Common use of Limited Warranty and Limitation of Liability Clause in Contracts

Limited Warranty and Limitation of Liability. A. EBSCO and its licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its licensors any other liability in connection with the licensing of the Databases or the Services under this Agreement and/or its use thereof by the Licensee and Sites or Authorized Users. B. THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. Licensee is responsible for maintaining a valid license to the third party resources configured to be used via the Services (if applicable). EBSCO disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorization. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

Limited Warranty and Limitation of Liability. A. EBSCO and a. Vision agrees to use its licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person “best efforts” to assume for EBSCO or its licensors any other liability in connection with provide the licensing of the Databases or the Services services required under this Agreement and/or its use thereof in a prompt manner, but in no event shall Vision be liable for any damages or liabilities, directly or indirectly caused by the Licensee and Sites failure to properly provide any services under this Agreement, by length of down time, or Authorized Userstemporary unavailability of personnel due to calls arriving prior to Customer’s call. B. b. The Customer assumes full responsibility for backup of all programs and all data and any loss of program or data is not covered by this Agreement. c. EXCEPT FOR THE MAXIMUM LIMITED WARRANTIES STATED ABOVE, VISION DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SUBJECT MATTER HEREOF, THE SERVICES TO BE PROVIDED BY VISION AND ANY MATERIAL SUPPLIED BY VISION, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. d. VISION SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY VISION PROGRAMS OR SERVICES PROVIDED BY VISION, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION OF EBSCO AND ITS LICENSORSSERVICES, IF ANY, UNDER THIS AGREEMENTLOSS OF BUSINESS, OR ANTICIPATORY PROFITS, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR OPERATION OF THE EQUIPMENT OR PROGRAMS, OR RELIANCE UPON ANY REPRESENTATIONS OR DEMONSTRATIONS BY VISION CONCERNING SUCH USE OR OPERATION, AND IN NO EVENT SHALL VISION BE LIABLE FOR LOSS OF PROFITS, OR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT BREACH OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURREDTHIS AGREEMENT. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER VISIONS TOTAL LIABILITY HEREUNDER EXCEED THE TOTAL AMOUNT RECEIVED BY VISION FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES PRODUCTS OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESUNDER THIS AGREEMENT. C. Licensee is responsible for maintaining a valid license to the third party resources configured to be used via the Services e. NO ACTION ARISING OUT OF ANY CLAIMED BREACH OF THIS AGREEMENT MAY BE BROUGHT MORE THAN TWO (if applicable). EBSCO disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorization2) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED OR DATE OF DELIVERY OF ANY PRODUCT OR SERVICE REFERRED TO IN THIS AGREEMENT. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

Limited Warranty and Limitation of Liability. A. EBSCO and its licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its licensors any other liability in connection with the licensing of the Databases or the Services under this Agreement and/or its use thereof by the Licensee and Sites or Authorized Users. B. THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. Licensee is responsible for maintaining a valid license to the third third-party resources configured to be used via the Services (if applicable). EBSCO disclaims any responsibility or liability for a Licensee accessing the third third-party resources without proper authorization. D. EBSCO is not responsible if the third third-party resources accessible via the Services fail to operate properly or if the third third-party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

