MAKES THIS LIMITATION SHALL, HOWEVER, NOT APPLY TO ANY ROYALTIES THAT ARE OR BECOME DUE AND PAYABLE HEREUNDER. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE AMOUNTS PAYABLE UNDER THIS LICENSE AGREEMENT HAVE BEEN ESTABLISHED BASED UPON THESE LIABILITY LIMITATIONS, AND AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT FOR ANY FAILURE TO COMPLY WITH THE CONFIDENTIALITY PROVISIONS IN THIS LICENSE AGREEMENT, DOT HILL’S MAXIMUM LIABILITY UNDER THIS LICENSE AGREEMENT, HOWEVER ARISING, SHALL IN NO WARRANTY EVENT EXCEED [...***...]. IN NO EVENT SHALL THIS LICENSE AGREEMENT BE CONSTRUED SO AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT REDUCE ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS PROPRIETARY RIGHTS OF DATA THAT RESULTS FROM SUCH DOWNLOADDOT HILL.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED FUDO SHALL NOT BE LIABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE CUSTOMER UNDER, IN CONNECTION WITH, OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL THEORY FOR ANY: (I) INDIRECT, PUNITIVE, LOST PROFITS OR TRABSACTIONAL LOSSES; (II) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS; (III) LOSS OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS GOODWILL OR REPUTATION; (IV) USE, INABILITY TO ITS USE USE, INTERRUPTION, DELAY, OR PERFORMANCE. DAMAGE RESULTING FROM SYSTEM FAILURE, MALFUNCTION, SHUTDOWN, FAILURE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWACCURATE TRANSFER OR READ INFORMATION, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT CORRECT INFORMATION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES RESULTING FROM OR RELATED TO THE USE OR INABILITY TO USE FUDO ENTERPRISE, HOWEVER CAUSED; (V) LOSS, INABILITY TO USE, OR RECOVERY OF ANY CUSTOMER DATA, OR BREACH OF CUSTOMER DATA OR SYSTEM SECURITY; OR (VI) COST OF REPLACEMENT GOODS OR SERVICES. THIS LIMITATION OF LIABILITY WILL APPLY WHETHER FUDO WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. ● Aggregate Liability. CUSTOMER AGREES THAT THE TOTAL LIABILITY OF FUDO TO CUSTOMER ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THIS AGREEMENT OR CUSTOMER’S USE OF FUDO ENTERPRISE WILL NOT EXCEED, IN THE AGGREGATE FOR ALL SUCH LIABILITIES, ONE THOUSAND EURO (1.000 EUR), OR THE TOTAL NUMBER OF FEES, PAID BY CUSTOMER TO FUDO DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT ACT OR OMISSION GIVING RISE TO FUDO LIABILITY. CUSTOMER RELEASES FUDO FROM ALL OBLIGATIONS, LIABILITY, CLAIMS, OR DEMANDS IN EXCESS OF THE LIMITATION. THIS LIMITATION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTSOR REMEDY HEREUNDER IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. USER MAY HAVE OTHER RIGHTS● Allocation of Risk. CUSTOMER acknowledges and agrees that FUDO provides Fudo Enterprise in reliance upon the disclaimers of warranty and limitation of liability provisions provided herein and that the terms of this Agreement reflect an allocation of risk between CUSTOMER and FUDO (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONand that the provisions herein form an essential basis of the bargain between CUSTOMER and FUDO. JETBRAINS (AND ITS AFFILIATESIf CUSTOMER is subject to applicable Laws that prohibit CUSTOMER from entering into the risk allocation arrangement as set forth herein, AGENTSthen the terms will apply to CUSTOMER to the fullest extent permitted by applicable Law, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSit being understood that CUSTOMER and FUDO wish to enforce the provisions of this Agreement to the maximum extent permitted by applicable Law. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.●

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU ON AN “AS IS” AGREE THAT CARELUMINA, ITS AFFILIATES, AGENTS, AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGES, EXPENSES OR COSTS WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THIS SERVICE, YOUR PURCHASE OR USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT CARELUMINA PRODUCTS, SERVICES OR INFORMATION, YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY PARTICIPATION AS A CARELUMINA INDEPENDENT REPRESENTATIVE, OR FROM UNAUTHORIZED ACCESS TO ITS USE OR PERFORMANCEALTERATION OF YOUR TRANSMISSIONS OR DATA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAWS, JETBRAINSYOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ITS SUPPLIERS AGREE THAT WE HAVE SET OUR PRICES AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES ENTERED INTO THIS AGREEMENT WITH YOU IN RELIANCE UPON THE LIMITATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. LIABILITY SET FORTH IN THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTSAGREEMENT, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONALLOCATE RISK BETWEEN US AND FORM THE BASIS OF A BARGAIN BETWEEN US. JETBRAINS (AND ITS AFFILIATESNOTWITHSTANDING THE FOREGOING, AGENTSSOME JURISDICTIONS MAY NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, DIRECTORS, AND EMPLOYEES) DOES SO NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE ALL OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ABOVE LIMITATIONS MAY APPLY TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADYOU.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINSTHE OXFORD GROUP WILL NOT BE LIABLE TO CUSTOMER, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OF PROFIT OR SAVINGS OR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND ITS SUPPLIERS AND RESELLERSHOWSOEVER ARISING (WHETHER IN TORT (INCLUDING FROM OXFORD’S NEGLIGENCE), DISCLAIM IN CONTRACT, UNDER STATUTE OR OTHERWISE). SUBJECT TO SECTION 10.3, IN ALL WARRANTIES AND CONDITIONSEVENTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES THE MAXIMUM DAMAGES OF MERCHANTABILITY, FITNESS ANY TYPE FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO WHICH THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. OXFORD GROUP SHALL BE LIABLE UNDER THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USERAGREEMENT FOR CUSTOMER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL GOODS IS LIMITED TO THE AMOUNT OF FEES PAID BY CUSTOMER TO OXFORD UNDER THE APPLICABLE ORDER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. HOWEVER, THESE PROVISIONS DO NOT LIMIT OXFORD’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ▇▇▇▇▇▇’S GROSS NEGLIGENCE OR FRAUD, FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY THAT CANNOT BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADEXCLUDED BY LAW. Any action for breach of this Agreement or claim for indemnification must be commenced within one year of delivery of the Goods to the carrier, following which Customer covenants not to bring or permit the making of any claim, action or proceeding in connection with this Agreement or its subject matter.

Limited Liability. JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED RIDER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, BTS AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING ANY CLAIM ARISING OUT OF OR RELATING TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. (i) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (ii) RIDER'S USE OF, OR INABILITY TO USE, ANY OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE SERVICES, (iii) RIDER'S BREACH OF THIS AGREEMENT OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE RIDER'S VIOLATION OF ANY LAW, JETBRAINS(iv) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER,(v) RIDER'S FAILURE TO WEAR A BICYCLE HELMET WHILE USING A BIKE, (vi) ANY INJURY, DAMAGE, OR COST CAUSED BY RIDER WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE BIKE ITSELF, OR (vii) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. RIDER WAIVES ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, UNDER ANY LEGAL THEORY, EVEN IF BTS OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. THE TOTAL LIABILITY OF BTS AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; IF ANY OF THOSE LAWS APPLY TO RIDER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RIDER, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIDER MIGHT HAVE ADDITIONAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.