Common use of Limited Warranty and Disclaimers Clause in Contracts

Limited Warranty and Disclaimers. INTERMAP WARRANTS FOR SIXTY (60) DAYS AFTER THE DELIVERY OF THE PRODUCTS THAT THE DATA DELIVERED WILL BE OF THE AREA OF INTEREST ORDERED AND THE MEDIA USED TO CARRY THE DATA WILL BE FREE FROM PHYSICAL OR MATERIAL DEFECTS. INTERMAP’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE TO REPLACE THE MEDIA IF IT (NOT THE SOFTWARE OR DATA ENCODED THEREON) IS DEFECTIVE AND YOU RETURN SUCH TO INTERMAP WITHIN SIXTY (60) DAYS OF DELIVERY. EXCEPT FOR THE LIMITED WARRANTY SPECIFIED HEREIN, THE PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. INTERMAP DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT USE OF THE PRODUCTS WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY THE OTHER PARTY (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), IRRESPECTIVE OF WHETHER SUCH PARTY HAS BEEN INFORMED, KNEW, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT. IF THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON BE HELD UNENFORCEABLE OR INAPPLICABLE, BOTH PARTIES AGREE THAT THE OTHER’S LIABILITY SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE LICENSE FEES PAID BY CLIENT TO INTERMAP WITH RESPECT TO THE PRODUCTS AT ISSUE.

Limited Warranty and Disclaimers. INTERMAP WARRANTS FOR SIXTY (60) DAYS AFTER TO THE DELIVERY OF THE PRODUCTS THAT THE DATA DELIVERED WILL BE OF THE AREA OF INTEREST ORDERED AND THE MEDIA USED TO CARRY THE DATA WILL BE FREE FROM PHYSICAL OR MATERIAL DEFECTS. INTERMAP’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE TO REPLACE THE MEDIA IF IT (NOT THE SOFTWARE OR DATA ENCODED THEREON) IS DEFECTIVE AND YOU RETURN SUCH TO INTERMAP WITHIN SIXTY (60) DAYS OF DELIVERY. EXCEPT FOR THE LIMITED WARRANTY SPECIFIED HEREINMAXIMUM EXTENT ALLOWED BY LAW, THE PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. INTERMAP DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT USE OF THE PRODUCTS WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT SHALL EITHER PARTY WILL CLOUDJUMPER OR ITS AFFLIATES BE LIABLE FOR ANY CLAIM LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS INCURRED BY THE OTHER PARTY (INCLUDING WITHOUT LIMITATION COMPENSATORYOF USE, INCIDENTALLOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR EXEMPLARY DAMAGES)OTHERWISE. CLOUDJUMPER’S AND ITS AFFILIATES’ LIABILITY UNDER THIS AGREEMENT WILL NOT, IRRESPECTIVE IN ANY EVENT, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN INFORMEDTHE CLAIM IS BASED IN CONTRACT, KNEWTORT, STRICT LIABILITY, OR SHOULD HAVE KNOWN OF OTHERWISE, EXCEED THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT. IF AMOUNT SET FORTH IN THE LIMITATION OF LIABILITY SET FORTH IN LIABILITY/SOLE REMEDY PROVISION OF THE SA. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER CLOUDJUMPER OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER MAY NOT BRING A CLAIM UNDER THIS AGREEMENT SHALL FOR ANY REASON BE HELD UNENFORCEABLE OR INAPPLICABLE, BOTH PARTIES AGREE THAT LATER THAN EIGHTEEN (18) MONTHS AFTER THE OTHER’S LIABILITY SHALL NOT EXCEED FIFTY PERCENT (50%) CAUSE OF THE LICENSE FEES PAID BY CLIENT TO INTERMAP WITH RESPECT TO THE PRODUCTS AT ISSUEACTION ARISES.