Limited Warranty and Limitation of Liability. A. EBSCO 7.1. Magnet Forensics warrants that all services provided in accordance with the terms of this Agreement shall be provided in a competent, professional manner by persons who are fully trained and its licensors disclaim all warranties, express qualified in respect of the Software. Magnet Forensics does not represent or implied, including, but not limited to, warranties of merchantability, noninfringementwarrant that the services provided hereunder will achieve a particular result for Your business, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its licensors any other liability in connection with that the licensing operation of the Databases Software will be error free or uninterrupted, or that all errors in the Services under this Agreement and/or its Software can be found or corrected, although Magnet Forensics shall use thereof by the Licensee and Sites or Authorized Userscommercially reasonable efforts to do so. B. 7.2. OTHER THAN AS OTHERWISE PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM LIABILITY OF EBSCO EXTENT PERMITTED BY APPLICABLE LAW, MAGNET FORENSICS MAKES NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, MODIFICATIONS, THE SUPPORT AND ITS LICENSORSMAINTENANCE SERVICES, IF ANY, UNDER OR ANY OTHER SERVICES PROVIDED IN ACCORDANCE WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR ARISING OUT CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAGNET FORENSICS, ITS DISTRIBUTORS, AGENTS, DIRECTORS, OFFICERS, OR EMPLOYEES (COLLECTIVELY, “AGENTS”) SHALL CREATE A WARRANTY OR IN ANY CLAIM RELATED WAY INCREASE THE SCOPE OF THIS WARRANTY. OTHER THAN AS SPECIFICALLY PROVIDED IN THE XXXX, YOU ASSUME THE ENTIRE RISK AS TO THE PRODUCTSUSE AND PERFORMANCE OF THE SOFTWARE AND THE MODIFICATIONS IN TERMS OF CORRECTNESS, FOR DIRECT DAMAGESACCURACY, WHETHER IN CONTRACTRELIABILITY, TORT CURRENTNESS, OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURREDOTHERWISE. IN NO EVENT SHALL EBSCO MAGNET FORENSICS, ITS AGENTS OR ITS LICENSORS ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, THE MODIFICATIONS, THE SUPPORT AND MAINTENANCE SERVICES, OR ANY OTHER SERVICES BE LIABLE TO LICENSEE YOU OR ANY AUTHORIZED USER OTHER PERSON FOR ANY INDIRECT, INCIDENTALSPECIAL, CONSEQUENTIALPUNITIVE, PUNITIVE EXEMPLARY, CONSEQUENTIAL OR SPECIAL INCIDENTAL DAMAGES RELATED TO (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE USE LIKE) ARISING OUT OF THE DATABASES USE, INABILITY TO USE OR SERVICES THE PERFORMANCE OR TO THESE TERMS AND CONDITIONSNON-PERFORMANCE OF, THE SOFTWARE, THE MODIFICATIONS, OR THE PROVISION OF THE SERVICES, EVEN IF MAGNET FORENSICS 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 NO EVENT SHALL MAGNET FORENSICS'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES PERFORMED BY MAGNET FORENSICS IN ACCORDANCE WITH THIS AGREEMENT WITHIN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM. C. Licensee is responsible for maintaining a valid license to the third party resources configured to be used via the Services (if applicable). EBSCO disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorization. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

Limited Warranty and Limitation of Liability. A. EBSCO Veeam warrants that it has the right and authority to grant the License under this XXXX. Veeam will defend or, at its licensors disclaim all warrantiesoption, express settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or impliedother intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, but not limited towithout limitation, warranties damages for lost profits, loss of merchantabilitygoodwill, noninfringementwork stoppage, computer failure or malfunction, or fitness for a particular purpose. Neither EBSCO nor its licensors assume any and all other commercial damages or authorize any other person to assume for EBSCO or its licensors any other liability in connection with the licensing losses, even if advised of the Databases or the Services under this Agreement and/or its use thereof by the Licensee and Sites or Authorized Userspossibility thereof. B. THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. Licensee is responsible for maintaining a valid license to the third party resources configured to be used via the Services (if applicable). EBSCO disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorization. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

