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

Limited Warranty and Limitation of Liability. (a) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8, TEAM MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND TEAM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION OR NON- INFRINGEMENT. TEAM EXPRESSLY DENIES ANY REPRESENTATION, WARRANTY, CONDITION OR OTHER TERM ABOUT THE ACCURACY OR CONDITION OF DATA OR THAT THE SERVICES, HARDWARE OR SOFTWARE OR RELATED SYSTEMS WILL OPERATE UNINTERRUPTED OR ERROR-FREE. (b) TEAM SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR , LOST DATA OR LOST PROFITS, COST OF CAPITAL, COST OF COVER, OR SERVICE INTERRUPTIONS, FROM THE USE OF OR INABILITY TO USE THE HARDWARE, SOFTWARE OR THE SERVICES, IRRESPECTIVE OF WHETHER SUCH DAMAGES CONSTITUTE DIRECT OR INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES AND REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE OR WHETHER A PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE EXCLUSIONS SHALL APPLY EVEN IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (c) THE TOTAL LIABILITY OF TEAM FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO TEAM BY CLIENT UNDER THE ORDER APPLICABLE TO THE EVENT GIVING RISE TO SUCH ACTION DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITS ON LIABILITY IN THIS SECTION SHALL APPLY IN ALL CASES INCLUDING IF THE APPLICABLE CLAIM ARISES OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT PRODUCT LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR FORESEEABLE. THE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS SPECIFIED IN THIS SECTION 13 SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (d) Nothing in this Agreement limits any liability for: (i) death or personal injury caused by a Party’s negligence; (ii) gross negligence, willful misconduct, fraud or fraudulent misrepresentation; or (iii) any liability which cannot be excluded by applicable law.

Limited Warranty and Limitation of Liability. (a) 10.1. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8HEREIN, TEAM PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, AND TEAM PROVIDER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION OR NON- NON-INFRINGEMENT. TEAM PROVIDER EXPRESSLY DENIES ANY REPRESENTATION, WARRANTY, CONDITION REPRESENTATION OR OTHER TERM WARRANTY ABOUT THE ACCURACY OR CONDITION OF DATA OR THAT THE SERVICES, HARDWARE OR SOFTWARE SERVICES OR RELATED SYSTEMS WILL OPERATE UNINTERRUPTED OR ERROR-FREE. 10.2. NO CAUSE OR ACTION WHICH ACCRUED MORE THAN TWO (b2) TEAM SHALL NOT YEARS PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE LIABLEASSERTED UNDER THESE TERMS AND CONDITIONS BY EITHER PARTY. 10.3. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, UNDER ANY CIRCUMSTANCES, FOR , LOST DATA OR LOST PROFITS, COST OF CAPITAL, COST OF COVER, OR SERVICE INTERRUPTIONS, FROM THE USE OF OR INABILITY TO USE THE HARDWARE, SOFTWARE OR THE SERVICES, IRRESPECTIVE OF WHETHER SUCH DAMAGES CONSTITUTE DIRECT OR INDIRECTEXEMPLARY, SPECIAL, PUNITIVE, EXEMPLARYCONSEQUENTIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES AND REGARDLESS OR LOSS OF WHETHER THE DAMAGES WERE FORESEEABLE GOODWILL, DATA OR WHETHER A PARTY HAD BEEN ADVISED PROFITS, OR COST OF THE POSSIBILITY OF DAMAGESCOVER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE EXCLUSIONS SHALL APPLY EVEN IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (c) THE TOTAL LIABILITY OF TEAM PROVIDER FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO TEAM PROVIDER BY CLIENT UNDER THE ORDER SOW(s) APPLICABLE TO THE EVENT GIVING RISE TO SUCH ACTION DURING THE TWELVE SIX (126) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITS ON LIABILITY IN THIS SECTION SHALL APPLY IN ALL CASES INCLUDING IF THE APPLICABLE CLAIM ARISES OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT PRODUCT LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR FORESEEABLE. THE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS SPECIFIED IN THIS SECTION 13 SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (d) Nothing in this Agreement limits any liability for: (i) death or personal injury caused by a Party’s negligence; (ii) gross negligence, willful misconduct, fraud or fraudulent misrepresentation; or (iii) any liability which cannot be excluded by applicable law.

