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

Limited Warranty Disclaimer Limitation of Liability. EXCEPT AS SET FORTH IN THIS APPLICATION LICENSE AGREEMENT, NEITHER ATTI NOR ANY THIRD-PARTY LICENSOR OF ATTI MAKE ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE APPLICATION, THE DESIGN OR CONDITION OF THE APPLICATION, THE RESULTS OR ANY OTHER OUTPUT BASED ON THE USE OF THE APPLICATION, OR ANY SERVICES PROVIDED UNDER THIS APPLICATION LICENSE AGREEMENT. ATTI AND EACH OF ITS THIRD- PARTY LICENSORS SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE APPLICATION IN FACT OR BY OPERATION OF LAW OR OTHERWISE, CONTAINED IN OR DERIVED FROM THIS APPLICATION LICENSE AGREEMENT, ANY OTHER DOCUMENTS REFERENCED HEREIN, OR ANY OTHER MATERIALS, PRESENTATIONS OR OTHER DOCUMENTS OR COMMUNICATIONS, IS LICENSED “AS IS” AND “WITH FAULT BASIS.” NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED, AVAILABLE, ERROR-FREE, OR PROVIDED WITHOUT DELAY, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY ATTI OR ANY OF ITS THIRD-PARTY LICENSORS (OR ANY OF THEIR RESPECTIVE AGENTS OR EMPLOYEES) SHALL CREATE ANY WARRANTY. CUSTOMER IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THE ENTIRE RISK AS TO THE PERFORMANCE OF THE APPLICATION AND THE ACCURACY OF ANY INFORMATION OR DATA DERIVED THEREFROM, INCLUDING THE RESULTS, IS ASSUMED BY CUSTOMER. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS WARRANT THE INTEGRETY OR ACCURACY OF ANY DATA ENTERED INTO THE APPLICATION. CUSTOMER ASSUMES ALL RISKS OF DATA CORRUPTION DUE TO FAILURE OF THE APPLICATION OR ANY PART THEREOF. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION OR RELATED DOCUMENTATION IN TERMS OF ITS CORECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE MAY NOT APPLY TO YOU. ATTI AND EACH OF ITS THIRD-PARTY LICENSORS DISCLAIM ANY WARRANTY THAT THE APPLICATION, OR THE INSTALLATION, USE, OR ANY OTHER ACT REGARDING THE APPLICATION, WILL NOT INFRINGE ANY THIRD PARTY’S PATENT, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHT. THE SOLE RESPONSIBILITY FOR COMPLIANCE WITH COMMERCIAL AND INDUSTRY STANDARDS, AS WELL AS FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS REGARDING THE USE AND MAINTENANCE OF THIS APPLICATION LIES WITH CUSTOMER. IN NO EVENT SHALL ATTI, ANY OF ITS THIRD-PARTY LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER FOR ANY CLAIM RESULTING FROM CUSTOMER’S FAILURE TO COMPLY WITH APPLICABLE INDUSTRY STANDARDS, OR ANY FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS REGARDING THE USE AND MAINTENANCE OF THIS APPLICATION. UNDER NO CIRCUMSTANCES, SHALL ATTI, ANY OF ITS THIRD-PARTY LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, AGGRAVATED, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COST OF CAPITAL, DAMAGE TO GOODWILL, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE APPLICATION, ANY OF THE COMPONENTS THEREOF, OR RELATED DOCUMENTATION, HOWEVER CAUSED, WHETHER BASED ON NEGLIGENCE, BREACH OF CONTRACT, BREACH OF TRUST OR FIDUCIARY DUTY, OR OTHERWISE, EVEN IF ATTI, ANY OF ITS THIRD-PARTY LICENSORS, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ATTI’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED $500.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS WILL BE LIABLE FOR ANY VIOLATION COMMITTEED BY CUSTOMER CONCERNING THE LAWS, RULES, REGULATIONS, AND ORDERS APPLICABLE TO THIS APPLICATION LICENSE AGREEMENT, THE APPLICATION, AND THE INDUSTRY. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS SHALL HAVE ANY LIABILITY FOR ANY VIOLATION OF PRIVACY, DATA PROTECTION, OR OTHER LAWS OF ANY JURISDICTION, ARISING OUT OF ATTI’S OR ANY OF ITS THIRD-PARTY LICENSORS’ RESPONSE TO A LAWFUL DEMAND BY LAW EFORCEMENT, NATIONAL SECURITY AGENCIES OR THE COURTS FOR ACCESS TO ANY DATA, INCLUDING PERSONAL DATA AND SENSITIVE PERSONAL DATA, THAT MAY BE IN THE POSSESSION OF ATTI OR ANY OF ITS THIRD-PARTY LICENSORS AS A RESULT OF CUSTOMERS USE OF THE LICENSE GRANTED HEREUNDER.