Limited Warranty and Limitation of Liability. A. EBSCO and its licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its licensors any other liability in connection with (a) Seller’s standard product warranty is 12 months from when the licensing Buyer takes ownership of the Databases Products. (b) Seller’s exclusive obligations with respect to a non-compliant Product shall be, at Seller’s option, to repair or replace the Services Product, if it is determined to be defective. The warranty provided under this Agreement and/or its use thereof by Section 9(b) with respect to the Licensee repair or replacement of Products, shall survive for the remainder of the original 12 months warranty period or 90 days whichever is greater, following the delivery date of the Products. Notwithstanding anything herein to the contrary, the liability of Seller under this Section 9(b) for all claims shall not exceed the sum of Buyer’s payments for the Products which are the subject of the dispute and Sites or Authorized Users. B. the foregoing is Xxxxx’s sole and exclusive remedy for all claims under this Section 9(b). THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORSFOREGOING WARRANTIES ARE THE SOLE WARRANTIES, IF ANYEXPRESS OR IMPLIED, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO GIVEN BY SELLER IN CONNECTION WITH THE PRODUCTS, FOR DIRECT DAMAGESAND SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER IN CONTRACTINCLUDING, TORT OR OTHERWISE SHALL BE BUT NOT LIMITED TO THE TOTAL AMOUNT WARRANTIES OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACTION GIVING RISE TO SUCH LIABILITY OCCURREDTHIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS. (c) No warranty shall apply to any Product that has been subject to misuse, improper testing, assembly, mishandling, or which has been operated contrary to current instructions relating to installation, maintenance or operation, or contrary to industry standards relating to acceptable input power. No warranty shall apply to any Product usage not set out in specifications provided by the Purchaser; or usage which exceed the specifications provided by the Purchaser. (d) BUYER SHALL NOT IN NO ANY EVENT BE ENTITLED TO, AND SELLER SHALL EBSCO OR ITS LICENSORS NOT BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY FOR, INDIRECT, INCIDENTALSPECIAL, CONSEQUENTIALINCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, PUNITIVE WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, REMOVAL AND/OR SPECIAL DAMAGES RELATED REINSTALLATION COSTS, REPROCUREMENT COSTS, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO THE USE REPUTATION OR LOSS OF THE DATABASES OR SERVICES OR TO THESE TERMS AND CONDITIONSCUSTOMERS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUYER’S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED BUYER’S PURCHASE PRICE FOR THE PRODUCT GIVING RISE TO SUCH CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. SELLER SHALL NOT BE LIABLE FOR AND BUYER SHALL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON SELLER’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY PRODUCTS BY PARTIES OTHER THAN SELLER, OR USE IN COMBINATION WITH OTHER PRODUCTS. IF, FOR ANY REASON, THE FOREGOING LIMITATIONS ARE FOUND BY AN ARBITRATION PANEL OR COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER ANY APPLICABLE STATE OR PROVINCIAL LAW, BUYER AGREES THAT SELLER’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO ACTUAL DAMAGES WITHOUT REGARD TO ANY PUNITIVE OR EXEMPLARY DAMAGES PROVIDED BY ANY SUCH APPLICABLE LAW. C. Licensee is responsible for maintaining a valid license to the third party resources configured to be used via the Services (if applicable). EBSCO disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorization. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee e) Buyer acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need this Agreement was entered into at arms length and that it was not fraudulently induced to be contacted directly for resolutionenter into this Agreement, in whole or any part, and Buyer explicitly disclaims and waives any claim with respect thereto.

Limited Warranty and Limitation of Liability. A. EBSCO and its licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its licensors any other liability in connection with the licensing of the Databases Database(s) or the Services under this Agreement and/or its use thereof by the Licensee and Sites or Authorized Users. B. THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. Licensee is responsible for maintaining a valid license to the third party resources configured to be used via the Services (if applicable). EBSCO disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorization. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

Limited Warranty and Limitation of Liability. A. EBSCO Numerical Technologies warrants that the Software will perform in substantial accordance with the Documentation for the period of time set forth in Exhibit A from the Effective Date ("Warranty Period"). If during this time period the Software does not perform as warranted, Numerical Technologies shall respond to such problems as set forth in Section 6. In addition, Numerical Technologies warrants that the media on which the Software is distributed will be free from defects in materials and its licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, or fitness workmanship under normal use for a particular purposeperiod of ninety (90) days from the Effective Date. Neither EBSCO nor its licensors assume or authorize Numerical Technologies will replace any other person defective media returned to assume Numerical Technologies within the 90-day period. 7.1 The foregoing are Customer's sole and exclusive remedies for EBSCO or its licensors any other liability breach of warranty. The warranty set forth above is made to and for the benefit of Customer only. The warranty will apply only if: (a) the Software has been properly installed and used at all times and in connection accordance with the licensing of instructions for Use; and (b) no modification, alteration or addition has been made to the Databases or the Services under this Agreement and/or its use thereof Software by the Licensee and Sites or Authorized Users. B. persons other than Numerical Technologies. EXCEPT AS SET FORTH ABOVE, NUMERICAL TECHNOLOGIES MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORSSOFTWARE OR THE DOCUMENTATION, IF ANY, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, INCLUDING MAINTENANCE AND SUPPORT. NUMERICAL TECHNOLOGIES SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION. IN NO EVENT WILL NUMERICAL TECHNOLOGIES BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTSFURNISHING, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT PERFORMANCE OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES SOFTWARE OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TO THESE TERMS AND CONDITIONSTORTUOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF NUMERICAL TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NUMERICAL TECHNOLOGIES' LIABILITY UNDER THIS AGREEMENT FOR DAMAGES WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEE PAID BY CUSTOMER TO NUMERICAL TECHNOLOGIES UNDER THIS AGREEMENT. C. Licensee is responsible for maintaining a valid license to the third party resources configured to be used via the Services (if applicable). EBSCO disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorization. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