Limited Warranty and Limitation of Liability. 1. Limited Warranty – CrowdComfort warrants that the Software will perform substantially in accordance with the accompanying documentation for a period of ninety (a90) EXCEPT AS EXPRESSLY PROVIDED days from the date of receipt. THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 8, TEAM MAKES NO EXPRESS OR IMPLIED 7(a) IS THE ONLY WARRANTY GIVEN BY CROWDCOMFORT WITH RESPECT TO THE SERVICES FURNISHED HEREUNDER. CROWDCOMFORT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, FREE OF DEFECTS, ● Limitation of Liability – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CROWDCOMFORT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR BUSINESS INTERRUPTION, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND TEAM EXPRESSLY DISCLAIMS FOR ANY IMPLIED WARRANTIES, CONDITIONS OTHER PECUNIARY OR OTHER TERMS LOSS WHATSOEVER) ARISING OUT OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE OR IN ANY WAY RELATED TO DESCRIPTION OR NON- INFRINGEMENT. TEAM EXPRESSLY DENIES ANY REPRESENTATION, WARRANTY, CONDITION OR OTHER TERM ABOUT THE ACCURACY OR CONDITION OF DATA OR THAT THE SERVICES, HARDWARE OR SOFTWARE OR RELATED SYSTEMS WILL OPERATE UNINTERRUPTED OR ERROR-FREE. (b) TEAM SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR , LOST DATA OR LOST PROFITS, COST OF CAPITAL, COST OF COVER, OR SERVICE INTERRUPTIONS, FROM THE USE OF OR INABILITY TO USE THE HARDWARE, SOFTWARE OR THE SERVICES, IRRESPECTIVE THE PROVISION OF WHETHER SUCH DAMAGES CONSTITUTE DIRECT OR INDIRECTFAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, SPECIALINFORMATION, PUNITIVESOFTWARE, EXEMPLARY, CONSEQUENTIAL AND RELATED CONTENT THROUGH THE SOFTWARE OR INCIDENTAL DAMAGES AND REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE OR WHETHER A PARTY HAD BEEN ADVISED OTHERWISE ARISING OUT OF THE POSSIBILITY USE OF DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE OR SERVICES, THESE EXCLUSIONS SHALL APPLY OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS XXXX, EVEN IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (c) THE TOTAL LIABILITY OF TEAM FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO TEAM BY CLIENT UNDER THE ORDER APPLICABLE TO THE EVENT GIVING RISE TO SUCH ACTION DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITS ON LIABILITY IN THIS SECTION SHALL APPLY IN ALL CASES INCLUDING IF THE APPLICABLE CLAIM ARISES OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRACTFAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR STRICT PRODUCT LIABILITYBREACH OF WARRANTY OF CROWDCOMFORT OR ANY SUPPLIER, AND EVEN IF THE PARTY CROWDCOMFORT OR ANY SUPPLIER HAS BEEN ADVISED THAT OF THE POSSIBILITY OF SUCH DAMAGES ARE POSSIBLE DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY HEREUNDER EXCEED THE FEES PAID OR FORESEEABLE. PAYABLE BY YOU TO CROWDCOMFORT WITHIN THE LIMITATIONS PAST THREE (3) MONTHS, WHETHER ARISING IN CONTRACT, TORT, OR ANY OTHER FORM OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS SPECIFIED IN THIS SECTION 13 SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSECLAIM. 1. Indemnification 1. Non-Infringement Indemnity. CrowdComfort shall defend any third party claim, action or proceeding (d“Claim”) Nothing brought against you on grounds that the Software used to deliver the Services infringes a third party’s patent, copyright or trade secret, and shall indemnify you against all damages and costs awarded against you in any such action or proceeding. If the Services or Software become, or in CrowdComfort’s opinion are likely to become, the subject of a valid claim of infringement or the like under any patent, copyright or trade secret law, CrowdComfort shall have the right, at its option and expense, either to obtain for you a license permitting the continued use of the Services or Software, to replace or modify the Services or Software so that they become non-infringing, or to terminate this Agreement limits and refund to you any liability for: (i) death or personal injury caused by a Party’s negligence; (ii) gross negligence, willful misconduct, fraud or fraudulent misrepresentation; or (iii) any liability which cannot be excluded by applicable lawamounts prepaid for the post-termination period.

