Common use of No Other Warranties Clause in Contracts

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT OR OTHERWISE. NO WARRANTY IS MADE THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAIN.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (PLATFORM AND THE WORK PRODUCT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND PERFECTMIND DOES NOT GUARANTEE THAT THE PLATFORM WILL FUNCTION ERROR-FREE OR UNINTERRUPTED. CUSTOMER ACKNOWLEDGES THAT PERFECTMIND DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE RELEVANT LEGISLATION)INTERNET, AND THAT THE SERVICE PROVIDED UNDER THIS AGREEMENT MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. PERFECTMIND IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THERE ARE NO REPRESENTATIONS, CONDITIONS OR WARRANTIES SET FORTH OTHER THAN THOSE EXPRESSLY PROVIDED IN THIS SECTION 6 AGREEMENT. THE CONDITIONS, REPRESENTATIONS AND WARRANTIES EXPRESSLY SET OUT HEREIN ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENTIN LIEU OF, AND ARE MADE PERFECTMIND EXPRESSLY IN LIEU OF DISCLAIMS, ALL OTHER WARRANTIESCONDITIONS, CONDITIONS WARRANTIES AND REPRESENTATIONS, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING ANY IMPLIED CONDITIONS, WARRANTIES OR REPRESENTATIONS IN RESPECT OF QUALITY, CONDUCT, PERFORMANCE, RELIABILITY, AVAILABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYWHETHER ARISING BY USAGE OF TRADE, INFORMATIONAL CONTENTBY COURSE OF DEALING, SYSTEMS INTEGRATIONBY COURSE OF PERFORMANCE, NON-INFRINGEMENTAT LAW, INTERFERENCE WITH ENJOYMENT IN EQUITY, BY STATUTE OR OTHERWISE. NO WARRANTY IS MADE THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTEDOTHERWISE HOWSOEVER, ERROR FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL MAXIMUM EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINLAW.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES EXCEPT AS SET FORTH ABOVE IN THIS SECTION 6 12, THE PRODUCTS ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICESPROVIDED “AS IS” AND NEURONETICS HEREBY DISCLAIMS ALL WARRANTIES, ANY SOFTWARE WHETHER EXPRESS, IMPLIED, STATUTORY OR MATERIALS, OR THE AGREEMENTOTHER, AND ARE MADE EXPRESSLY IN LIEU OF NEURONETICS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, TITLE AND NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR OTHERWISETRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, NEURONETICS MAKES NO WARRANTY IS MADE OF ANY KIND THAT THE PRODUCTS OR RESULTS OF THE USE THEREOF WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE ELIGIBLE FOR REIMBURSEMENT BY INSURANCE COMPANIES AND OTHER THIRD PARTY PAYORS, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, AVAILABLE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. CUSTOMER ACKNOWLEDGES THAT NEURONETICS DOES NOT CONTROL THE TRANSFER OF DATA OVER THE INTERNET, AND THAT TRAKSTAR CLOUD AND OTHER COMPONENTS OF THE SYSTEM WILL BE SUBJECT TO LIMITATIONS INHERENT IN THE USE OF THE SOFTWARE WILL INTERNET. NEURONETICS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM SUCH INTERNET PROBLEMS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE UNINTERRUPTED, ERROR FREE, EXCLUDED OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE LIMITED UNDER APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINLAW.

No Other Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION)APPLICABLE LAW, THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, MICROSOFT AND ARE MADE EXPRESSLY IN LIEU OF ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING ANY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYTITLE, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT OR OTHERWISE. NO WARRANTY IS MADE THAT USE OF REGARD TO THE SOFTWARE WILL BE UNINTERRUPTEDPRODUCT, ERROR FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE. LIMITATION OF LIABILITY. TO THE AUSTRALIAN CONSUMER LAW CONTAINED MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY EQUIVALENT STATE SPECIAL, INCIDENTAL, INDIRECT, OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION CONSEQUENTIAL DAMAGES WHATSOEVER (THE “RELEVANT LEGISLATION”)INCLUDING, THE EXERCISE WITHOUT LIMITATION, DAMAGES FOR LOSS OF A RIGHT CONFERRED BY SUCH A PROVISIONBUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MICROSOFT'S ENTIRE LIABILITY UNDER ANY PROVISION OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. THIS STUDENT XXXX SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY GREATER OF THE RELEVANT LEGISLATION IS LIMITEDAMOUNT ACTUALLY PAID FOR BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, AT ACCENTURE’S OPTION, THE ABOVE LIMITATION MAY NOT APPLY TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINYOU.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION)EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3, ABOVE, THE WARRANTIES SET FORTH IN THIS SECTION 6 SOFTWARE PRODUCT AND ANY UPGRADE THERETO IS/ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICESPROVIDED TO CUSTOMER ON AN ''AS IS'' BASIS, WITHOUT WARRANTY OF ANY SOFTWARE KIND OR MATERIALSNATURE, OR THE AGREEMENTNOVODYNAMICS AND ITS SUPPLIERS MAKE, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIESCUSTOMER RECEIVES, CONDITIONS AND REPRESENTATIONSNO WARRANTIES OR CONDITIONS, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, MERCHANTABILITYOR NON. INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, INFORMATIONAL CONTENTAND THEIR EQUIVALENTS XXXXXX THE LAWS OF ANY ruRISDICTION, SYSTEMS INTEGRATION, NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT OR OTHERWISE. NO WARRANTY IS MADE THAT USE OF REGARDING THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 PRODUCT AND/OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”)UPGRADE THERETO. 6, THE EXERCISE LIMITATION OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SOLIABILITY. TO THE FULL MAXIMUM EXTENT PERMITTED BY THE RELEVANT LEGISLATIONAPPLICABLE LAW, ACCENTURE’S SOLE LIABILITY NOVODYNAMICS SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR A BREACH ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PI-INITIVE OR OTHER DAMAGES OF ANY GUARANTEEKIND OR NATURE ARISING OUT OF THE USE OF OR INABILITY TO USE TFIE SOFTWARE PRODUCT AND/OR ANY UPGRADE THERETO, CONDITION OR WARRANTY IMPLIED BY VIRTUE EVEN IF NOVODYNAMICS I{AS BEEN ADVISED OF THE AIL POSSIBILITY OF ANY SUCH DAMAGES, AND CUSTOMER I{EREBY ASSUMES zuSKS AS TO TTM QUALITY, PERFORMANCE, OPERATION OF AND/ORINABILITY TO OPERATE THE RELEVANT LEGISLATION IS LIMITEDSOFTWARE PRODUCT AND/OR ANY UPGRADE THERETO. IN NO EVENT SHALL NOVODYNAMICS'LIABILITY HEREUNDER EXCEED THE PRICE WHICH IS/ARE CUSTOMER PAID FOR THE ITEM(S) WHICH not allow the THE SIIBJECT OF ANY CLAIMED LIABILITY. Some states do NovoDynomics@ nU exclusion or limitation of incidental or consequential damages or of implied warranties, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINso certain of the foregoing provisions may not apply to Customer.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE EXCEPT FOR THOSE REPRESENATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 6 ARE AGREEMENT AND THE ONLY WARRANTIES CONCERNING EXHIBITS HERETO, THE MAINTENANCE SERVICES, COMPANY MAKES NO REPRESENTATIONS OR WARRANTY OF ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU KIND OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONSNATURE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED AS TO THE PURCHASED ASSETS, THE CONSTRUCTION OR OPERATIONS OF THE PURCHASED ASSETS, OR THE PROSPECTS (FINANCIAL OR OTHERWISE), RISKS AND OTHER INCIDENTS OF THE PURCHASED ASSETS, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACTUAL PRODUCTION CAPABILITY OF THE PURCHASED ASSETS OR THE ABILITY OF REG OR PURCHASER TO GENERATE OR SELL BIODIESEL OR OTHER PRODUCTS OR TO CONDUCT OTHER COMMERCIAL ACTIVITIES. WITHOUT LIMITED THE FOREGOING, AND EXCEPT FOR THOSE REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, USAGE OR SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE PURCHASED ASSETS OR ANY PART THEREOF, MERCHANTABILITYOR AS TO THE WORKMANSHIP THEREOF, INFORMATIONAL CONTENTOR THE ABSENCE OF ANY DEFECTS THEREIN, SYSTEMS INTEGRATIONWHETHER LATENT OR PATENT, NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT OR OTHERWISE. NO WARRANTY IS MADE THAT USE COMPLIANCE OF THE SOFTWARE WILL BE UNINTERRUPTEDPURCHASED ASSETS WITH ANY LAWS, ERROR FREEINCLUDING ENVIRONMENTAL LAWS, OR THAT AS TO THE CONDITION OF PURCHASED ASSETS OR ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTEDPART THEREOF, OR THAT AS TO THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY ABSENCE OF HAZARDOUS SUBSTANCES OR LIABILITY OR POTENTIAL LIABILITY UNDER ENVIRONMENTAL LAWS WITH RESPEC EXCEPT FOR ITS DATA THE REPRESENATIONS AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE EXHIBITS HERETO, THE PURCHASED ASSETS ARE SOLD "AS IS, WHERE IS" ON THE CLOSING DATE, AND IN ITS CONDITION ON THE CLOSING DATE "WITH ALL FAULTS." WITHOUT LIMITING THE FOREGOING, EXCEPT FOR THE REPRESENATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE EXHIVITS HERETO, NO MATERIAL OR INFORMATION PROVIDED BY OR COMMUNICATIONS BY THE COMPANY OR ITS REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIAL CONTAINED IN THE DUE DILIGENCE MATERIALS, WILL OPERATE SO CAUSE OR CREATE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO EXCLUDETHE TITLE, RESTRICT CONDITION, VALUE, OR MODIFY THE APPLICATION OF ANY QUALITY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINPURCHASED ASSETS.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES SET FORTH IN THIS SECTION 6 AND REMEDIES CONTAINED HEREIN ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, EXCLUSIVE AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIESWARRANTIES EXPRESSED, CONDITIONS AND REPRESENTATIONSIMPLIED, EXPRESS OR IMPLIEDSTATUTORY, INCLUDING ANY IMPLIED WARRANTIES LIABILITY ARISING UNDER ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT STATUTORY OR OTHERWISE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, WHICH MAY VARY FROM STATE TO STATE. THE EXPRESS WARRANTY STATED IN THIS WARRANTY IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS (IF ANY) INCLUDING ANY CREATED BY ANY OTHER DOCUMENTATION OR PACKAGING. NO OTHER WARRANTIES OR CONDITIONS ARE MADE WITH RESPECT TO THE PRODUCT OR THE WARRANTY SERVICES BY ANY PERSON, INCLUDING BUT NOT LIMITED TO LBT AND ITS SUPPLIERS. NO INFORMATION (ORAL OR WRITTEN) OR SUGGESTIONS GIVEN BY LBT, ITS AGENTS OR SUPPLIERS, OR ITS OR THEIR EMPLOYEES, SHALL CREATE A WARRANTY OR CONDITION OR EXPAND THE SCOPE OF THIS LIMITED WARRANTY. ALSO, THERE IS NO WARRANTY IS MADE THAT USE OR CONDITION OF TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT IN THE PRODUCT. YOU MAY HAVE GREATER RIGHTS EXISTING UNDER LEGISLATION IN YOUR JURISDICTION. WHERE SUCH LAWS PROHIBIT ANY TERM OF THIS LIMITED WARRANTY, IT SHALL BE NULL AND VOID, BUT THE REMAINDER OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT ANY ERRORS OR DEFECTS LIMITED WARRANTY SHALL REMAIN IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA FULL FORCE AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINEFFECT.