Limited Warranty and Disclaimers. INTERMAP WARRANTS FOR SIXTY (60) DAYS AFTER THE DELIVERY OF THE PRODUCTS THAT THE DATA DELIVERED WILL BE OF THE AREA OF INTEREST ORDERED AND THE MEDIA USED TO CARRY THE DATA WILL BE FREE FROM PHYSICAL OR MATERIAL DEFECTS. INTERMAP’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE TO REPLACE THE MEDIA IF IT (NOT THE SOFTWARE OR DATA ENCODED THEREON) IS DEFECTIVE AND YOU RETURN SUCH TO INTERMAP WITHIN SIXTY (60) DAYS OF DELIVERYSpear Innovations represents and warrants to Purchaser that Spear Innovations has the authority to enter into the Agreement and grant the rights set forth herein. EXCEPT FOR THE LIMITED WARRANTY SPECIFIED AS EXPRESSĮY SET FORTH HEREIN, TO THE PRODUCTS MAXIMUM EXTENT PERMITTED BY ĮAW, THE SPEAR OFFERINGS ARE PROVIDED WITHOUT WARRANTY SOĮD “AS IS”. SPEAR INNOVATIONS, ITS AFFIĮIATES AND ITS THIRD-PARTY SERVICE PROVIDERS EXPRESSĮY DISCĮAIM AĮĮ OTHER WARRANTIES, EXPRESS OR IMPĮIED, INCĮUDING, BUT NOT ĮIMITED TO THE IMPĮIED WARRANTIES OF ANY KINDMERCHANTABIĮITY, AND ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDEDPARTICUĮAR PURPOSE, NONINFRINGEMENT AND THOSE ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEAĮING, OR FROM USAGE OF TRADE. INTERMAP SPEAR DOES NOT WARRANT THAT THE PRODUCTS WILL SPEAR OFFERINGS MEET YOUR NEEDS PURCHASER OR EXPECTATIONS END CUSTOMER’S REQUIREMENTS, OR THAT THE OPERATION OF ANY SERVICES WIĮĮ BE UNINTERRUPTED, ERROR-FREE, WITHOUT DOWNTIME, WITHOUT DATA ĮOSS, OR THAT DEFECTS IN THE SERVICES WIĮĮ BE CORRECTED. FURTHERMORE, NEITHER SPEAR NOR ITS THIRD-PARTY SERVICE PROVIDERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE PERFORMANCE OR THE RESUĮTS OF THE USE OF THE PRODUCTS WILL BE ERROR FREE SPEAR OFFERINGS OR UNINTERRUPTED. DOCUMENTATION IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY THE OTHER PARTY (INCLUDING WITHOUT LIMITATION COMPENSATORYTERMS OF THEIR CORRECTNESS, INCIDENTALACCURACY, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), IRRESPECTIVE OF WHETHER SUCH PARTY HAS BEEN INFORMED, KNEWREĮIABIĮITY, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGESOTHERWISE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT NO ORAĮ OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPEAR OR ITS AUTHORIZED REPRESENTATIVES SHAĮĮ CREATE A WARRANTY OR TORTIN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. IF THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON BE HELD UNENFORCEABLE OR INAPPLICABLEThe foregoing limitations and exclusions apply to the extent permitted by applicable law in End Customer’s jurisdiction. If applicable law limits the application of the provisions of this Section, BOTH PARTIES AGREE THAT THE OTHER’S LIABILITY SHALL NOT EXCEED FIFTY PERCENT Spear Innovations’ liability will be limited to the maximum extent permissible. The possible product-specific warranty policies (50%if included with the Quote or Product Documentation) OF THE LICENSE FEES PAID BY CLIENT TO INTERMAP WITH RESPECT TO THE PRODUCTS AT ISSUEcontain the warranty terms that apply to the specific Spear Offerings and are hereby incorporated into these Terms by reference. All warranties are solely for the benefit of the End Customer. Provided, however, Spear Innovations does not accept warranty claims directly from End Customers that purchase Spear Offerings from a Reseller. Resellers are expected to manage warranty claims escalated by its End Customers.