Limited Warranty and Limitation of Liability. (a) EXCEPT 7.1. DME 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 qualified in respect of the Software. DME Forensics does not represent or warrant that the services provided hereunder will achieve a particular result for Your business, or that the operation of the Software will be error free or uninterrupted, or that all errors in the Software can be found or corrected, although DME Forensics shall use commercially reasonable efforts to do so. 7.2. OTHER THAN AS EXPRESSLY OTHERWISE PROVIDED IN SECTION 8THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEAM DME FORENSICS MAKES NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, MODIFICATIONS, THE SUPPORT AND MAINTENANCE SERVICES, OR ANY OTHER SERVICES PROVIDED IN ACCORDANCE WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND TEAM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION OR NON- INFRINGEMENT. TEAM EXPRESSLY DENIES ANY REPRESENTATION, SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, CONDITION SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DME FORENSICS, ITS DISTRIBUTORS, AGENTS, DIRECTORS, OFFICERS, OR EMPLOYEES (COLLECTIVELY, “AGENTS”) SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. OTHER TERM ABOUT THAN AS SPECIFICALLY PROVIDED IN THE ACCURACY XXXX, YOU ASSUME THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE SOFTWARE AND THE MODIFICATIONS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR CONDITION OTHERWISE. IN NO EVENT SHALL DME FORENSICS, ITS AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF DATA OR THAT THE SOFTWARE, THE MODIFICATIONS, THE SUPPORT AND MAINTENANCE SERVICES, HARDWARE OR SOFTWARE ANY OTHER SERVICES BE LIABLE TO YOU OR RELATED SYSTEMS WILL OPERATE UNINTERRUPTED OR ERROR-FREE. (b) TEAM SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, OTHER PERSON FOR , LOST DATA OR LOST PROFITS, COST OF CAPITAL, COST OF COVER, OR SERVICE INTERRUPTIONS, FROM THE USE OF OR INABILITY TO USE THE HARDWARE, SOFTWARE OR THE SERVICES, IRRESPECTIVE OF WHETHER SUCH DAMAGES CONSTITUTE DIRECT OR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND REGARDLESS THE LIKE) ARISING OUT OF WHETHER THE DAMAGES WERE FORESEEABLE USE, INABILITY TO USE OR WHETHER A PARTY HAD THE PERFORMANCE OR NON-PERFORMANCE OF, THE SOFTWARE, THE MODIFICATIONS, OR THE PROVISION OF THE SERVICES, EVEN IF DME 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 DME FORENSICS' MAXIMUM AGGREGATE LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE EXCLUSIONS SHALL APPLY EVEN IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (c) YOU FOR DIRECT DAMAGES EXCEED THE TOTAL LIABILITY OF TEAM AMOUNT PAID BY YOU FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO TEAM SERVICES PERFORMED BY CLIENT UNDER THE ORDER APPLICABLE TO THE EVENT GIVING RISE TO SUCH ACTION DURING DME FORENSICS IN ACCORDANCE WITH THIS AGREEMENT WITHIN THE TWELVE (12) MONTH PERIOD MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITYDATE ON WHICH THE CLAIM AROSE. THE LIMITS ON LIABILITY IN LIMITATIONS OF THIS SECTION SHALL APPLY IN ALL CASES INCLUDING IF WHETHER OR NOT THE APPLICABLE CLAIM ARISES OUT OF ALLEGED BREACH OR DEFAULT IS A BREACH OF EXPRESS A FUNDAMENTAL CONDITION OR IMPLIED WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT PRODUCT LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR FORESEEABLE. THE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS SPECIFIED IN THIS SECTION 13 SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSETERM. (d) Nothing in this Agreement limits any liability for: (i) death or personal injury caused by a Party’s negligence; (ii) gross negligence, willful misconduct, fraud or fraudulent misrepresentation; or (iii) any liability which cannot be excluded by applicable law.