No Other Warranties. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 8.1 ABOVE, THE SOFTWARE, DOCUMENTATION AND SERVICES ARE PROVIDED TO CUSTOMER “AS IS” AND WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION)APPLICABLE LAW, THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, CARGILL AND ARE MADE EXPRESSLY IN LIEU OF ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING ANY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-AND NON- INFRINGEMENT, INTERFERENCE WITH ENJOYMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, CARGILL DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR OTHERWISETIMELINESS OF THIRD- PARTY CONTENT CONTAINED IN THE SOFTWARE. ADDITIONALLY, WITHOUT LIMITATION TO THE FOREGOING, CARGILL PROVIDES NO WARRANTY IS MADE AND MAKES NO REPRESENTATION OF ANY KIND THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTEDMEET THE CUSTOMER’S REQUIREMENTS, ERROR FREEACHIEVE ANY INTENDED RESULTS, OR THAT ANY ERRORS OPERATE WITHOUT INTERRUPTION OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SOERROR. TO THE FULL EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE RELEVANT LEGISLATIONSOFTWARE, ACCENTUREIF ANY, ARE LIMITED TO NINETY (90) DAYS FROM THE DATE OF CUSTOMER’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY RECEIPT OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINSOFTWARE.

No Other Warranties. TO Except as expressly set forth above, the Software is being delivered to You "AS IS" and DynaVox makes no warranty as to its use or performance and disclaims any warranty relating to any impact to Your Computer's performance or any influences on Your Computer. DYNAVOX AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE EXTENT PERMITTED PERFORMANCE OR RESULTS YOU MAY OBTAIN BY LAW (INCLUDING USING THE RELEVANT LEGISLATION), SOFTWARE. THE ABOVE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, EXCLUSIVE AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DYNAVOX, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO ONE (1) YEAR FROM THE DATE OF DELIVERY OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, DYNAVOX 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 MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT OR OTHERWISE. NO WARRANTY IS MADE THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREESATISFACTORY QUALITY, OR THAT FITNESS FOR ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINPARTICULAR PURPOSE.