Limited Warranty and Limitation of Liability. A. EBSCO and its licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringementnon infringement, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its licensors any other liability in connection with the licensing of the Databases or the Services under this Agreement and/or its use thereof by the Licensee and Sites or Authorized Users. B. THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. Licensee is responsible for maintaining a valid license to the third party resources configured to be used via the Services (if applicable). EBSCO disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorization. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

Limited Warranty and Limitation of Liability. A. EBSCO (a) Limited Warranty and Customer Remedies. Altova warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt, and (ii) any support services provided by Altova shall be substantially as described in Section 6 of this agreement. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Altova’s and its licensors disclaim all warrantiessuppliers’ entire liability and your exclusive remedy shall be, express or impliedat Altova’s option, includingeither (i) return of the price paid, but not limited to, warranties of merchantability, noninfringementif any, or fitness for (ii) repair or replacement of the Software that does not meet Altova’s Limited Warranty and which is returned to Altova with a particular purposecopy of your receipt. Neither EBSCO nor its licensors assume This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or authorize any other person to assume malicious external code. Any replacement Software will be warranted for EBSCO or its licensors any other liability in connection with the licensing remainder of the Databases original warranty period or the Services under this Agreement thirty (30) days, whichever is longer. This limited warranty does not apply to Evaluation and/or its use thereof by the Licensee and Sites or Authorized UsersPre-release Software. B. (b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR ALTOVA OR ITS SUPPLIER’S BREACH OF WARRANTY. ALTOVA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ALTOVA AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM LIABILITY OF EBSCO EXTENT PERMITTED BY APPLICABLE LAW, ALTOVA AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO THESE TERMS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EVEN IF ADVISED EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE POSSIBILITY SOFTWARE, AND THE PROVISION OF SUCH DAMAGES. C. Licensee is responsible for maintaining a valid license to the third party resources configured to be used via the Services (if applicable)OR FAILURE TO PROVIDE SUPPORT SERVICES. EBSCO disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorization. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.THIS LIMITED WARRANTY GIVES YOU SPECIFIC

Limited Warranty and Limitation of Liability. A. EBSCO (a) Limited Warranty and Customer Remedies. TopQuadrant warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt, and (ii) any support services provided by TopQuadrant shall be substantially as described in Section 6 of this agreement. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. TopQuadrant’s and its licensors disclaim all warrantiessuppliers’ entire liability and your exclusive remedy shall be, express or impliedat TopQuadrant’s option, includingeither (i) return of the price paid, but not limited to, warranties of merchantability, noninfringementif any, or fitness for (ii) repair or replacement of the Software that does not meet TopQuadrant’s Limited Warranty and which is returned to TopQuadrant with a particular purposecopy of your receipt. Neither EBSCO nor its licensors assume This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or authorize any other person to assume malicious external code. Any replacement Software will be warranted for EBSCO or its licensors any other liability in connection with the licensing remainder of the Databases original warranty period or the Services under this Agreement thirty (30) days, whichever is longer. This limited warranty does not apply to Evaluation and/or its use thereof by the Licensee and Sites or Authorized UsersPre-release Software. B. (b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR TOPQUADRANT OR ITS SUPPLIER’S BREACH OF WARRANTY. TOPQUADRANT AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, TOPQUADRANT AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM LIABILITY OF EBSCO EXTENT PERMITTED BY APPLICABLE LAW, TOPQUADRANT AND ITS LICENSORSSUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, IF ANYEITHER EXPRESS OR IMPLIED, UNDER THIS AGREEMENTINCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ARISING OUT OF ANY CLAIM RELATED ACCURACY, QUIET ENJOYMENT, TITLE AND NON- INFRINGEMENT, WITH REGARD TO THE PRODUCTSSOFTWARE, FOR DIRECT DAMAGESAND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. (c) Limitation of Liability. TO THE TOTAL AMOUNT OF FEES RECEIVED MAXIMUM EXTENT PERMITTED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. APPLICABLE LAW EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL EBSCO TOPQUADRANT OR ITS LICENSORS SUPPLIERS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIALDIRECT, PUNITIVE INDIRECT OR SPECIAL CONSEQUENTIAL DAMAGES RELATED TO WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE DATABASES SOFTWARE OR SERVICES THE PROVISION OF OR FAILURE TO THESE TERMS AND CONDITIONSPROVIDE SUPPORT SERVICES, EVEN IF TOPQUADRANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. Licensee is responsible for maintaining a valid license . IN ANY CASE, TOPQUADRANT’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, TopQuadrant’s liability shall be limited to the third party resources configured greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to be used via the Services (if applicable). EBSCO disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorizationthis Software License Agreement between TopQuadrant and you. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