Limited Warranty and Limitation of Liability. (a) EXCEPT 7.1 THE CHECKMARX MATERIAL ARE PROVIDED “AS-IS” AND "AS EXPRESSLY PROVIDED IN SECTION 8AVAILABLE", TEAM MAKES NO WITHOUT WARRANTY, EXPRESS OR IMPLIED WARRANTIESIMPLIED, AND TEAM EXPRESSLY DISCLAIMS INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIESWARRANTY OF MERCHANTABILITY, CONDITIONS OR OTHER TERMS NON-INFRINGEMENT OF SATISFACTORY QUALITY, MERCHANTABILITYTHIRD-PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION PURPOSE AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR NON- INFRINGEMENTPERFORMANCE. TEAM EXPRESSLY DENIES ANY REPRESENTATION, WARRANTY, CONDITION OR OTHER TERM ABOUT THE ACCURACY OR CONDITION OF DATA OR PARTNER ACKNOWLEDGE THAT CHECKMARX DOES NOT WARRANT THAT THE SERVICESCHECKMARX MATERIAL OR ANY OTHER PRODUCTS, HARDWARE OR SOFTWARE SERVICES OR RELATED SYSTEMS SOFTWARE PROVIDED BY CHECKMARX WILL OPERATE UNINTERRUPTED BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. (b) TEAM 7.2 EXCEPT FOR LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW, CHECKMARX AND ITS AFFILIATES SHALL NOT BE LIABLE, UNDER LIABLE OR OBLIGATED IN ANY CIRCUMSTANCES, MANNER FOR , LOST DATA OR ANY LOST PROFITS, COST LOST REVENUE, LOSS OF CAPITALUSE, COST LOSS OR DAMAGE TO DATA, REMEDIATION COSTS, LOSS OF COVERGOODWILL, OR SERVICE INTERRUPTIONSANY SPECIAL, FROM THE USE OF OR INABILITY TO USE THE HARDWARE, SOFTWARE OR THE SERVICES, IRRESPECTIVE OF WHETHER SUCH DAMAGES CONSTITUTE DIRECT OR INDIRECT, SPECIALINCIDENTAL, PUNITIVEPUNITIVE OR CONSEQUENTIAL DAMAGES, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER THE DAMAGES WERE FORESEEABLE IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR WHETHER A PARTY HAD BEEN ADVISED OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF DAMAGESSUCH DAMAGES IN ADVANCE. TO THE EXTENT PERMITTED BY APPLICABLE EXCEPT FOR LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW, THESE EXCLUSIONS THE MAXIMUM AGGREGATE LIABILITY OF CHECKMARX AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL APPLY EVEN IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDYNOT EXCEED $1,000. (c) 7.3 THE TOTAL ABOVE LIMITATIONS MAY NOT APPLY IN CERTAIN JURISDICTIONS, BUT IN SUCH JURISDICTIONS, LIABILITY OF TEAM FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO TEAM BY CLIENT UNDER THE ORDER APPLICABLE TO THE EVENT GIVING RISE TO SUCH ACTION DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITS ON LIABILITY IN THIS SECTION SHALL APPLY IN ALL CASES INCLUDING IF THE APPLICABLE CLAIM ARISES OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT PRODUCT LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR FORESEEABLE. THE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS SPECIFIED IN THIS SECTION 13 SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (d) Nothing in this Agreement limits any liability for: (i) death or personal injury caused by a Party’s negligence; (ii) gross negligence, willful misconduct, fraud or fraudulent misrepresentation; or (iii) any liability which cannot be excluded by applicable law.