No Other Warranties. EXCEPT AS EXPRESSLY STATED IN SECTION 3.01, TO THE GREATEST EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION)LAW, THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, IS LICENSED AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER MATERIALS AND SERVICES ARE PROVIDED TO THE ORGANIZATION “AS IS” AND THERE ARE NO WARRANTIES, CONDITIONS AND REPRESENTATIONSREPRESENTATIONS OR CONDITIONS, EXPRESS EXPRESSED OR IMPLIED, INCLUDING WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. XXXXXX, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, TITLE OR NON-INFRINGEMENT. XXXXXX DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE SHALL OPERATE ERROR FREE OR IN THE COMBINATIONS SELECTED, INTERFERENCE WITH ENJOYMENT THAT IT SHALL MEET ANY OR OTHERWISE. NO WARRANTY IS MADE THAT USE ALL OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREEORGANIZATION’S PARTICULAR REQUIREMENTS, OR THAT ANY ALL ERRORS OR DEFECTS IN THE SOFTWARE WILL CAN BE FOUND OR CORRECTED, . NO AGREEMENTS VARYING OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDESHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF XXXXXX. Subject to the requirements of Section 3.01, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINXxxxxx reserves the right to correct any defects about which it is made aware and to produce Releases at a time of Xxxxxx’x own choosing and at Xxxxxx’x discretion.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE HAZELDEN’S AND HAZELDEN’S PARTNERS’ REPRESENTATIONS AND WARRANTIES THAT ARE EXPRESSLY SET FORTH IN THIS SECTION 6 AGREEMENT ARE THE ONLY REPRESENTATIONS AND WARRANTIES CONCERNING THE MAINTENANCE PROVIDED BY HAZELDEN AND HAZELDEN’S PARTNERS WITH RESPECT TO ANY SERVICES, THE PLATFORM, THE CONTENT, THE WEBSITE, AND ANY SOFTWARE OTHER ITEM OR MATERIALSSERVICE PROVIDED BY HAZELDEN AND/OR HAZELDEN’S PARTNERS. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBJECT ONLY TO THE EXPRESS WARRANTIES PROVIDED UNDER THE AGREEMENT, ALL SERVICES, CONTENT, THE PLATFORM, THE WEBSITE, AND ANY OTHER ITEMS ARE MADE PROVIDED ON AN “AS-IS,” AND “AS-AVAILABLE” BASIS. HAZELDEN AND HAZELDEN’S PARTNERS EXPRESSLY IN LIEU OF DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT ; ANY WARRANTY REGARDING RESULTS OBTAINABLE OR OTHERWISE. NO WARRANTY IS MADE THAT TO BE OBTAINED BY SUBSCRIBER OR AN AUTHORIZED USER AS A RESULT OF PROVISION OR USE OF THE SOFTWARE WILL BE UNINTERRUPTEDSERVICES; AND ANY WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION OF OR ACCESS TO THE HAZELDEN TECHNOLOGY AND MATERIALS OR PROVISION OF SERVICES. HAZELDEN AND HAZELDEN’S PARTNERS RESERVE THE RIGHT TO MODIFY AND OR REMOVE ANY PORTION OF THE SERVICES INCLUDING ANY CONTENT, ERROR FREEAT ANY TIME, WITH OR WITHOUT NOTICE. NO ORAL OR WRITTEN INFORMATION BY HAZELDEN OR HAZELDEN’S PARTNERS OR ANY OTHER ENTITY OR PERSON SHALL CREATE ANY ADDITIONAL REPRESENTATION OR WARRANTY BY HAZELDEN OR HAZELDEN’S PARTNERS. HAZELDEN AND HAZELDEN’S PARTNERS DO NOT REPRESENT, WARRANT, OR GUARANTY TO SUBSCRIBER OR TO ANY AUTHORIZED USER ANY PARTICULAR RESULTS TO BE ACHIEVED AS A RESULT OF SUBSCRIBER’S OR YOUR RECEIVING THE SERVICES. HAZELDEN AND HAZELDEN’S PARTNERS ARE NOT LIABLE FOR ANY DAMAGES THAT ANY ERRORS YOU, YOUR SUBSCRIBER OR DEFECTS ITS OTHER AUTHORIZED USERS OR OTHER THIRD PARTIES MAY SUFFER ARISING OUT OF USE, DELAY IN THE SOFTWARE WILL BE CORRECTEDPROVIDING, OR THAT INABILITY TO USE, THE SOFTWARESERVICES. HAZELDEN AND HAZELDEN’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY PARTNERS ARE NOT LIABLE FOR ITS DATA AND THE SELECTION OF THE SOFTWARE UNAUTHORIZED ACCESS TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDEOR ALTERATION, RESTRICT THEFT OR MODIFY THE APPLICATION DESTRUCTION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 YOUR, YOUR SUBSCRIBER’S OR ANY EQUIVALENT STATE ITS OTHER AUTHORIZED USERS’ INFORMATION OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINDATA.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES SET FORTH IN THIS SECTION 6 8 (Representations and Warranties) ARE THE ONLY WARRANTIES CONCERNING MADE BY COMPANY AND EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, THE MAINTENANCE COMPANY’S SERVICES, LICENSED WORKS, AND ANY SOFTWARE OR OTHER MATERIALS, THIRD PARTY SOFTWARE, DATA OR THE AGREEMENT, SERVICES ARE PROVIDED “AS IS” AND ARE MADE EXPRESSLY IN LIEU “WITH ALL FAULTS” AND COMPANY MAKES NO OTHER WARRANTIES OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONSANY KIND, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE SERVICES, LICENSED WORKS, OR ANY OTHER MATERIALS, SOFTWARE, DATA OR SERVICES, OR THE FITNESS OF THE SOFTWARE FOR CUSTOMER’S OR ITS AUTHORIZED USER’S USE. COMPANY HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR OTHERWISE. NO WARRANTY IS MADE COURSE OF PERFORMANCE OR TRADE USAGE, OR WARRANTIES THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREEDELIVERED FREE FROM DEFECTS OR ERRORS WHICH DO NOT MATERIALLY AFFECT PERFORMANCE, OR THAT ANY ALL DEFECTS OR ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION GIVEN BY COMPANY, ITS EMPLOYEES, LICENSORS OR THE LIKE WILL CREATE A WARRANTY. COMPANY’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO OTHER DAMAGE RESULTING FROM SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINPROBLEMS.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES EXCEPT AS SET FORTH IN THIS SECTION 6 ARE 9.1 OR THE ONLY WARRANTIES CONCERNING END USER LICENSE AGREEMENT FOR THE MAINTENANCE SERVICESMPIO DDK ATTACHED AS EXHIBIT B, ANY SOFTWARE OR MATERIALSTHERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NONINFRINGEMENT IN ANY MATERIALS OR INTELLECTUAL PROPERTY PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION THE AGREEMENTMPIO DDK. EXCEPT AS SET FORTH IN SECTION 9.1 OR THE END USER LICENSE AGREEMENT FOR THE MPIO DDK ATTACHED AS EXHIBIT B, EACH PARTY, Microsoft Corporation Confidential [MICROSOFT LOGO] ON BEHALF OF ITSELF AND ARE MADE EXPRESSLY IN LIEU OF ITS SUPPLIERS AND WITH RESPECT TO THE OTHER PARTY AND ALL OTHER PERSONS OF EVERY NATURE WHATSOEVER, DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, CONDITIONS AND REPRESENTATIONSEXPRESS, EXPRESS OR IMPLIED, OR STATUTORY, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYOF REASONABLE CARE OR WORKMANLIKE EFFORT, INFORMATIONAL CONTENTOF LACK OF NEGLIGENCE, SYSTEMS INTEGRATIONOF A LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OR OF NON-INFRINGEMENT, INTERFERENCE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, ALL WITH ENJOYMENT REGARD TO ALL MATERIALS AND INTELLECTUAL PROPERTY LICENSED OR OTHERWISE. NO WARRANTY IS MADE THAT USE OF OTHERWISE PROVIDED IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINMPIO DDK.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, PRODUCTS AND SERVICES ARE MADE EXPRESSLY IN LIEU PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND NI DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. NI DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO NI DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. 11. WARNING AND CUSTOMER INDEMNITY. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT PRODUCTS AND SERVICES ARE NOT DESIGNED, MANUFACTURED, OR TESTED FOR USE IN LIFE OR SAFETY CRITICAL SYSTEMS, HAZARDOUS ENVIRONMENTS OR ANY OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING IN THE OPERATION OF NUCLEAR FACILITIES; AIRCRAFT NAVIGATION; AIR TRAFFIC CONTROL SYSTEMS; LIFE SAVING OR LIFE SUSTAINING SYSTEMS OR SUCH OTHER MEDICAL DEVICES; OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE PRODUCT OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PROPERTY DAMAGE OR ENVIRONMENTAL HARM (COLLECTIVELY, "HIGH-RISK USES"). FURTHER, CUSTOMER MUST TAKE PRUDENT STEPS TO PROTECT AGAINST PRODUCT AND SERVICE FAILURES, INCLUDING PROVIDING BACK-UP AND SHUT-DOWN MECHANISMS. NI EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY IS MADE THAT OF FITNESS OF THE PRODUCTS OR SERVICES FOR HIGH-RISK USES. CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD NI HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, INCLUDING, LAWSUITS, ARBITRATIONS, AND/OR ADMINISTRATIVE ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF CUSTOMER’S USE OF THE SOFTWARE WILL BE UNINTERRUPTEDPRODUCTS AND SERVICES FOR ANY HIGH-RISK USES, ERROR FREEINCLUDING CLAIMS FOR PRODUCT LIABILITY, PERSONAL INJURY (INCLUDING DEATH) OR DAMAGE TO PROPERTY, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED OR ACTUAL NEGLIGENCE OF NI. 12. SYSTEM AND APPLICATION RESPONSIBILITY AND ADDITIONAL INDEMNITY. CUSTOMER ACKNOWLEDGES THAT ANY ERRORS OR DEFECTS IN IT IS ULTIMATELY RESPONSIBLE FOR VERIFYING AND VALIDATING THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA SUITABILITY AND THE SELECTION RELIABILITY OF THE SOFTWARE PRODUCTS OR SERVICES WHENEVER THE PRODUCTS OR SERVICES ARE INCORPORATED IN ITS SYSTEM OR APPLICATION, INCLUDING THE APPROPRIATE DESIGN, PROCESS, AND SAFETY LEVEL OF SUCH SYSTEM OR APPLICATION. FURTHER, CUSTOMER MUST TAKE PRUDENT STEPS TO ACHIEVE PROTECT AGAINST PRODUCT AND SERVICE FAILURES WHEN PRODUCTS AND SERVICES ARE INCORPORATED IN A SYSTEM OR APPLICATION, INCLUDING PROVIDING BACK-UP AND SHUT-DOWN MECHANISMS. CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD NI HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, INCLUDING LAWSUITS, ARBITRATIONS, AND/OR ADMINISTRATIVE ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF CUSTOMER’S INCORPORATION OF THE PRODUCTS OR SERVICES INTO ITS INTENDED RESULTSSYSTEM OR APPLICATION, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED OR ACTUAL NEGLIGENCE OF NI. NOTHING 13. INTELLECTUAL PROPERTY LIABILITY. NI agrees to defend any third-party claim that alleges the Hardware, Software or Services infringe any patent, copyright, or trademark of U.S. and/or People’s Republic of China (“Claim”). Customer shall notify NI immediately upon learning of any Claim, or any allegation that the grounds for a Claim may exist, shall grant NI sole control over the defense and settlement of the Claim, and shall cooperate fully with NI in preparing a defense for any Claim. NI agrees to pay any final judgment or settlement resulting from any Claim, provided that the settlement is entered into in accordance with this Section. NI shall not be liable for a settlement made without its prior written consent. Notwithstanding the foregoing, NI shall have no obligation under this Section for any claim relating to or arising from (a) Customer’s modifications of Hardware, Software or Services; (b) failure to use Hardware, Software or Services in accordance with the applicable documentation provided by NI; (c) the combination, operation, or use of Hardware, Software or Services with any hardware, software or service not provided by NI; (d) the compliance of NI with Customer’s specifications or directions, including the incorporation of any software or other materials provided by or requested by Customer; or (e) Non-NI Branded Products. The foregoing states the Customer's sole remedy for, and the entire liability and responsibility of NI for, infringement of any patent, trademark, or copyright or other intellectual property rights. THIS LIMITED INDEMNITY IS IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION LIEU OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OTHER STATUTORY OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION IMPLIED WARRANTY AGAINST INFRINGEMENT. In any event, if NI believes in its reasonable opinion the Hardware, Software, or Services may be alleged to be infringing, for the purposes of mitigating any potential damages, NI may, at its option, (THE “RELEVANT LEGISLATION”)i) procure for the Customer the right to continue to use the Hardware, THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISIONSoftware, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEEor Services; (ii) replace them with comparable Hardware, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISIONSoftware or Services that are free of such infringement; or (iii) refund the fees paid by Customer, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SOin which case Customer shall promptly return the Hardware to NI and/or terminate the use of the Software or Services. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAIN14.