Limited Warranty and Limitation of Liability. A. EBSCO Licensor warrants, for your benefit alone, that the Licensed Program conforms in all material respects to the USER MANUALS for the current version of the Licensed Program set forth. This warranty is expressly conditioned on your observance of the operating, security, and its licensors disclaim all warrantiesdata-control procedures set forth in the User's Manual included with the Licensed Program. This warrantee is granted by the Licensor to the Licensee for a period of One Year (1) after acceptance by the Licensee. Licensor is not responsible for obsolescence of the Licensed Program that may result from changes in your requirements. The foregoing warranty will apply only to the most current version of the Licensed Program issued by Licensor from time to time. Licensor assumes no responsibility for the use of superseded, express or implied, including, but not limited to, warranties of merchantability, noninfringementoutdated, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its licensors any other liability in connection with the licensing uncorrected versions of the Databases Licensed Program. As your exclusive remedy for any material defect in the Licensed Program for which Licensor is responsible, Licensor will attempt through reasonable effort to correct or cure any reproducible defect by issuing corrected instructions, a restriction, or a bypass. Licensor will not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in the Services under this Agreement and/or its use thereof by Licensed Program if you have made any changes whatsoever to the Licensee Licensed Program, if the Licensed Program has been misused or damaged in any respect, or if you have not reported to Licensor the existence and Sites nature of such nonconformity or Authorized Users. B. THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORS, IF ANY, UNDER defect promptly upon discovery thereof. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE LICENSED PROGRAM, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR ARISING OUT DESCRIPTION, THE EXISTENCE OF ANY CLAIM RELATED TO THE PRODUCTSLATENT OR PATENT DEFECTS, ANY NEGLIGENCE, AND ITS MERCHANTABILITY OR FITNESS FOR DIRECT DAMAGESA PARTICULAR USE. The cumulative liability of Licensor to you for all claims relating to the Licensed Program and this Agreement, WHETHER IN CONTRACTincluding any cause of action sounding in contract, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURREDtort, or strict liability, will not exceed the total amount of all license fees paid to Licensor hereunder. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECTThis limitation of liability is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. This limitation of liability will not apply to the indemnification provided in Section 6 hereof. Licensor will have no liability for loss of data or documentation, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. Licensee is it being understood that you are responsible for maintaining a valid license reasonable backup precautions. In no event will Licensor be liable for any loss of profits; any incidental, special, exemplary, or consequential damages; or any claims or demands brought against you, even if Licensor has been advised of the possibility of such claims or demands. This limitation upon damages and claims is intended to the third party resources configured apply without regard to be used via the Services (if applicable). EBSCO disclaims any responsibility whether other provisions of this Agreement have been breached or liability for a Licensee accessing the third party resources without proper authorizationhave proven ineffective. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