Limited Warranty Disclaimer Limitation of Liability. EXCEPT AS SET FORTH IN THIS APPLICATION SOFTWARE LICENSE AGREEMENT, NEITHER ATTI NOR ANY THIRD-PARTY LICENSOR OF ATTI MAKE ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE APPLICATIONSOFTWARE, THE DESIGN OR CONDITION OF THE APPLICATIONSOFTWARE, THE RESULTS OR ANY OTHER OUTPUT BASED ON THE USE OF THE APPLICATIONSOFTWARE, OR ANY SERVICES PROVIDED UNDER THIS APPLICATION SOFTWARE LICENSE AGREEMENT. ATTI AND EACH OF ITS THIRD- THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE APPLICATION SOFTWARE IN FACT OR BY OPERATION OF LAW OR OTHERWISE, CONTAINED IN OR DERIVED FROM THIS APPLICATION SOFTWARE LICENSE AGREEMENT, ANY OTHER DOCUMENTS REFERENCED HEREIN, OR ANY OTHER MATERIALS, PRESENTATIONS OR OTHER DOCUMENTS OR COMMUNICATIONS, IS LICENSED “AS IS” AND “WITH FAULT BASIS.” NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, OR THAT THE OPERATION OF THE APPLICATION SOFTWARE WILL BE UNINTERRUPTED, AVAILABLE, ERROR-FREE, OR PROVIDED WITHOUT DELAY, OR THAT DEFECTS IN THE APPLICATION SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY ATTI OR ANY OF ITS THIRD-PARTY LICENSORS (OR ANY OF THEIR RESPECTIVE AGENTS OR EMPLOYEES) SHALL CREATE ANY WARRANTY. CUSTOMER IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THE ENTIRE RISK AS TO THE PERFORMANCE OF THE APPLICATION SOFTWARE AND THE ACCURACY OF ANY INFORMATION OR DATA DERIVED THEREFROM, INCLUDING THE RESULTS, IS ASSUMED BY CUSTOMER. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS WARRANT THE INTEGRETY OR ACCURACY OF ANY DATA ENTERED INTO THE APPLICATIONSOFTWARE. CUSTOMER ASSUMES ALL RISKS OF DATA CORRUPTION DUE TO FAILURE OF THE APPLICATION SOFTWARE OR ANY PART THEREOF. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF ITS CORECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE MAY NOT APPLY TO YOU. ATTI AND EACH OF ITS THIRD-PARTY LICENSORS DISCLAIM ANY WARRANTY THAT THE APPLICATIONSOFTWARE, OR THE INSTALLATION, USE, OR ANY OTHER ACT REGARDING THE APPLICATIONSOFTWARE, WILL NOT INFRINGE ANY THIRD PARTY’S PATENT, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHT. THE SOLE RESPONSIBILITY FOR COMPLIANCE WITH COMMERCIAL AND INDUSTRY STANDARDS, AS WELL AS FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS REGARDING THE USE AND MAINTENANCE OF THIS APPLICATION SOFTWARE LIES WITH CUSTOMER. IN NO EVENT SHALL ATTI, ANY OF ITS THIRD-PARTY LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER FOR ANY CLAIM RESULTING FROM CUSTOMER’S FAILURE TO COMPLY WITH APPLICABLE INDUSTRY STANDARDS, OR ANY FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS REGARDING THE USE AND MAINTENANCE OF THIS APPLICATIONU S E A N D M A I N T E N A N C E O F T H I S S O F T WA R E . UNDER NO U N D E R N O CIRCUMSTANCES, SHALL ATTI, ANY OF ITS THIRD-PARTY LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, AGGRAVATED, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COST OF CAPITAL, DAMAGE TO GOODWILL, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE APPLICATIONSOFTWARE, ANY OF THE COMPONENTS THEREOF, OR RELATED DOCUMENTATION, HOWEVER CAUSED, WHETHER BASED ON NEGLIGENCE, BREACH OF CONTRACT, BREACH OF TRUST OR FIDUCIARY DUTY, OR OTHERWISE, EVEN IF ATTI, ANY OF ITS THIRD-PARTY LICENSORS, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ATTI’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED $500.