Limited Warranty and Limitation of Liability. (a) 10.1. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8HEREIN, TEAM PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, AND TEAM PROVIDER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION OR NON- NON-INFRINGEMENT. TEAM PROVIDER EXPRESSLY DENIES ANY REPRESENTATION, WARRANTY, CONDITION REPRESENTATION OR OTHER TERM WARRANTY ABOUT THE ACCURACY OR CONDITION OF DATA OR THAT THE SERVICES, HARDWARE OR SOFTWARE SERVICES OR RELATED SYSTEMS WILL OPERATE UNINTERRUPTED OR ERROR-FREE. 10.2. NO CAUSE OR ACTION WHICH ACCRUED MORE THAN TWO (b2) TEAM SHALL NOT YEARS PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE LIABLEASSERTED UNDER THIS AGREEMENT BY EITHER PARTY. 10.3. EXCEPT FOR THE PARTIES’ PAYMENT OBLIGATIONS, UNDER NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY CIRCUMSTANCESINDIRECT, FOR , LOST DATA OR LOST PROFITS, COST OF CAPITAL, COST OF COVER, OR SERVICE INTERRUPTIONS, FROM THE USE OF OR INABILITY TO USE THE HARDWARE, SOFTWARE OR THE SERVICES, IRRESPECTIVE OF WHETHER SUCH DAMAGES CONSTITUTE DIRECT OR INDIRECTEXEMPLARY, SPECIAL, PUNITIVE, EXEMPLARYCONSEQUENTIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES AND REGARDLESS OR LOSS OF WHETHER THE DAMAGES WERE FORESEEABLE GOODWILL, DATA OR WHETHER A PARTY HAD BEEN ADVISED PROFITS, OR COST OF THE POSSIBILITY OF DAMAGESCOVER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE EXCLUSIONS SHALL APPLY EVEN IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (c) THE TOTAL LIABILITY OF TEAM PROVIDER FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO TEAM PROVIDER BY CLIENT UNDER THE ORDER Order APPLICABLE TO THE EVENT GIVING RISE TO SUCH ACTION DURING THE TWELVE SIX (126) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITS ON LIABILITY IN THIS SECTION SHALL APPLY IN ALL CASES INCLUDING IF THE APPLICABLE CLAIM ARISES OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT PRODUCT LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR FORESEEABLE. THE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS SPECIFIED IN THIS SECTION 13 SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (d) Nothing in this Agreement limits any liability forFor Provider: (i) death or personal injury caused by a Party’s negligence; (ii) gross negligence, willful misconduct, fraud or fraudulent misrepresentation; or (iii) any liability which cannot be excluded by applicable law.Intrado Interactive Services For Client Event Information Contact Information Intrado Interactive Services Corporation Information

Limited Warranty and Limitation of Liability. (a) 11.1. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8HEREIN, TEAM INFINITE CAMPUS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, AND TEAM INFINITE CAMPUS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION OR NON- NON-INFRINGEMENT. TEAM INFINITE CAMPUS EXPRESSLY DENIES ANY REPRESENTATION, WARRANTY, CONDITION REPRESENTATION OR OTHER TERM WARRANTY ABOUT THE ACCURACY OR CONDITION OF DATA OR THAT THE SERVICES, HARDWARE OR SOFTWARE SERVICES OR RELATED SYSTEMS WILL OPERATE UNINTERRUPTED OR ERROR-FREE. 11.2. NO CAUSE OR ACTION WHICH ACCRUED MORE THAN TWO (b2) TEAM SHALL NOT YEARS PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE LIABLEASSERTED UNDER THIS AGREEMENT BY EITHER PARTY. 11.3. EXCEPT FOR THE PARTIES’ PAYMENT OBLIGATIONS, UNDER NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY CIRCUMSTANCESINDIRECT, FOR , LOST DATA OR LOST PROFITS, COST OF CAPITAL, COST OF COVER, OR SERVICE INTERRUPTIONS, FROM THE USE OF OR INABILITY TO USE THE HARDWARE, SOFTWARE OR THE SERVICES, IRRESPECTIVE OF WHETHER SUCH DAMAGES CONSTITUTE DIRECT OR INDIRECTEXEMPLARY, SPECIAL, PUNITIVE, EXEMPLARYCONSEQUENTIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES AND REGARDLESS OR LOSS OF WHETHER THE DAMAGES WERE FORESEEABLE GOODWILL, DATA OR WHETHER A PARTY HAD BEEN ADVISED PROFITS, OR COST OF THE POSSIBILITY OF DAMAGESCOVER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE EXCLUSIONS SHALL APPLY EVEN IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (c) THE TOTAL LIABILITY OF TEAM INFINITE CAMPUS FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO TEAM INFINITE CAMPUS BY CLIENT LICENSEE UNDER THE ORDER Order APPLICABLE TO THE EVENT GIVING RISE TO SUCH ACTION DURING THE TWELVE SIX (126) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITS ON LIABILITY IN THIS SECTION SHALL APPLY IN ALL CASES INCLUDING IF THE APPLICABLE CLAIM ARISES OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT PRODUCT LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR FORESEEABLE. THE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS SPECIFIED IN THIS SECTION 13 SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (d) Nothing in this Agreement limits any liability for: (i) death or personal injury caused by a Party’s negligence; (ii) gross negligence, willful misconduct, fraud or fraudulent misrepresentation; or (iii) any liability which cannot be excluded by applicable law.