Limited Warranty and Limitation of Liability. A. EBSCO and its licensors disclaim all warranties, express (a) Seller will transfer to Buyer any transferable warranties or implied, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its licensors any other liability in connection with indemnities that the licensing manufacturer of the Databases Product or the Services under this Agreement and/or its use thereof by the Licensee and Sites or Authorized Users. B. THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. Licensee is responsible for maintaining a valid license to the third party resources configured vendor/service provider provides to Seller. SELLER SHALL HAVE NO LIABILITY TOWARDS BUYER BEYOND THE EXPRESS TERMS OF SUCH MANUFACTURER PRODUCT WARRANTIES. SELLER ASSUMES NO LIABILITY FOR THE QUALITY OF THE WORK PERFORMED OR SERVICES RENDERED BY THIRD PARTY VENDORS/SERVICE PROVIDERS. IT IS BUYER'S OBLIGATION TO REQUEST COPIES OF ANY APPLICABLE MANUFACTURER WARRANTIES AND BUYER SHALL BE DEEMED TO HAVE ACCEPTED SUCH WARRANTIES UPON ACCEPTANCE OF THE PRODUCTS AND/OR SERVICES. (b) Seller’s exclusive obligations with respect to a non-­conforming Product or Service shall be, at Seller’s option, to repair or replace the Product, if it is determined to be used via defective, or to re-­perform the Service, or to refund to Buyer the purchase price paid for the Product or Service. Notwithstanding anything herein to the contrary, the liability of Seller under this Section 6(b) for all claims shall not exceed the sum of Buyer’s payments for the Products or Services (if applicablewhich are the subject of the dispute and the foregoing is Xxxxx’s sole and exclusive remedy for all claims under this Section 6(b). EBSCO disclaims THE FOREGOING WARRANTIES ARE THE SOLE WARRANTIES, EXPRESS OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH THE PRODUCTS AND SERVICES, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-­INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS. (c) Replacement Products shall be warranted as set forth in Section 6(a) above. Any Products repaired or serviced by Seller shall be warranted as provided in this Section 6 for the remainder of the manufacturer’s warranty period. (d) No warranty shall apply to any responsibility Product that has been subject to misuse, improper testing, assembly, mishandling, or which has been operated contrary to current instructions relating to installation, maintenance or operation, or contrary to industry standards. (e) Seller disclaims, and shall have no liability for any trademark, trade dress, trade secret, copyright, design or patent infringement, or any other intellectual property right, which may occur, as a Licensee accessing result of the third party resources without proper authorization. D. EBSCO sale of Products to Buyer. The only remedy or recourse for trademark, trade dress, trade secret, copyright, design or patent infringement, or any other intellectual property right, shall be against the manufacturer of the Products which is not responsible if explicitly subject to the third party resources accessible via limited warranty of the Services fail manufacturer of the Product. There shall be no remedy or recourse against Seller or the manufacturer to operate properly the extent the infringement arises from or if is otherwise based upon (i) the third party resources accessible via manufacturer's compliance with the Services cause issues particular requirements of Buyer that differ from the manufacturer's standard specifications for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.Product;;

Limited Warranty and Limitation of Liability. A. EBSCO LearningExpress and its licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a particular purpose. Neither EBSCO LearningExpress nor its licensors assume or authorize any other person to assume for EBSCO LearningExpress or its licensors any other liability in connection with the licensing of the Databases or the Services under this Agreement and/or its use thereof by the Licensee and Sites or Authorized Users. B. THE MAXIMUM LIABILITY OF EBSCO LearningExpress AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTSSERVICES, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO LearningExpress FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL EBSCO LearningExpress OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. Licensee is responsible for maintaining a valid license to the third party resources configured to be used via the Services (if applicable). EBSCO LearningExpress disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorization. D. EBSCO LearningExpress is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO LearningExpress will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

Limited Warranty and Limitation of Liability. A. EBSCO Licensor warrants, for your benefit alone, that the Licensed Program conforms in all material respects to the USER MANUALS for the current version of the Licensed Program set forth. This warranty is expressly conditioned on your observance of the operating, security, and its licensors disclaim all warrantiesdata-control procedures set forth in the User's Manual included with the Licensed Program. This warrantee is granted by the Licensor to the Licensee for a period of One Year (1) after acceptance by the Licensee. Licensor is not responsible for obsolescence of the Licensed Program that may result from changes in your requirements. The foregoing warranty will apply only to the most recent version of the Licensed Program issued by Licensor from time to time. Licensor assumes no responsibility for the use of superseded, express or implied, including, but not limited to, warranties of merchantability, noninfringementoutdated, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its licensors any other liability in connection with the licensing uncorrected versions of the Databases Licensed Program. As your exclusive remedy for any material defect in the Licensed Program for which Licensor is responsible, Licensor will attempt through reasonable effort to correct or cure any reproducible defect by issuing corrected instructions, a restriction, or a bypass. Licensor will not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in the Services under this Agreement and/or its use thereof by Licensed Program if you have made any changes whatsoever to the Licensee Licensed Program, if the Licensed Program has been misused or damaged in any respect, or if you have not reported to Licensor the existence and Sites nature of such nonconformity or Authorized Users. B. THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORS, IF ANY, UNDER defect promptly upon discovery thereof. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE LICENSED PROGRAM, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR ARISING OUT DESCRIPTION, THE EXISTENCE OF ANY CLAIM RELATED TO THE PRODUCTSLATENT OR PATENT DEFECTS, ANY NEGLIGENCE, AND ITS MERCHANTABLITY OR FITNESS FOR DIRECT DAMAGESA PARTICULAR USE. The cumulative liability of Licensor to you for all claims relating to the Licensed Program and this Agreement, WHETHER IN CONTRACTincluding any cause of action sounding in contract, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURREDtort, or strict liability, will not exceed the total amount of all license fees paid to Licensor hereunder. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECTThis limitation of liability is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. This limitation of liability will not apply to the indemnification provided in Section 6 hereof. Licensor will have no liability for loss of data or documentation, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. Licensee is it being understood that you are responsible for maintaining a valid license reasonable backup precautions. In no event will Licensor be liable for any loss of profits; any incidental, special, exemplary, or consequential damages; or any claims or demands brought against you, even if Licensor has been advised of the possibility of such claims or demands. This limitation upon damages and claims is intended to the third party resources configured apply without regard to be used via the Services (if applicable). EBSCO disclaims any responsibility whether other provisions of this Agreement have been breached -------------------------------------------------------------------------------- RIMS.2001 Computer End User License Page 39 International Distribution Agreement November 1996 -------------------------------------------------------------------------------- or liability for a Licensee accessing the third party resources without proper authorizationhave proven ineffective. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