No Other Warranties. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION, PACKAGING, OR OTHER COMMUNICATIONS. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING APPLICABLE LAW, DATABOUND AND ITS SUPPLIERS PROVIDE THE RELEVANT LEGISLATION)DELIVERABLES AS IS AND WITH ALL FAULTS, THE AND HEREBY DISCLAIM ALL OTHER WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICESAND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS AND REPRESENTATIONSOF MERCHANTABILITY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYOF RELIABILITY OR AVAILABILITY, INFORMATIONAL CONTENTOF ACCURACY OR COMPLETENESS OF RESPONSES, SYSTEMS INTEGRATIONOF RESULTS, NON-INFRINGEMENTOF WORKMANLIKE EFFORT, INTERFERENCE OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH ENJOYMENT REGARD TO THE DELIVERABLES, AND THE PROVISION OF OR OTHERWISE. NO WARRANTY IS MADE THAT FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE DELIVERABLES OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE WILL BE UNINTERRUPTEDDELIVERABLES. ALSO, ERROR FREETHERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. NON-INFRINGEMENT WITH REGARD TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINDELIVERABLES.

No Other Warranties. THIS LIMITED WARRANTY COMPRISES FORTRESS DECK’S ENTIRE WARRANTY AND FORTRESS DECK MAKES NO OTHER WARRANTIES (ORAL OR WRITTEN) AND DOES NOT AUTHORIZE ANY OTHER ENTITY, PERSON OR AGENT TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE MAKE ANY OTHER WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALSON ITS BEHALF, OR THE AGREEMENTTO MODIFY, AND ARE MADE EXPRESSLY IN LIEU OF EXPAND OR ADD TO THIS LIMITED WARRANTY. ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYNOT EFFECTIVELY DISCLAIMED OR PROHIBITED BY APPLICABLE LAW FROM BEING DISCLAIMED, INFORMATIONAL CONTENTARE LIMITED TO THE APPLICABLE STATUTE OF LIMITATIONS AND IN NO EVENT WILL EXTEND BEYOND THE APPLICABLE WARRANTY PERIOD. UNDER NO CIRCUMSTANCE SHALL FORTRESS DECK BE LIABLE FOR ANY CONSEQUENTIAL, SYSTEMS INTEGRATIONSPECIAL, NON-INFRINGEMENT, INTERFERENCE OR INCIDENTAL DAMAGES ARISING OUT OF OR CONNECTED WITH ENJOYMENT THE PURCHASE OR OTHERWISE. NO WARRANTY IS MADE THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTEDPRODUCT OR FOR ANY BREACH OF WARRANTY, ERROR FREE, AND FORTRESS DECK’S LIABILITY WITH RESPECT TO A PRODUCT DEFECT SHALL IN NO EVENT EXCEED THE REPLACEMENT OF SUCH PRODUCT OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION REFUND OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTSPURCHASE PRICE, AS DESCRIBED ABOVE. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDESome States (or Provinces) do not allow limitations on how long an implied warranty lasts and/or the exclusion or limitation of incidental or consequential damages, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION so the above limitations or exclusions may not apply to You. This warranty gives You specific legal rights, and You may also have other rights that vary from State to State (THE “RELEVANT LEGISLATION”or Province to Province), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAIN.

No Other Warranties. THE WARRANTY PROVIDED HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY WITH RESPECT TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, MWSTS PRODUCTS AND SUPERSEDES ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS ORAL OR WRITTEN, OF ANY TYPE RELATING TO MWSTS PRODUCTS. ANY PRODUCTS OF MWSTS NOT COVERED BY THIS WARRANTY ARE SOLD “AS IS,” WITHOUT WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND REPRESENTATIONSGREENFIELDS HEREBY DISCLAIMS THE SAME. THE REMEDY OF CREDIT TOWARD A REPLACEMENT MWSTS PRODUCT OF EQUIVALENT GRADE SET FORTH IN SECTION 2 OF THIS LIMITED WARRANTY IS THE SOLE OBLIGATION OF MWSTS, AND THE SOLE REMEDY OF PURCHASER, UNDER THE WARRANTY PROVIDED HEREIN. EXCEPT AS PROVIDED HEREIN, XXXXXXXXXXX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION WITH RESPECT TO ANY OF ITS PRODUCTS, EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT OR OTHERWISE. NO WARRANTY IS MADE THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION FITNESS OF ANY OF THE PROVISIONS PRODUCTS FOR ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND GREENFIELDS HEREBY DISCLAIMS THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SOSAME. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTUREMANUFACTURER’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAIN.LIMITED WARRANTY

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, PRODUCTS AND SERVICES ARE MADE EXPRESSLY IN LIEU PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND NI DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS EXPRESSED OR IMPLIED, WITH RESPECT TO ALL PRODUCTS AND SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-TITLE OR NON- INFRINGEMENT, INTERFERENCE WITH ENJOYMENT AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. NI DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO NI DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. 11. WARNING AND CUSTOMER INDEMNITY. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT PRODUCTS AND SERVICES ARE NOT DESIGNED, MANUFACTURED, OR TESTED FOR USE IN LIFE OR SAFETY CRITICAL SYSTEMS, HAZARDOUS ENVIRONMENTS OR ANY OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING IN THE OPERATION OF NUCLEAR FACILITIES; AIRCRAFT NAVIGATION; AIR TRAFFIC CONTROL SYSTEMS; LIFE SAVING OR LIFE SUSTAINING SYSTEMS OR SUCH OTHER MEDICAL DEVICES; OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE PRODUCT OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PROPERTY DAMAGE OR ENVIRONMENTAL HARM (COLLECTIVELY, "HIGH-RISK USES"). FURTHER, CUSTOMER MUST TAKE PRUDENT STEPS TO PROTECT AGAINST PRODUCT AND SERVICE FAILURES, INCLUDING PROVIDING BACK-UP AND SHUT-DOWN MECHANISMS. NI EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY IS MADE THAT OF FITNESS OF THE PRODUCTS OR SERVICES FOR HIGH- RISK USES. CUSTOMER SHALL DEFEND, INDEMNIFY, RELEASE AND HOLD NI HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, INCLUDING, LAWSUITS, ARBITRATIONS, AND/OR ADMINISTRATIVE ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF CUSTOMER’S USE OF THE SOFTWARE WILL BE UNINTERRUPTEDPRODUCTS AND SERVICES FOR ANY HIGH- RISK USES, ERROR FREEINCLUDING ARISING FROM CLAIMS FOR PRODUCT LIABILITY, PERSONAL INJURY (INCLUDING DEATH) OR THAT ANY ERRORS DAMAGE TO PROPERTY, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, PART UPON ALLEGED OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION ACTUAL NEGLIGENCE OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINNI.