Limited Warranty and Disclaimers. INTERMAP 12.1. DATADOG WARRANTS THAT THE SERVICES, SUPPORT AND ANY OTHER MATERIAL PROVIDED BY DATADOG WILL, FOR A PERIOD OF SIXTY (60) DAYS AFTER FROM THE DELIVERY OF SERVICES START DATE, PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE PRODUCTS THAT THE DATA DELIVERED WILL BE OF THE AREA OF INTEREST ORDERED DOCUMENTATION AND THE MEDIA USED TO CARRY THE DATA WILL BE FREE FROM PHYSICAL OR THIS AGREEMENT IN ALL MATERIAL DEFECTS. INTERMAP’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE TO REPLACE THE MEDIA IF IT (NOT THE SOFTWARE OR DATA ENCODED THEREON) IS DEFECTIVE AND YOU RETURN SUCH TO INTERMAP WITHIN SIXTY (60) DAYS OF DELIVERYRESPECTS. EXCEPT FOR THE LIMITED AS EXPRESSLY PROVIDED IN THESE TERMS, NEITHER PARTY MAKES ANY WARRANTY SPECIFIED HEREIN, THE PRODUCTS ARE PROVIDED WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL WARRANTIES WARRANTIES, WHETHER IMPLIED, EXPRESS, OR MERCHANTABILITY AND STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 12.2. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ALL SERVICES, SUPPORT AND ANY OTHER MATERIAL ARE EXPRESSLY EXCLUDEDPROVIDED BY DATADOG ON AN “AS IS” AND “AS AVAILABLE” BASIS. INTERMAP DOES NOT WARRANT DATADOG MAKES NO REPRESENTATION OR WARRANTY, AND HAS NO SUPPORT OBLIGATIONS OR LIABILITY, WITH RESPECT TO ANY CUSTOMER COMPONENT. WITHOUT LIMITING THE OTHER PROVISIONS OF THIS SECTION 12, DATADOG MAKES NO WARRANTY OF ANY KIND THAT THE PRODUCTS WILL MEET YOUR NEEDS SERVICES, DOCUMENTATION, ANCILLARY TOOLS OR EXPECTATIONS ANY OTHER MATERIAL, OR THAT USE RESULTS OF THE PRODUCTS WILL USE THEREOF, WILL: (a) MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS; (b) OPERATE WITHOUT INTERRUPTION; (c) ACHIEVE ANY INTENDED RESULT; (d) BE ERROR FREE OR UNINTERRUPTED(e) BE COMPATIBLE, WORK WITH OR CONTINUE TO WORK WITH CUSTOMER COMPONENTS. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY THE OTHER PARTY CHANGES TO CUSTOMER COMPONENTS (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL THEIR UNAVAILABILITY) OR EXEMPLARY DAMAGES), IRRESPECTIVE OF WHETHER SUCH THIRD-PARTY HAS BEEN INFORMED, KNEW, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT. IF THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON BE HELD UNENFORCEABLE OR INAPPLICABLE, BOTH PARTIES AGREE THAT THE OTHERTERMS DURING A CUSTOMER ORDER TERM DO NOT AFFECT CUSTOMER’S LIABILITY SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE LICENSE FEES PAID BY CLIENT TO INTERMAP WITH RESPECT TO THE PRODUCTS AT ISSUEOBLIGATIONS UNDER THESE TERMS.

Limited Warranty and Disclaimers. INTERMAP WARRANTS FOR SIXTY (60) DAYS AFTER 1. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE DELIVERY SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE PRODUCTS THAT SERVICE TO YOU OR TO ANY OF YOUR END USERS AND ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE DATA DELIVERED WILL BE COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE AREA OF INTEREST ORDERED AND SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE MEDIA USED TO CARRY THE DATA WILL BE FREE FROM PHYSICAL OR MATERIAL DEFECTS. INTERMAP’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE TO REPLACE THE MEDIA IF IT (NOT THE SOFTWARE OR DATA ENCODED THEREON) IS DEFECTIVE AND YOU RETURN SUCH TO INTERMAP WITHIN SIXTY (60) DAYS OF DELIVERYSERVICE. 2. EXCEPT FOR AS EXPRESSLY SET FORTH IN SECTION XVII 1. AND ONLY TO THE LIMITED WARRANTY SPECIFIED HEREINEXTENT PERMITTED BY LAW, THE PRODUCTS ARE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND ALL WARRANTIES OR MERCHANTABILITY AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDEDPURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. INTERMAP DOES WE DO NOT WARRANT THAT THE PRODUCTS SERVICE WILL BE CONTINUOUS OR UNINTERRUPTED OR THAT IT WILL MEET YOUR NEEDS OR EXPECTATIONS END USERS’ REQUIREMENTS. 3. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR OR THAT YOUR END USERS’ USE OF THE PRODUCTS SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE ERROR FREE CORRECTED. 4. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH ANY REGISTRANT OR UNINTERRUPTED. IN NO EVENT SHALL EITHER PARTY BE OTHER SERVICE USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIM CLAIMS OR LOSS INCURRED DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE OR THE SERVICE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE. 5. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY THE OTHER PARTY ADVERTISERS, THIRD PARTIES (INCLUDING WITHOUT LIMITATION COMPENSATORYEVENT PRODUCERS) OR OTHER USERS ON OR THROUGH THE SERVICE. 6. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, INCIDENTALWHETHER ORAL OR WRITTEN, INDIRECTOBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), IRRESPECTIVE OF WHETHER SUCH PARTY HAS BEEN INFORMED, KNEW, OR SHOULD HAVE KNOWN THEREFORE SOME OF THE LIKELIHOOD OF SUCH DAMAGESABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 7. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTIONApplicable law may not allow the exclusion of certain warranties, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT. IF THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON BE HELD UNENFORCEABLE OR INAPPLICABLEso to that extent, BOTH PARTIES AGREE THAT THE OTHER’S LIABILITY SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE LICENSE FEES PAID BY CLIENT TO INTERMAP WITH RESPECT TO THE PRODUCTS AT ISSUEsuch exclusions may not apply.