Limited Warranty and Limitation of Liability. A. EBSCO and its licensors disclaim all warranties7.1. Licensor warrants that the Licensed Program will perform substantially in conformance to the Documentation for a period of sixty (60) days from delivery (the “Warranty Period”). Licensor is not responsible for obsolescence of the Licensed Program that may result from changes in your system(s). The foregoing warranty shall apply only to the most current version of the Licensed Program issued by Licensor from time to time. Licensor assumes no responsibility for the use of superseded, express or implied, including, but not limited to, warranties of merchantability, noninfringementoutdated, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its licensors any other liability in connection with the licensing uncorrected versions of the Databases or the Services under this Agreement and/or its use thereof by the Licensee and Sites or Authorized UsersLicensed Program. B. THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORS7.2. As your exclusive remedy for any breach of warranty, IF ANYLicensor shall attempt through reasonable effort to correct or cure any reproducible defect by issuing updated software or Documentation, UNDER or providing a reasonable workaround. In the event Licensor does not correct or cure such nonconformity or defect after it has had a reasonable opportunity to do so, your exclusive remedy shall be the refund of the amount paid as the license fee for the defective Licensed Program for the then-current term, subject to a pro-rata reduction based on productive use of the Licensed Program. Licensor shall not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in the Licensed Program if you have made any changes whatsoever to the Licensed Program, if the Licensed Program has been misused or damaged in any respect, or if you have not reported to Licensor the existence and nature of such nonconformity or defect within the Warranty Period. 7.3. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR DISCLAIMS ANY AND ALL IMPLIED AND EXPRESS PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE LICENSED PROGRAM, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR ARISING OUT DESCRIPTION, THE EXISTENCE OF ANY CLAIM RELATED TO THE PRODUCTSLATENT OR PATENT DEFECTS, ANY NEGLIGENCE, ITS MERCHANTABILITY OR FITNESS FOR DIRECT DAMAGESA PARTICULAR PURPOSE, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT WARRANTIES OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE NON-INFRINGEMENT; OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE WARRANTIES ARISING AS A RESULT OF LICENSEE USAGE IN THE TRADE OR SPECIAL DAMAGES RELATED TO THE USE BY COURSE OF THE DATABASES OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDEALING. C. Licensee 7.4. The cumulative liability of Licensor, and its employees, officers, directors, suppliers, partners, agents, and sales representatives to you for all claims relating to the Licensed Program and this Agreement, including any cause of action sounding in contract, tort, or strict liability, shall not exceed the total amount of all fees paid to Licensor under the Addendum in question. This limitation of liability is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. Licensor shall have no liability for loss of data or documentation, it being understood that you are responsible for maintaining a valid license reasonable backup precautions. 7.5. In no event shall Licensor be liable any loss of profits; any incidental, special, punitive, exemplary, or consequential damages; loss of data; or any claims or demands brought against you, even if Licensor has been advised of the possibility of such claims or demands. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. 7.6. Each party represents and warrants to the third other party resources configured that (a) it is duly organized and validly existing under the laws of its jurisdiction of organization; (b) it has the legal power and authority to be used via execute and deliver this Agreement and to fully perform its obligations hereunder; (c) the Services execution, delivery and performance of this Agreement by it have been duly authorized by all necessary actions and do not violate its organizational documents or any other material agreements to which it is a party; and (if applicable). EBSCO disclaims any responsibility or liability for d) this Agreement constitutes a Licensee accessing the third party resources without proper authorization. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problemslegally valid and binding obligation of it enforceable against it in accordance with its terms, Licensee acknowledges that certain aspects of functionality except as such enforcement may be dependent on third party resource providers who may need to be contacted directly for resolutionlimited by applicable law.