Limited Warranty and Limitation of Liability. (a) EXCEPT 5.1 Magnet Forensics warrants that all Services shall be provided in a competent, professional manner by persons who are fully trained and qualified in respect of the Software and Services. Magnet Forensics does not represent or warrant that the Services will achieve a particular result for Your business, although Magnet Forensics shall use commercially reasonable efforts to do so. 5.2 OTHER THAN AS EXPRESSLY PROVIDED IN SECTION 8THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEAM MAGNET FORENSICS MAKES NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND TEAM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAGNET FORENSICS, CORRESPONDENCE TO DESCRIPTION OR NON- INFRINGEMENT. TEAM EXPRESSLY DENIES ANY REPRESENTATIONITS DISTRIBUTORS, WARRANTYAGENTS, CONDITION OR OTHER TERM ABOUT THE ACCURACY OR CONDITION OF DATA OR THAT THE SERVICESDIRECTORS, HARDWARE OR SOFTWARE OR RELATED SYSTEMS WILL OPERATE UNINTERRUPTED OR ERROR-FREE. (b) TEAM SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR , LOST DATA OR LOST PROFITS, COST OF CAPITAL, COST OF COVEROFFICERS, OR SERVICE INTERRUPTIONSEMPLOYEES (COLLECTIVELY, FROM “AGENTS”) SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE USE SCOPE OF THIS WARRANTY. IN NO EVENT SHALL MAGNET FORENSICS, ITS AGENTS OR INABILITY ANYONE ELSE WHO HAS BEEN INVOLVED IN THE PROVISION OF THE SERVICES BE LIABLE TO USE THE HARDWARE, SOFTWARE YOU OR THE SERVICES, IRRESPECTIVE OF WHETHER SUCH DAMAGES CONSTITUTE DIRECT OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND REGARDLESS THE LIKE) ARISING OUT OF WHETHER THE DAMAGES WERE FORESEEABLE PROVISION OF THE SERVICES, EVEN IF MAGNET FORENSICS OR WHETHER A PARTY HAD ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGESSUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE. IN NO EVENT SHALL MAGNET FORENSICS' MAXIMUM AGGREGATE LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE EXCLUSIONS SHALL APPLY EVEN IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (c) YOU FOR DIRECT DAMAGES EXCEED THE TOTAL LIABILITY OF TEAM AMOUNT PAID BY YOU FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO TEAM BY CLIENT UNDER THE ORDER APPLICABLE TO THE EVENT GIVING RISE TO SUCH ACTION DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITYSERVICES. THE LIMITS ON LIABILITY IN LIMITATIONS OF THIS SECTION SHALL APPLY IN ALL CASES INCLUDING IF WHETHER OR NOT THE APPLICABLE CLAIM ARISES OUT OF ALLEGED BREACH OR DEFAULT IS A BREACH OF EXPRESS A FUNDAMENTAL CONDITION OR IMPLIED WARRANTYTERM. 6.1 Magnet Forensics", CONTRACT"we", TORT and "us" means: a) Where Your primary address is anywhere other than in the U.S., Magnet Forensics Inc., with an office at 000 Xxxxxxxx Xxxxxx Xxxx, Xxxx #0, Xxxxxxxx, Xxxxxxx, Xxxxxx X0X 0X0. b) Where Your primary address is in the U.S. (INCLUDING NEGLIGENCEincluding its territories, protectorates or overseas regions), OR STRICT PRODUCT LIABILITYMagnet Forensics USA, AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR FORESEEABLE. THE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAWInc., THE LIMITATIONS SPECIFIED IN THIS SECTION 13 SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSEwith an office at 0000 Xxxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxx, X.X. 00000. (d) Nothing in this Agreement limits any liability for: (i) death or personal injury caused by a Party’s negligence; (ii) gross negligence, willful misconduct, fraud or fraudulent misrepresentation; or (iii) any liability which cannot be excluded by applicable law.