No Other Warranties. TO OTHER THAN THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES LIMITED EQUIPMENT WARRANTY EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICESABOVE, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WE MAKE NO WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ON THE EQUIPMENT, USE OF THE EQUIPMENT, OR ON ANY SERVICE. THIS DISCLAIMER OF WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYTITLE, INFORMATIONAL NON- INFRINGEMENT, ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE EQUIPMENT OR ANY SERVICES WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT OR OTHERWISE. NO WARRANTY IS MADE THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREEDATA, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTEDINFORMATION, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTSFIRMWARE OR SOFTWARE IS ERROR FREE. CLIENT ACCEPTS RESPONSIBIILTY FOR ANY STATEMENTS AND DESCRIPTIONS CONCERNING THE EQUIPMENT OR SERVICES BY OOMA OR ITS DATA AGENTS OR REPRESENTATIVES ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. SOME STATES/COUNTRIES DO NOT ALLOW THE SELECTION EXCLUSION OF IMPLIED WARRANTIES, SO THE SOFTWARE ABOVE EXCLUSIONS MAY NOT APPLY TO ACHIEVE ITS INTENDED RESULTSYOU. NOTHING IN THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. NOT APPLY TO THE FULL EXTENT PERMITTED PROHIBITED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAIN.LAW 15 Limitations of Liability and Indemnification

No Other Warranties. YOU ACKNOLWEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION)APPLICABLE LAW, THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, TAIS AND ARE MADE EXPRESSLY IN LIEU OF ITS LICENSORS DISCLIAM ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING ANY INCLUIDNG, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER TAIS NOR ITS LICENSORS WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, MERCHANTABILITYOR THAT THE OPERATION OF THE SOFTARE WILL BE UNINTERRUPTED OR ERROR-FREE, INFORMATIONAL CONTENTOR THAT DEFECTS IN THE SOFTWARE AND RELATED DOCUMENTATION WILL BE CORRECTED, SYSTEMS INTEGRATIONFURTHERMORE, NON-INFRINGEMENTNEITHER TAIS NOR ITS LICENSORS WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, INTERFERENCE WITH ENJOYMENT ACCURACY, RELAIBLITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TAIS OR A TAIS WARRANTY IS MADE THAT USE OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE WILL BE UNINTERRUPTEDTAIS SOFTWRE PROVE DEFECTIVE, ERROR FREEYOU (AND NOT TAIS OR A TAIS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTSCORRECTION. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTSTHIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT YOU MAY HAVE OTHERS WHICH VARY FROM STATE OR TERRITORY LEGISLATION JURISDICTION TO STATE OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINJURISDICTION.

No Other Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING APPLICABLE LAW, MINDJET HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, OTHER THAN THOSE IDENTIFIED EXPRESSLY IN THE RELEVANT LEGISLATION)MINDJET PRODUCT TERMS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYOF ACCURACY, INFORMATIONAL CONTENTOF QUIET ENJOYMENT, SYSTEMS INTEGRATION, TITLE AND NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE MINDJET PRODUCTS WILL MEET YOUR REQUIREMENTS, INTERFERENCE WITH ENJOYMENT OR OTHERWISE. NO WARRANTY IS MADE THAT USE THE OPERATION OF THE SOFTWARE MINDJET PRODUCTS WILL BE UNINTERRUPTED, ERROR UNINTERRUPTED OR ERROR- FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE MINDJET PRODUCTS WILL BE CORRECTED. THE MINDJET PRODUCTS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR THAT OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION EXCLUSION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT IMPLIED WARRANTIES OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A RIGHT CONFERRED BY SUCH A PROVISIONCONSUMER, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE SO THE RELEVANT LEGISLATION WOULD RENDER IT VOID ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINYOU.

No Other Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION)APPLICABLE LAW, THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, APS AND ARE MADE EXPRESSLY IN LIEU OF ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, CONDITIONS TERMS, AND REPRESENTATIONSCONDITIONS, EITHER EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING ANY BUT NOT LIMITED TO, IMPLIED WARRANTIES WARRANTIES, TERMS, AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYTITLE, INFORMATIONAL CONTENTAND NONINFRINGEMENT WITH REGARD TO THE SOFTWARE, SYSTEMS INTEGRATIONITS SATISFACTORY QUALITY, NON-INFRINGEMENTAND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. TO THE EXTENT ALLOWED BY APPLICABLE LAW, INTERFERENCE IMPLIED WARRANTIES, TERMS AND CONDITIONS ON THE SOFTWARE ARE LIMITED TO ONE (1) YEAR. Y0U MAY HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. LIMIATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (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 OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF APS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS XXXX. IN NO EVENT SHALL APS’S TOTAL LIABILITY IN CONNECTION WITH ENJOYMENT THIS XXXX OR THE SOFTWARE, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. NO WARRANTY IS MADE THAT , EXCEED THE ACTUAL AMOUNT PAID TO APS FOR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, GIVING RISE TO THE CLAIM OR THAT ANY ERRORS ONE (1) MILLION DOLLARS WHICHEVER IS GREATER. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”)INCIDENTAL DAMAGES, THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID ABOVE LIMITATION MAY NOT APPLY TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINYOU.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE EXCEPT FOR THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE THIS AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU LICENSOR MAKES NO REPRESENTATION OR WARRANTY OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONSANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO THE NATURE, FITNESS, QUALITY, USED OR UTILITY OF THE LICENSED TECHNOLOGY, ASSOCIATED TECHNOLOGY, INCLUDING ANY IMPLIED SOFTWARE, OR INTELLECTUAL PROPERTY ASSOCIATED WITH THE ONGOING BUSINESS. WITHOUT LIMITING THE FOREGOING, AND EXCEPT FOR THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, USAGE OR SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE LICENSED TECHNOLOGY, MERCHANTABILITYASSOCIATED TECHNOLOGY, INFORMATIONAL CONTENTINCLUDING SOFTWARE, SYSTEMS INTEGRATIONOR INTELLECTUAL PROPERTY ASSOCIATED WITH THE ONGOING BUSINESS. ANY SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY DISLAIMED. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, NON-INFRINGEMENTTHE LICENSED TECHNOLOGY, INTERFERENCE ASSOCIATED TECHNOLOGY OR INTELLECTUAL PROPERTY ASSOCIATED WITH ENJOYMENT THE ONGOING BUSINESS ARE SOLD “AS IS” ON THE APPLICABLE CLOSING DATE, AND IN THEIR CONDITION ON THE CLOSING DATE “WITH ALL FAULTS.” WITHOUT LIMITING THE FOREGOING, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, NO MATERIAL OR OTHERWISE. NO WARRANTY IS MADE THAT USE INFORMATION PROVIDED BY OR COMMUNICATIONS BY LICENSOR OR ITS REPRESENTATIVES WILL CAUSE OR CREATE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, CONDITION, VALUE OR QUALITY OF THE SOFTWARE WILL BE UNINTERRUPTEDLICENSED TECHNOLOGY, ERROR FREE, ASSOCIATED TECHNOLOGY OR THAT ANY ERRORS OR DEFECTS IN INTELLECTUAL PROPERTY ASSOCIATED WITH THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINONGOING BUSINESS.

No Other Warranties. SUBJECT TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE ANY APPLICABLE WARRANTIES SET FORTH IN ANY ADDENDA TO THIS SECTION 6 AGREEMENT, EXCEPT AS OTHERWISE EXPRESSLY WARRANTED IN THIS AGREEMENT OR IN GSA CONTRACT NO. GS-35F-0131R, THE KZO APPLICATION AND ANY OTHER MATERIALS, SOFTWARE, DATA AND/OR SERVICES PROVIDED BY KZO ARE THE ONLY PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND KZO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES CONCERNING THE MAINTENANCE SERVICESOF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE ADDITIONAL OR MATERIALS, OR THE AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATIONNON- INFRINGEMENT, NON-INFRINGEMENTINTERFERENCE, INTERFERENCE WITH ENJOYMENT VALUE OR OTHERWISEACCURACY OF DATA, AS WELL AS ANY WARRANTIES OF THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY KZO ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. KZO DOES NOT WARRANT THAT USE OF THE SOFTWARE KZO APPLICATION OR ANY OTHER INFORMATION, MATERIALS, TECHNOLOGY OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, ERROR UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ALL ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED. CUSTOMER ACKNOWLEDGES THAT KZO’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF CUSTOMER ONLY. 8. LIMITATION OF LIABILITY LIMITATIONS. IN NO EVENT SHALL KZO BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF KZO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. THE CUMULATIVE LIABILITY OF KZO TO CUSTOMER FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR THAT STRICT LIABILITY, SHALL NOT EXCEED THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION GREATER OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAIN.I) FIVE THOUSAND DOLLARS (U.S. $5,000.00) OR