Limited Warranty and Limitation of Liability. A. EBSCO Licensor warrants hat (i) the Software will perform substantially in accordance with any accompanying documentation for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Software FX’s and its licensors disclaim all warrantiessuppliers’ entire liability and your exclusive remedy shall be, express or impliedat Software FX’s option, includingeither (i) return of the price paid, but not limited to, warranties of merchantability, noninfringementif any, or fitness for (ii) repair or replacement of the Software that does not meet Licensor’s limited warranty and which is returned to Licensor with a particular purposecopy of your receipt. Neither EBSCO nor its licensors assume This limited warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or authorize any other person to assume malicious external code. Any replacement Software will be warranted for EBSCO or its licensors any other liability in connection with the licensing remainder of the Databases original warranty period or the Services under this Agreement thirty (30) days, whichever is longer. This limited warranty does not apply to Evaluation and/or its use thereof by the Licensee Pre-release Software. No Other Warranties and Sites or Authorized Users. B. Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR OR ITS SUPPLIER’S BREACH OF WARRANTY. LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM LIABILITY OF EBSCO EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS LICENSORSSUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, IF ANYEITHER EXPRESS OR IMPLIED, UNDER THIS AGREEMENTINCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ARISING OUT OF ANY CLAIM RELATED ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTSSOFTWARE, FOR DIRECT DAMAGESAND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHETHER IN CONTRACTWHICH VARY FROM STATE/JURISDICTION TO STATE/XXXXXXXXXXXX.XX THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL EBSCO LICENSOR OR ITS LICENSORS SUPPLIERS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIALDIRECT, PUNITIVE INDIRECT OR SPECIAL CONSEQUENTIAL DAMAGES RELATED TO WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESSPROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE DATABASES SOFTWARE OR SERVICES THE PROVISION OF OR FAILURE TO THESE TERMS AND CONDITIONSPROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. Licensee is responsible for maintaining a valid license . IN ANY CASE, LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULASHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, Licensor’s liability shall be limited to the third party resources configured greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to be used via the Services (if applicable). EBSCO disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorizationthis XXXX between Licensor and You. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

Limited Warranty and Limitation of Liability. A. EBSCO (a) Limited Warranty and Customer Remedies. Software FX warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Software FX's and its licensors disclaim all warrantiessuppliers' entire liability and your exclusive remedy shall be, express or impliedat Software FX's option, includingeither (i) return of the price paid, but not limited to, warranties of merchantability, noninfringementif any, or fitness for (ii) repair or replacement of the Software that does not meet Software FX's Limited Warranty and which is returned to Software FX with a particular purposecopy of your receipt. Neither EBSCO nor its licensors assume This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or authorize any other person to assume malicious external code. Any replacement Software will be warranted for EBSCO or its licensors any other liability in connection with the licensing remainder of the Databases original warranty period or the Services under this Agreement thirty (30) days, whichever is longer. This limited warranty does not apply to Evaluation and/or its use thereof by the Licensee Pre-release Software. (b) No Other Warranties and Sites or Authorized Users. B. Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR SOFTWARE FX OR ITS SUPPLIER'S BREACH OF WARRANTY. SOFTWARE FX AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, SOFTWARE FX AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM LIABILITY OF EBSCO EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE FX AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO THESE TERMS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EVEN IF ADVISED EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE POSSIBILITY SOFTWARE, AND THE PROVISION OF SUCH DAMAGES. C. Licensee is responsible for maintaining a valid license to the third party resources configured to be used via the Services (if applicable)OR FAILURE TO PROVIDE SUPPORT SERVICES. EBSCO disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorization. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the LicenseeTHIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. While EBSCO will make best efforts to help troubleshoot problemsYOU MAY HAVE OTHERS, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.WHICH VARY FROM STATE/JURISDICTION TO