Limited Warranty and Disclaimers. INTERMAP MCAFEE WARRANTS FOR SIXTY (60) DAYS AFTER THE DELIVERY OF THE PRODUCTS TO AUTHORIZED OEM ONLY THAT THE DATA DELIVERED MCAFEE PRODUCTS WILL COMPLY WITH THE WARRANTIES SET FORTH IN TO THE END USER LICENSE AGREEMENT THAT ACCOMPANIES THE MCAFEE PRODUCTS. MCAFEE MAKES NO WARRANTY THAT ALL ERRORS OR FAILURES WILL BE CORRECTED. MCAFEE MAKES NO WARRANTY WITH RESPECT TO ERRORS OR FAILURES RESULTING FROM MISUSE, MISINSTALLATION, MISHANDLING, NEGLECT, ACCIDENT, OR ABUSE OF MCAFEE PRODUCTS; OR ERRORS RESULTING FROM INCORPORATION OF MCAFEE PRODUCTS INTO A SYSTEM, OR FAILURES TO APPLY UPDATES OR UPGRADES. MCAFEE MAKES NO WARRANTY THAT THE AREA OF INTEREST ORDERED AND THE MEDIA USED TO CARRY THE DATA MCAFEE PRODUCTS WILL PROTECT AGAINST ALL POSSIBLE SECURITY THREATS (INCLUDING INTENTIONAL MISCONDUCT BY THIRD PARTIES). MCAFEE MAKES NO WARRANTY THAT THERE WILL BE FREE FROM PHYSICAL NO MALFUNCTIONS CAUSED BY VIRUS, INFECTION, WORM OR MATERIAL DEFECTSSIMILAR MALICIOUS CODE NOT INTRODUCED OR DEVELOPED BY US. INTERMAP’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE TO REPLACE THE MEDIA IF IT (NOT THE SOFTWARE OR DATA ENCODED THEREON) IS DEFECTIVE AND YOU RETURN SUCH TO INTERMAP WITHIN SIXTY (60) DAYS OF DELIVERY. EXCEPT FOR THE LIMITED WARRANTY SPECIFIED HEREIN, THE MCAFEE PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF ANY KINDNOT DESIGNED, MANUFACTURED, TESTED OR INTENDED FOR HIGH RISK ACTIVITIES, AND MCAFEE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY FOR HIGH RISK ACTIVITIES. AUTHORIZED OEM AND ITS RESELLERS AND END USERS USE OR DISTRIBUTE MCAFEE PRODUCT(S) FOR HIGH RISK ACTIVITIES AT THEIR OWN RISK. AUTHORIZED OEM, ITS RESELLERS, AND END USERS WAIVE ALL CLAIMS AGAINST MCAFEE ARISING FROM USE OR DISTRIBUTION FOR HIGH RISK ACTIVITIES. MCAFEE MAKES NO OTHER WARRANTIES OR MERCHANTABILITY REGARDING THE MCAFEE PRODUCTS AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. INTERMAP DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT USE OF THE PRODUCTS WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY THE OTHER PARTY (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), IRRESPECTIVE OF WHETHER SUCH PARTY HAS BEEN INFORMED, KNEW, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT. IF THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON BE HELD UNENFORCEABLE OR INAPPLICABLE, BOTH PARTIES AGREE THAT THE OTHER’S LIABILITY SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE LICENSE FEES PAID BY CLIENT TO INTERMAP WITH RESPECT TO THE PRODUCTS AT ISSUEPURPOSE.