No Other Warranties. THE SOFTWARE IS PROVIDED AS-IS AND SAVE AS SET OUT IN CLAUSE 9 ABOVE ALL WARRANTIES, CONDITIONS OR OTHER TERMS CONCERNING THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE (INCLUDING THOSE RELATING TO SATISFACTORY QUALITY AND FITNESS FOR PURPOSES) ARE EXCLUDED TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT OR OTHERWISELAW. NO WARRANTY IS MADE YOU ACKNOWLEDGE THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL HAS NOT BEEN DEVELOPED TO MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY YOUR INDIVIDUAL REQUIREMENTS AND THEREFORE YOU ASSUME ALL RESPONSIBILITIES FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY AND FOR DETERMINING THAT THE APPLICATION OF ANY FACILITIES AND FUNCTIONS OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SOSOFTWARE MEET YOUR REQUIREMENTS. TO THE FULL MAXIMUM EXTENT PERMITTED BY THE RELEVANT LEGISLATIONLAW, ACCENTURE’S SOLE LIABILITY FOR A SDL (OR ANY OF ITS AFFILIATES) SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY GUARANTEELOSS, CONDITION INJURY, CLAIM LIABILITY OR WARRANTY IMPLIED BY VIRTUE DAMAGE OF ANY KIND OR ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT EVEN IF SUCH LOSSES AND/OR DAMAGES WERE FORESEEN, FORESEEABLE OR KNOWN, FOR: (A) LOSS OF, DAMAGE TO OR CORRUPTION OF THE RELEVANT LEGISLATION IS LIMITEDDATA, AT ACCENTURE’S OPTION(B) ECONOMIC LOSS, TO REPLACING (C) LOSS OF ACTUAL OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAIN.ANTICIPATED PROFITS, (D) LOSS OF BUSINESS REVENUE, (E) LOSS OF ANTICIPATED SAVINGS,

No Other Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION)APPLICABLE LAW, THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, TRIMBLE AND ARE MADE EXPRESSLY IN LIEU OF ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, CONDITIONS TERMS, AND REPRESENTATIONSCONDITIONS, EITHER EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING ANY BUT NOT LIMITED TO, IMPLIED WARRANTIES WARRANTIES, TERMS, AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYTITLE, INFORMATIONAL CONTENTAND NON- INFRINGEMENT WITH REGARD TO THE SOFTWARE, SYSTEMS INTEGRATIONITS SATISFACTORY QUALITY, NON-INFRINGEMENTAND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. YOU MAY HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. LIMITATION OF LIABILITY. YOU ASSUME THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERFERENCE IN NO EVENT SHALL TRIMBLE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF INFORMATION, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TRIMBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT. IN NO EVENT SHALL XXXXXXX’X TOTAL LIABILITY IN CONNECTION WITH ENJOYMENT THIS AGREEMENT OR THE SOFTWARE, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. NO WARRANTY IS MADE THAT , EXCEED THE ACTUAL AMOUNT PAID TO TRIMBLE FOR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, GIVING RISE TO THE CLAIM. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THAT ANY ERRORS LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”)INCIDENTAL DAMAGES, THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID ABOVE LIMITATION MAY NOT APPLY TO DO SOYOU. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINGoverning Law. This Agreement shall be governed by the laws of the State of California and applicable United States Federal law without reference to "conflict of laws" principles or provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

No Other Warranties. TO CRC ACCEPTS THE EXTENT PERMITTED BY LAW OXY OWNED SOFTWARE, OPERATIONS DOCUMENTATION, AND LICENSED PATENTS “AS IS” AND “WITH ALL FAULTS” (INCLUDING WHETHER DETECTABLE OR NOT). OPC ACCEPTS THE RELEVANT LEGISLATIONCRC DATA AND DOCUMENTATION “AS IS” AND “WITH ALL FAULTS” (WHETHER DETECTABLE OR NOT), THE WARRANTIES . EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE LICENSE AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONSNEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR DESCRIPTION WITH RESPECT TO THE OXY OWNED SOFTWARE, OPERATIONS DOCUMENTATION, LICENSED PATENTS, OR CRC DATA AND DOCUMENTATION, INCLUDING ANY IMPLIED WARRANTIES OF WARRANTY REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYTITLE, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, OR NON-INFRINGEMENT, INTERFERENCE INCLUDING ANY NON-INFRINGEMENT BASED ON THE POSSESSION, USE, OR OTHER EXPLOITATION OF THE OXY OWNED SOFTWARE, OPERATIONS DOCUMENTATION, LICENSED PATENTS, OR CRC DATA AND DOCUMENTATION. IN ADDITION, (A) NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR DESCRIPTION WITH ENJOYMENT RESPECT TO THE QUALITY, ACCURACY, VALUE OR OTHERWISE. USEFULNESS OF THE OXY OWNED SOFTWARE, OPERATIONS DOCUMENTATION, LICENSED PATENTS, OR THE CRC DATA AND DOCUMENTATION, AND (B) OPC MAKES NO REPRESENTATION OR WARRANTY IS MADE THAT CRC’S USE OF THE OXY OWNED SOFTWARE WILL BE UNINTERRUPTED, ERROR UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION ALL OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINFOREGOING WARRANTIES ARE HEREBY DISCLAIMED.

No Other Warranties. TO THE FULLEST EXTENT PERMITTED PROVIDED BY LAW (INCLUDING THE RELEVANT LEGISLATION)LAW, THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU OF ALL SELLER MAKES NO OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ANY WARRANTIES REGARDING CONSUMER PRODUCTS AS DEFINED IN THE XXXXXXXXX-XXXX WARRANTY ACT OR THE UNIFORM COMMERCIAL CODE, MERCHANTABILITYWITH RESPECT TO THE BUILDING, INFORMATIONAL CONTENTTHE UNIT, SYSTEMS INTEGRATIONCOMMON ELEMENTS, NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT OR OTHERWISE. NO WARRANTY IS MADE THAT USE ANY OTHER PART OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION CONDOMINIUM (THE “RELEVANT LEGISLATIONPROPERTY”)) OTHER THAN THOSE EXPRESSLY DESCRIBED IN THIS SECTION 8. PURCHASER ACCEPTS THE PROPERTY IN ITS AS IS CONDITION AT CLOSING, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND EXCEPT FOR THE EXERCISE EXPRESS WARRANTY OF A RIGHT CONFERRED BY SUCH A PROVISIONTHIS SECTION, IF ANY. WITHOUT LIMITATION TO THE FOREGOING, AND EXCEPT FOR THE EXPRESS WARRANTY OF THIS SECTION 8, SELLER MAKES NO REPRESENTATION OR WARRANTY REGARDING (I) COMPLIANCE WITH APPLICABLE BUILDING CODES, (II) ACOUSTICS, CONSISTENCY OF FLOOR SLOPE, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEESOUND TRANSFERENCE WITHIN THE CONDOMINIUM, CONDITION (III) LIGHT, AIR OR WARRANTY IMPLIED BY SUCH A PROVISIONVIEW, WHERE OR (IV) THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY ABILITY OF THE RELEVANT LEGISLATION IS LIMITEDBUILDING ENVELOPE OR ANY COMPONENTS OF THE CONDOMINIUM TO WITHSTAND WATER INTRUSION. Seller shall not be responsible for damage to the Unit, AT ACCENTURE’S OPTIONCommon Elements, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAIN.or the Condominium (i) caused by normal wear and tear; (ii) caused by Purchaser, the Association, or other parties, whether by misuse, abuse, failure to properly maintain the Unit and Common Elements, or otherwise;

No Other Warranties. TO EXCEPT FOR THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE EXPRESSED WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, HEREIN Vaisala AND ARE MADE EXPRESSLY IN LIEU OF ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, CONDITIONS AND PROMISES OR REPRESENTATIONS, EXPRESS EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, MERCHANTABILITYWITH RESPECT TO THE SOFTWARE OR EQUIPMENT, INFORMATIONAL CONTENTCOMPONENTS, SYSTEMS INTEGRATIONANY LOST DATA OR DOCUMENTATION, NON-INFRINGEMENTSOFTWARE PRODUCED DATA, INTERFERENCE WITH ENJOYMENT ANY SERVICES OR OTHERWISETECHNICAL ASSISTANCE OR ANY OTHER ITEM DELIVERED BY Vaisala. NO WARRANTY IS MADE THAT LIABILITY FOR DAMAGES. Vaisala AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR AND YOU ASSUME RESPONSIBILITY FOR ALL PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE OF THE SOFTWARE. IN NO EVENT SHALL Vaisala, ITS OFFICERS, AGENTS, EMPLOYEES OR SUPPLIERS BE LIABLE TO ANY PERSON OR ENTITY FOR THE LOSS OF PROFITS OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SOFTWARE WILL BE UNINTERRUPTEDOR THE PERFORMANCE OF THE SOFTWARE, ERROR FREEEVEN IF Vaisala OR ITS OFFICERS, AGENTS, EMPLOYEES, OR THAT ANY ERRORS OR DEFECTS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF Vaisala AND ITS SUPPLIERS EXCEED THE LICENSE FEE PAID FOR THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. GIVING RISE TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATIONCLAIM. U.S. GOVERNMENT RESTRICTED RIGHTS Distribution and use of the SOFTWARE and derivative works thereof to and by the United States Government will be subject to the RESTRICTED RIGHTS as set forth in subpargraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013. Any SOFTWARE described or referenced in this License is commercial computer software programs developed at private expense. Use, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINduplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-19 (c)(2) where applicable or the applicable provisions of the DoD FAR supplement 252.227-7013 subdivision (a)(15) or (a)(17).