Limited Warranty and Limitation of Liability. (a) A. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN SECTION 8THIS AGREEMENT (INCLUDING EXHIBITS E AND F), TEAM NEITHER PARTY MAKES NO ANY OTHER WARRANTIES, EXPRESS OR IMPLIED IMPLIED, AND EACH PARTY HEREBY DISCLAIMS ALL OTHER WARRANTIES, AND TEAM EXPRESSLY DISCLAIMS ANY WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIESWARRANTIES OF TITLE, CONDITIONS NON- INFRINGEMENT, MERCHANTABILITY OR OTHER TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. B. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION OR NON- INFRINGEMENT. TEAM EXPRESSLY DENIES ANY REPRESENTATIONCLAIM BASED UPON CONTRACT, WARRANTY, CONDITION TORT OR ANY OTHER TERM ABOUT THE ACCURACY OR CONDITION THEORY OF DATA OR THAT THE SERVICESLIABILITY, HARDWARE OR SOFTWARE OR RELATED SYSTEMS WILL OPERATE UNINTERRUPTED OR ERROR-FREE. (b) TEAM SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR , LOST DATA OR LOST PROFITS, COST OF CAPITAL, COST OF COVER, OR SERVICE INTERRUPTIONS, FROM THE USE OF OR INABILITY AND WITHOUT REGARD TO USE THE HARDWARE, SOFTWARE OR THE SERVICES, IRRESPECTIVE OF WHETHER SUCH DAMAGES CONSTITUTE DIRECT OR INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES AND REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE OR WHETHER A EITHER PARTY HAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE EXCLUSIONS SHALL APPLY EVEN IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (c) THE TOTAL LIABILITY OF TEAM FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO TEAM BY CLIENT UNDER THE ORDER APPLICABLE TO THE EVENT GIVING RISE TO SUCH ACTION DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITS ON LIABILITY IN THIS SECTION SHALL APPLY IN ALL CASES INCLUDING IF THE APPLICABLE CLAIM ARISES OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT PRODUCT LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR FORESEEABLE. THE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS SPECIFIED IN THIS SECTION 13 SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (d) Nothing in this Agreement limits any liability for: (i) death or personal injury caused by a Party’s negligence; (ii) gross negligence, willful misconduct, fraud or fraudulent misrepresentation; or (iii) any liability which cannot be excluded by applicable law.

Limited Warranty and Limitation of Liability. (a) a. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8HEREIN, TEAM THE ONLINE SERVICES AND XXXXX CONTENT ARE PROVIDED “AS-IS,” “WHERE-IS” AND “AS-AVAILABLE”; XXXXX MAKES NO EXPRESS OR IMPLIED WARRANTIES, ; AND TEAM XXXXX EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION OR NON- INFRINGEMENTNONINFRINGEMENT. TEAM XXXXX EXPRESSLY DENIES ANY REPRESENTATION, WARRANTY, CONDITION REPRESENTATION OR OTHER TERM ABOUT THE ACCURACY OR CONDITION OF DATA OR WARRANTY THAT THE SERVICES, HARDWARE OR SOFTWARE OR RELATED SYSTEMS ONLINE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE. (b) TEAM SHALL NOT b. EXCEPT AFFILIATE’S INDEMNIFICATION OBLIGATIONS, NEITHER PARTY WILL BE LIABLELIABLE TO THE OTHER FOR ANY INDIRECT, UNDER ANY CIRCUMSTANCES, FOR , LOST DATA OR LOST PROFITS, COST OF CAPITAL, COST OF COVER, OR SERVICE INTERRUPTIONS, FROM THE USE OF OR INABILITY TO USE THE HARDWARE, SOFTWARE OR THE SERVICES, IRRESPECTIVE OF WHETHER SUCH DAMAGES CONSTITUTE DIRECT OR INDIRECTEXEMPLARY, SPECIAL, PUNITIVE, EXEMPLARYCONSEQUENTIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES AND REGARDLESS OR LOSS OF WHETHER THE DAMAGES WERE FORESEEABLE GOODWILL, DATA OR WHETHER A PARTY HAD BEEN ADVISED PROFITS, OR COST OF THE POSSIBILITY OF DAMAGESCOVER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE EXCLUSIONS SHALL APPLY EVEN IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (c) THE TOTAL LIABILITY OF TEAM XXXXX FOR ANY REASON, REASON SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO TEAM XXXXX BY CLIENT AFFILIATE UNDER THE ORDER APPLICABLE TO THE EVENT GIVING RISE TO SUCH ACTION DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITYTHIS AFFILIATE AGREEMENT. THE LIMITS ON LIABILITY IN THIS SECTION SHALL APPLY IN ALL CASES CASES, INCLUDING IF THE APPLICABLE CLAIM ARISES OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR STRICT PRODUCT LIABILITY, PRODUCTS LIABILITY AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR FORESEEABLE. THE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS SPECIFIED IN THIS SECTION 13 SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (d) Nothing in this Agreement limits any liability for: (i) death or personal injury caused by a Party’s negligence; (ii) gross negligence, willful misconduct, fraud or fraudulent misrepresentation; or (iii) any liability which cannot be excluded by applicable law.