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS WILL BE LIABLE FOR ANY VIOLATION COMMITTEED BY CUSTOMER CONCERNING THE LAWS, RULES, REGULATIONS, AND ORDERS APPLICABLE TO THIS APPLICATION SOFTWARE LICENSE AGREEMENT, THE APPLICATIONSOFTWARE, AND THE INDUSTRY. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS SHALL HAVE ANY LIABILITY FOR ANY VIOLATION OF PRIVACY, DATA PROTECTION, OR OTHER LAWS OF ANY JURISDICTION, ARISING OUT OF ATTI’S OR ANY OF ITS THIRD-PARTY LICENSORS’ RESPONSE TO A LAWFUL DEMAND BY LAW EFORCEMENT, NATIONAL SECURITY AGENCIES OR THE COURTS FOR ACCESS TO ANY DATA, INCLUDING PERSONAL DATA AND SENSITIVE PERSONAL DATA, THAT MAY BE IN THE POSSESSION OF ATTI OR ANY OF ITS THIRD-PARTY LICENSORS AS A RESULT OF CUSTOMERS USE OF THE LICENSE GRANTED HEREUNDER.

Limited Warranty Disclaimer Limitation of Liability. MorphoTrust shall provide the Services hereunder in a professional and workmanlike manner by duly qualified personnel. EXCEPT AS SET FORTH IN FOR THIS APPLICATION LICENSE AGREEMENTLIMITED WARRANTY, NEITHER ATTI NOR ANY THIRD-PARTY LICENSOR OF ATTI MAKE ANY WARRANTY OR REPRESENTATIONMORPHOTRUST HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR AND IMPLIED, WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE APPLICATION, THE DESIGN OR CONDITION OF THE APPLICATION, THE RESULTS OR ANY OTHER OUTPUT BASED ON THE USE OF THE APPLICATION, OR ANY SERVICES PROVIDED UNDER THIS APPLICATION LICENSE AGREEMENT. ATTI AND EACH OF ITS THIRD- PARTY LICENSORS SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. PURPOSE IN REGARD TO THE APPLICATION IN FACT OR BY OPERATION OF LAW OR OTHERWISESERVICES, CONTAINED IN OR DERIVED FROM THIS APPLICATION LICENSE AGREEMENTSOFTWARE, AND ANY OTHER DOCUMENTS REFERENCED HEREIN, OR ANY OTHER MATERIALS, PRESENTATIONS OR OTHER DOCUMENTS OR COMMUNICATIONS, IS LICENSED “AS IS” AND “WITH FAULT BASIS.” NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED, AVAILABLE, ERROR-FREE, OR GOODS PROVIDED WITHOUT DELAY, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY ATTI OR ANY OF ITS THIRD-PARTY LICENSORS (OR ANY OF THEIR RESPECTIVE AGENTS OR EMPLOYEES) SHALL CREATE ANY WARRANTY. CUSTOMER IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THE ENTIRE RISK AS TO THE PERFORMANCE OF THE APPLICATION AND THE ACCURACY OF ANY INFORMATION OR DATA DERIVED THEREFROM, INCLUDING THE RESULTS, IS ASSUMED BY CUSTOMER. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS WARRANT THE INTEGRETY OR ACCURACY OF ANY DATA ENTERED INTO THE APPLICATION. CUSTOMER ASSUMES ALL RISKS OF DATA CORRUPTION DUE TO FAILURE OF THE APPLICATION OR ANY PART THEREOF. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION OR RELATED DOCUMENTATION IN TERMS OF ITS CORECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE MAY NOT APPLY TO YOU. ATTI AND EACH OF ITS THIRD-PARTY LICENSORS DISCLAIM ANY WARRANTY THAT THE APPLICATION, OR THE INSTALLATION, USE, OR ANY OTHER ACT REGARDING THE APPLICATION, WILL NOT INFRINGE ANY THIRD PARTY’S PATENT, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHT. THE SOLE RESPONSIBILITY FOR COMPLIANCE WITH COMMERCIAL AND INDUSTRY STANDARDS, AS WELL AS FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS REGARDING THE USE AND MAINTENANCE OF THIS APPLICATION LIES WITH CUSTOMERHEREUNDER. IN NO EVENT SHALL ATTI, ANY OF ITS THIRD-PARTY LICENSORSMORPHOTRUST’S AGGREGATE LIABILITY TO CUSTOMER ARISING OUT OF, OR RELATED TO, THIS AGREEMENT, UNDER ANY CAUSE OF THEIR RESPECTIVE DIRECTORSACTION OR THEORY OF RECOVERY, OFFICERS, EMPLOYEES, OR AGENTS EXCEED THE NET FEES FOR MORPHOTRUST’S SERVICES ACTUALLY PAID BY CUSTOMER TO MORPHOTRUST UNDER THE APPLICABLE ADDENDUM TO THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CUSTOMER’S CAUSE OF ACTION AROSE. IN NO EVENT SHALL MORPHOTRUST BE LIABLE TO CUSTOMER FOR ANY CLAIM RESULTING FROM CUSTOMER’S FAILURE TO COMPLY WITH APPLICABLE INDUSTRY STANDARDS, OR ANY FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS REGARDING THE USE AND MAINTENANCE OF THIS APPLICATION. UNDER NO CIRCUMSTANCES, SHALL ATTI, ANY OF ITS THIRD-PARTY LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVEINCIDENTIAL, AGGRAVATEDCONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, EXEMPLARYBUT NOT LIMITED TO, LOST PROFITS OR REVENUE; LOSS, INACCURACY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES CORRUPTION OF DATA OR LOSS OR INTERRUPTION OF USE; OR FOR LOSS OF BUSINESS PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COST OF CAPITAL, DAMAGE TO GOODWILL, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE APPLICATION, ANY OF THE COMPONENTS THEREOF, OR RELATED DOCUMENTATION, HOWEVER CAUSED, WHETHER BASED ON NEGLIGENCE, BREACH OF CONTRACT, BREACH OF TRUST OR FIDUCIARY DUTY, OR OTHERWISEMATTER BEYOND MORPHOTRUST’S REASONABLY CONTROL, EVEN IF ATTI, ANY OF ITS THIRD-PARTY LICENSORS, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ATTI’S TOTAL LIABILITY FOR ALL DAMAGESACTION, LOSSESREGARDLESS OF FORM, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED $500.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS WILL BE LIABLE FOR ANY VIOLATION COMMITTEED BROUGHT BY CUSTOMER CONCERNING THE LAWS, RULES, REGULATIONS, AND ORDERS APPLICABLE TO THIS APPLICATION LICENSE AGREEMENT, THE APPLICATION, AND THE INDUSTRY. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS SHALL HAVE ANY LIABILITY FOR ANY VIOLATION OF PRIVACY, DATA PROTECTION, OR OTHER LAWS OF ANY JURISDICTION, ARISING OUT OF ATTI’S OR ANY OF ITS THIRD-PARTY LICENSORS’ RESPONSE TO A LAWFUL DEMAND BY LAW EFORCEMENT, NATIONAL SECURITY AGENCIES OR THE COURTS FOR ACCESS TO ANY DATA, INCLUDING PERSONAL DATA AND SENSITIVE PERSONAL DATA, THAT MAY BE IN THE POSSESSION OF ATTI OR ANY OF ITS THIRD-PARTY LICENSORS AS A RESULT OF CUSTOMERS USE OF THE LICENSE GRANTED HEREUNDER.MORE THAN TWO

Limited Warranty Disclaimer Limitation of Liability. EXCEPT AS SET FORTH IN THIS APPLICATION LICENSE AGREEMENT, NEITHER ATTI NOR ANY THIRD-PARTY LICENSOR OF ATTI MAKE ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE APPLICATION, THE DESIGN OR CONDITION OF THE APPLICATION, THE RESULTS OR ANY OTHER OUTPUT BASED ON THE USE OF THE APPLICATION, OR ANY SERVICES PROVIDED UNDER THIS APPLICATION LICENSE AGREEMENT. ATTI AND EACH OF ITS THIRD- THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE APPLICATION SOFTWARE IN FACT OR BY OPERATION OF LAW OR OTHERWISE, CONTAINED IN OR DERIVED FROM THIS APPLICATION LICENSE