No Other Warranties. TO EXCEPT FOR THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS SECTION 6 SECTIONS 8.1 AND 8.3, THE SERVICES ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENTPROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS AND OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS, EXPRESS WARRANTIES, CONDITIONS OR IMPLIEDGUARANTEES OF OR RELATING TO ACCURACY, INCLUDING ANY IMPLIED WARRANTIES OF CAPACITY, COMPLETENESS, DELAYS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, ABSENCE OF NEGLIGENCE, VIRUSES OR OTHER HARMFUL COMPONENT, ERRORS OR INTERRUPTED SERVICE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT PERFORMANCE, RESULTS, QUALITY, TIMELINESS, TITLE OR OTHERWISEWORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY DISCLAIMED BY KnowBe4 TO THE FULLEST EXTENT PERMITTED BY LAW. NO WARRANTY IS MADE THAT USE WITHOUT LIMITING THE GENERALITY OF THE SOFTWARE FOREGOING, KNOWBE4 DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICES WILL MEET THE NEEDS OF RESELLER, ANY CUSTOMER OR USER OR BE FREE FROM ERRORS OR THAT SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAIN.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICESAGREEMENT, ANY SOFTWARE OR MATERIALSNO REPRESENTATION, WARRANTY, GUARANTEE, OR THE AGREEMENTCONDITIONS, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, IS MADE BY NI (OR ITS LICENSORS OR SUPPLIERS) WITH RESPECT TO THE APPLICATION OR USE OF THE APPLICATION. NI DOES NOT MAKE ANY WARRANTY, GUARANTEE, CONDITION, OR REPRESENTATION HEREUNDER WITH RESPECT TO ANY THIRD PARTY SOFTWARE, SOURCE CODE, OR SOFTWARE SERVICES, OR THAT THE APPLICATION, THE OPERATION OF THE APPLICATION, OR ANY RELATED SOFTWARE SERVICES, SOURCE CODE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, OR REGARDING THE CORRECTNESS, ACCURACY, RELIABILITY, OR OTHER PERFORMANCE OF THE APPLICATION. THERE ARE NO OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. NI DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYQUIET POSSESSION, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT OR OTHERWISE. NO WARRANTY IS MADE THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE RELATING TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF AND ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”)RELATED THIRD PARTY SOFTWARE, THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISIONSOURCE CODE, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINAND SOFTWARE SERVICES.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, PRODUCTS AND SERVICES ARE MADE EXPRESSLY IN LIEU PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND NI AND NIJ DISCLAIM ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS EXPRESSED OR IMPLIED, WITH RESPECT TO ALL PRODUCTS AND SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. NEITHER NI NOR NIJ WARRANTS, GUARANTEES, OR MAKES ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO NEITHER NI NOR NIJ WARRANTS THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. 11. WARNING AND CUSTOMER INDEMNITY. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT PRODUCTS AND SERVICES ARE NOT DESIGNED, MANUFACTURED, OR TESTED FOR USE IN LIFE OR SAFETY CRITICAL SYSTEMS, HAZARDOUS ENVIRONMENTS OR ANY OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING IN THE OPERATION OF NUCLEAR FACILITIES; AIRCRAFT NAVIGATION; AIR TRAFFIC CONTROL SYSTEMS; LIFE SAVING OR LIFE SUSTAINING SYSTEMS OR SUCH OTHER MEDICAL DEVICES; OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE PRODUCT OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PROPERTY DAMAGE OR ENVIRONMENTAL HARM (COLLECTIVELY, "HIGH-RISK USES"). FURTHER, CUSTOMER MUST TAKE PRUDENT STEPS TO PROTECT AGAINST PRODUCT AND SERVICE FAILURES, INCLUDING PROVIDING BACK-UP AND SHUT-DOWN MECHANISMS. NI AND NIJ EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY IS MADE THAT OF FITNESS OF THE PRODUCTS OR SERVICES FOR HIGH-RISK USES. CUSTOMER SHALL DEFEND, INDEMNIFY, RELEASE AND HOLD NI AND NIJ HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, INCLUDING, LAWSUITS, ARBITRATIONS, AND/OR ADMINISTRATIVE ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF CUSTOMER’S USE OF THE SOFTWARE WILL BE UNINTERRUPTEDPRODUCTS AND SERVICES FOR ANY HIGH-RISK USES, ERROR FREEINCLUDING A R I S I NG F R O M CLAIMS FOR PRODUCT LIABILITY, PERSONAL INJURY (INCLUDING DEATH) OR THAT ANY ERRORS DAMAGE TO PROPERTY, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, PART UPON ALLEGED OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION ACTUAL NEGLIGENCE OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT NI OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINNIJ.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, PRODUCTS AND SERVICES ARE MADE EXPRESSLY IN LIEU PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND NHR DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS EXPRESSED OR IMPLIED, WITH RESPECT TO ALL PRODUCTS AND SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-TITLE OR NON- INFRINGEMENT, INTERFERENCE WITH ENJOYMENT AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. NHR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USEOF OR THE RESULTS OF THE USE OF THE PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO NHR DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. 11. WARNING AND CUSTOMER INDEMNITY. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT PRODUCTS AND SERVICES ARE NOT DESIGNED, MANUFACTURED, OR TESTED FOR USE IN LIFE OR SAFETY CRITICAL SYSTEMS, HAZARDOUS ENVIRONMENTS OR ANY OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING IN THE OPERATION OF NUCLEAR FACILITIES; AIRCRAFT NAVIGATION; AIR TRAFFIC CONTROL SYSTEMS; LIFE SAVING OR LIFE SUSTAINING SYSTEMS OR SUCH OTHER MEDICAL DEVICES; OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE PRODUCT OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PROPERTY DAMAGE OR ENVIRONMENTAL HARM (COLLECTIVELY, "HIGH-RISK USES"). FURTHER, CUSTOMER MUST TAKE PRUDENT STEPS TO PROTECT AGAINST PRODUCT AND SERVICE FAILURES, INCLUDING PROVIDING BACK-UP AND SHUT-DOWN MECHANISMS. NHR EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY IS MADE THAT OF FITNESS OF THE PRODUCTS OR SERVICES FOR HIGH- RISK USES. CUSTOMER SHALL DEFEND, INDEMNIFY, RELEASE AND HOLD NHR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, INCLUDING, LAWSUITS, ARBITRATIONS, AND/OR ADMINISTRATIVE ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF CUSTOMER’S USE OF THE SOFTWARE WILL BE UNINTERRUPTEDPRODUCTS AND SERVICES FOR ANY HIGH- RISK USES, ERROR FREEINCLUDING ARISING FROM CLAIMS FOR PRODUCT LIABILITY, PERSONAL INJURY (INCLUDING DEATH) OR THAT ANY ERRORS DAMAGE TO PROPERTY, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, PART UPON ALLEGED OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION ACTUAL NEGLIGENCE OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINNHR.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, PRODUCTS AND SERVICES ARE MADE EXPRESSLY IN LIEU PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW NI DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS EXPRESSED OR IMPLIED, WITH RESPECT TO ALL PRODUCTS AND SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. NI DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO NI DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. 11. WARNING AND CUSTOMER INDEMNITY. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT PRODUCTS AND SERVICES ARE NOT DESIGNED, MANUFACTURED, OR TESTED FOR USE IN LIFE OR SAFETY CRITICAL SYSTEMS, HAZARDOUS ENVIRONMENTS OR ANY OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING IN THE OPERATION OF NUCLEAR FACILITIES; AIRCRAFT NAVIGATION; AIR TRAFFIC CONTROL SYSTEMS; LIFE SAVING OR LIFE SUSTAINING SYSTEMS OR SUCH OTHER MEDICAL DEVICES; OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE PRODUCT OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PROPERTY DAMAGE OR ENVIRONMENTAL HARM (COLLECTIVELY, "HIGH-RISK USES"). FURTHER, CUSTOMER MUST TAKE PRUDENT STEPS TO PROTECT AGAINST PRODUCT AND SERVICE FAILURES, INCLUDING PROVIDING BACK-UP AND SHUT-DOWN MECHANISMS. NI EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY IS MADE THAT OF FITNESS OF THE PRODUCTS OR SERVICES FOR HIGH- RISK USES. CUSTOMER SHALL DEFEND, INDEMNIFY, RELEASE AND HOLD NI HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, INCLUDING, LAWSUITS, ARBITRATIONS, AND/OR ADMINISTRATIVE ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF CUSTOMER’S USE OF THE SOFTWARE WILL BE UNINTERRUPTEDPRODUCTS AND SERVICES FOR ANY HIGH-RISK USES, ERROR FREEINCLUDING ARISING FROM CLAIMS FOR PRODUCT LIABILITY, PERSONAL INJURY (INCLUDING DEATH) OR THAT ANY ERRORS DAMAGE TO PROPERTY, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, PART UPON ALLEGED OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION ACTUAL NEGLIGENCE OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINNI.