Limited Warranty and Limitation of Liability. (a) EXCEPT 5.1 Limited Warranty. LABORIE 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 qualified in respect of the Equipment and Software. LABORIE does not represent or warrant that the Services provided hereunder will be capable of achieving a particular result for the Customer’s business, or that the operation of the Equipment or Software will be error free or uninterrupted, or that all defects or errors in the Equipment or Software can be found or corrected, although LABORIE shall use commercially reasonable efforts to do so. 5.2 Limitation of Liability. OTHER THAN AS EXPRESSLY OTHERWISE PROVIDED IN SECTION 8THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEAM LABORIE MAKES NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE EQUIPMENT, SOFTWARE, MODIFICATIONS, THE SERVICES OR ANY OTHER SERVICES PROVIDED IN ACCORDANCE WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND TEAM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. OTHER THAN AS SPECIFICALLY PROVIDED IN THE EQUIPMENT AGREEMENT, CORRESPONDENCE THE CUSTOMER ASSUMES THE ENTIRE RISK AS TO DESCRIPTION OR NON- INFRINGEMENT. TEAM EXPRESSLY DENIES ANY REPRESENTATION, WARRANTY, CONDITION OR OTHER TERM ABOUT THE ACCURACY OR CONDITION OF DATA OR THAT THE SERVICES, HARDWARE OR SOFTWARE OR RELATED SYSTEMS WILL OPERATE UNINTERRUPTED OR ERROR-FREE. (b) TEAM SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR , LOST DATA OR LOST PROFITS, COST OF CAPITAL, COST OF COVER, OR SERVICE INTERRUPTIONS, FROM THE USE AND PERFORMANCE OF THE EQUIPMENT, THE SOFTWARE, AND THE MODIFICATIONS. IN NO EVENT SHALL LABORIE BE LIABLE TO THE CUSTOMER OR INABILITY TO USE THE HARDWARE, SOFTWARE OR THE SERVICES, IRRESPECTIVE OF WHETHER SUCH DAMAGES CONSTITUTE DIRECT OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND REGARDLESS THE LIKE) ARISING OUT OF WHETHER THE DAMAGES WERE FORESEEABLE USE, INABILITY TO USE OR WHETHER A PARTY HAD THE PERFORMANCE OR NON- PERFORMANCE OF, THE EQUIPMENT, THE SOFTWARE, THE MODIFICATIONS, OR THE PROVISION OF THE SERVICES, EVEN IF LABORIE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGESSUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE. IN NO EVENT SHALL LABORIE’S MAXIMUM AGGREGATE LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE EXCLUSIONS SHALL APPLY EVEN IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (c) CUSTOMER FOR DIRECT DAMAGES EXCEED THE TOTAL LIABILITY OF TEAM AMOUNT PAID BY THE CUSTOMER FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO TEAM SERVICES PERFORMED BY CLIENT UNDER LABORIE IN ACCORDANCE WITH THIS AGREEMENT WITHIN THE ORDER APPLICABLE TO THE EVENT GIVING RISE TO SUCH ACTION DURING THE TWELVE (12) MONTH PERIOD 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITYDATE ON WHICH THE CLAIM AROSE. THE LIMITS ON LIABILITY IN LIMITATIONS OF THIS SECTION SHALL APPLY IN ALL CASES INCLUDING IF WHETHER OR NOT THE APPLICABLE CLAIM ARISES OUT OF ALLEGED BREACH OR DEFAULT IS A BREACH OF EXPRESS A FUNDAMENTAL CONDITION OR IMPLIED WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT PRODUCT LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR FORESEEABLE. THE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS SPECIFIED IN THIS SECTION 13 SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSETERM. (d) Nothing in this Agreement limits any liability for: (i) death or personal injury caused by a Party’s negligence; (ii) gross negligence, willful misconduct, fraud or fraudulent misrepresentation; or (iii) any liability which cannot be excluded by applicable law.