AGREEMENT, ANY OTHER DOCUMENTS REFERENCED HEREIN, OR ANY OTHER MATERIALS, PRESENTATIONS OR OTHER DOCUMENTS OR COMMUNICATIONS, IS LICENSED “AS IS” AND “WITH FAULT BASIS.” NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED, AVAILABLE, ERROR-FREE, OR PROVIDED WITHOUT DELAY, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY ATTI OR ANY OF ITS THIRD-PARTY LICENSORS (OR ANY OF THEIR RESPECTIVE AGENTS OR EMPLOYEES) SHALL CREATE ANY WARRANTY. CUSTOMER IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THE ENTIRE RISK AS TO THE PERFORMANCE OF THE APPLICATION AND THE ACCURACY OF ANY INFORMATION OR DATA DERIVED THEREFROM, INCLUDING THE RESULTS, IS ASSUMED BY CUSTOMER. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS WARRANT THE INTEGRETY OR ACCURACY OF ANY DATA ENTERED INTO THE APPLICATION. CUSTOMER ASSUMES ALL RISKS OF DATA CORRUPTION DUE TO FAILURE OF THE APPLICATION OR ANY PART THEREOF. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION OR RELATED DOCUMENTATION IN TERMS OF ITS CORECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE MAY NOT APPLY TO YOU. ATTI AND EACH OF ITS THIRD-PARTY LICENSORS DISCLAIM ANY WARRANTY THAT THE APPLICATION, OR THE INSTALLATION, USE, OR ANY OTHER ACT REGARDING THE APPLICATION, WILL NOT INFRINGE ANY THIRD PARTY’S PATENT, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHT. THE SOLE RESPONSIBILITY FOR COMPLIANCE WITH COMMERCIAL AND INDUSTRY STANDARDS, AS WELL AS FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS REGARDING THE USE AND MAINTENANCE OF THIS APPLICATION LIES WITH CUSTOMER. IN NO EVENT SHALL ATTI, ANY OF ITS THIRD-PARTY LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER FOR ANY CLAIM RESULTING FROM CUSTOMER’S FAILURE TO COMPLY WITH APPLICABLE INDUSTRY STANDARDS, OR ANY FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS REGARDING THE USE AND MAINTENANCE OF THIS APPLICATION. UNDER NO CIRCUMSTANCES, CIRCUMSTANCES SHALL ATTI, ANY OF ITS THIRD-PARTY LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, AGGRAVATED, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COST OF CAPITAL, DAMAGE TO GOODWILL, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE APPLICATION, ANY OF THE COMPONENTS THEREOF, OR RELATED DOCUMENTATION, HOWEVER CAUSED, WHETHER BASED ON NEGLIGENCE, BREACH OF CONTRACT, BREACH OF TRUST OR FIDUCIARY DUTY, OR OTHERWISE, EVEN IF ATTI, ANY OF ITS THIRD-PARTY LICENSORS, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ATTI’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED $500.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS WILL BE LIABLE FOR ANY VIOLATION COMMITTEED BY CUSTOMER CONCERNING THE LAWS, RULES, REGULATIONS, AND ORDERS APPLICABLE TO THIS APPLICATION LICENSE AGREEMENT, THE APPLICATION, AND THE INDUSTRY. NEITHER ATTI NOR ANY OF ITS THIRD-PARTY LICENSORS SHALL HAVE ANY LIABILITY FOR ANY VIOLATION OF PRIVACY, DATA PROTECTION, OR OTHER LAWS OF ANY JURISDICTION, ARISING OUT OF ATTI’S OR ANY OF ITS THIRD-PARTY LICENSORS’ RESPONSE TO A LAWFUL DEMAND BY LAW EFORCEMENT, NATIONAL SECURITY AGENCIES OR THE COURTS FOR ACCESS TO ANY DATA, INCLUDING PERSONAL DATA AND SENSITIVE PERSONAL DATA, THAT MAY BE IN THE POSSESSION OF ATTI OR ANY OF ITS THIRD-PARTY LICENSORS AS A RESULT OF CUSTOMERS USE OF THE LICENSE GRANTED HEREUNDER.