No Other Warranties. NEITHER BUILDER NOR ANY OF BUILDER'S AFFILIATES MAKE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER STATE LAW OR THE XXXXXXXX-XXXX WARRANTY ACT, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY, HABITABILITY OR WORKMANSHIP. PURCHASER SPECIFICALLY ACKNOWLEDGES OUR DISCLAIMER OF IMPLIED WARRANTIES AND PURCHASER WAIVES ANY OTHER WARRANTIES NOT EXPRESSLY STATED IN THIS WARRANTY AGREEMENT. THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES RIGHTS AND REMEDIES SET FORTH IN THIS SECTION 6 HEREIN ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, EXCLUSIVE AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS REMEDIES, RIGHTS, AND REPRESENTATIONSCONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WHICH MAY BE ASSERTED AFTER SUBSTANTIAL COMPLETION AND TRANSFER, AND YOUR RIGHTS UNDER THE WARRANTY AGREEMENT ARE YOUR SOLE AND EXCLUSIVE RIGHTS AND REMEDIES AGAINST BUILDER AND BUILDER'S AFFILIATES WHICH MAY BE ASSERTED AFTER SUBSTANTIAL COMPLETION AND TRANSFER WITH RESPECT TO OR RELATING TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSECONSTRUCTION OR DESIGN DEFECT OR CONDITION, MERCHANTABILITYWHETHER ATTRIBUTABLE TO WORKMANSHIP, INFORMATIONAL CONTENTMATERIALS, SYSTEMS INTEGRATIONDESIGN, NON-INFRINGEMENTENGINEERING OR ANY OTHER ITEM OR THING; AND PURCHASER HEREBY WAIVES ANY OTHER RIGHTS, INTERFERENCE WITH ENJOYMENT OR OTHERWISE. NO WARRANTY IS MADE THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTEDREMEDIES, ERROR FREECLAIMS, OR THAT CAUSES OF ACTION WHICH MAY BE ASSERTED AFTER SUBSTANTIAL COMPLETION AND TRANSFER WITH RESPECT TO OR RELATING TO ANY ERRORS CONSTRUCTION OR DEFECTS IN THE SOFTWARE WILL BE CORRECTEDDESIGN DEFECT OR CONDITION, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE WHETHER ATTRIBUTABLE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDEWORKMANSHIP, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 MATERIALS, DESIGN, ENGINEERING OR ANY EQUIVALENT STATE OTHER ITEM OR TERRITORY LEGISLATION THING, WHETHER GROUNDED IN OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”)BASED UPON WARRANTY, THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISIONCONTRACT, TORT, NEGLIGENCE, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OTHER LEGAL BASIS OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINTHEORY.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, PRODUCTS AND SERVICES ARE MADE EXPRESSLY IN LIEU PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND TECH180 DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS EXPRESSED OR IMPLIED, WITH RESPECT TO ALL PRODUCTS AND SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-TITLE OR NON- INFRINGEMENT, INTERFERENCE WITH ENJOYMENT AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. TECH180 DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS DERIVED FROM THE USE OF THE PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO TECH180 DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. 10. WARNING AND CUSTOMER INDEMNITY. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT PRODUCTS AND SERVICES ARE NOT DESIGNED, MANUFACTURED, OR TESTED FOR USE IN LIFE OR SAFETY CRITICAL SYSTEMS, HAZARDOUS ENVIRONMENTS OR ANY OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING IN THE OPERATION OF NUCLEAR FACILITIES; AIRCRAFT NAVIGATION; AIR TRAFFIC CONTROL SYSTEMS; LIFE SAVING OR LIFE SUSTAINING SYSTEMS OR SUCH OTHER MEDICAL DEVICES; OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE PRODUCT OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PROPERTY DAMAGE OR ENVIRONMENTAL HARM (COLLECTIVELY, "HIGH-RISK USES"). FURTHER, CUSTOMER MUST TAKE PRUDENT STEPS TO PROTECT AGAINST PRODUCT AND SERVICE FAILURES, INCLUDING PROVIDING BACK-UP AND SHUT- DOWN MECHANISMS. TECH180 EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY IS MADE THAT OF FITNESS OF THE PRODUCTS OR SERVICES FOR HIGH-RISK USES. CUSTOMER SHALL DEFEND, INDEMNIFY, RELEASE AND HOLD TECH180 HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, INCLUDING, LAWSUITS, ARBITRATIONS, AND/OR ADMINISTRATIVE ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF CUSTOMER’S USE OF THE SOFTWARE WILL BE UNINTERRUPTEDPRODUCTS AND SERVICES FOR ANY HIGH-RISK USES, ERROR FREEINCLUDING ARISING FROM CLAIMS FOR PRODUCT LIABILITY, PERSONAL INJURY (INCLUDING DEATH) OR THAT ANY ERRORS DAMAGE TO PROPERTY, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, PART UPON ALLEGED OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION ACTUAL NEGLIGENCE OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINTECH180.

No Other Warranties. NOTWITHSTANDING THE ABOVEMENTIONED WARRANTY FOR DEVICES SPECIFIED IN SECTION 5.1 ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION)PERMISSIBLE UNDER APPLICABLE LAW, THE WARRANTIES SET FORTH IN THIS SECTION 6 TRANSX SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICESENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. TRANSX, TRANSX’S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY SOFTWARE AND ALL EXPRESS, IMPLIED OR MATERIALS, OR THE AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER STATUTORY WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYNONINFRINGEMENT OF THIRD PARTY RIGHTS, INFORMATIONAL CONTENTAND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, SYSTEMS INTEGRATIONUSAGE, NON-INFRINGEMENTOR TRADE PRACTICE. TRANSX, TRANSX’S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OR OTHERWISE. NO WARRANTY IS MADE THAT USE OF THE SOFTWARE SOFTWARE; THAT THE TRANSX SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE TRANSX SERVICES WILL BE UNINTERRUPTED, ERROR UNINTERRUPTED OR ERROR-FREE, OR THAT THE TRANSX SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER TRANSX SERVICES OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE TRANSX SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY TRANSX, TRANSX’S LICENSORS AND CHANNEL PARTNERS OR THAT ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE SELECTION LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULL FULLEST EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING LAW IN THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINJURISDICTION.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES EXCEPT AS SET FORTH ABOVE IN THIS SECTION 6 12, THE PRODUCTS ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICESPROVIDED “AS IS” AND NEURONETICS HEREBY DISCLAIMS ALL WARRANTIES, ANY SOFTWARE WHETHER EXPRESS, IMPLIED, STATUTORY OR MATERIALS, OR THE AGREEMENTOTHER, AND ARE MADE EXPRESSLY IN LIEU OF NEURONETICS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, TITLE AND NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR OTHERWISETRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, NEURONETICS MAKES NO WARRANTY IS MADE OF ANY KIND THAT THE PRODUCTS OR RESULTS OF THE USE THEREOF WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE ELIGIBLE FOR REIMBURSEMENT BY INSURANCE COMPANIES AND OTHER THIRD PARTY PAYORS, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, AVAILABLE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. CUSTOMER ACKNOWLEDGES THAT NEURONETICS DOES NOT CONTROL THE TRANSFER OF DATA OVER THE INTERNET, AND THAT TRAKSTAR INTERNET CAPABILITY AND OTHER COMPONENTS OF THE SYSTEM WILL BE SUBJECT TO LIMITATIONS INHERENT IN THE USE OF THE SOFTWARE WILL INTERNET. NEURONETICS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM SUCH INTERNET PROBLEMS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE UNINTERRUPTED, ERROR FREE, EXCLUDED OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE LIMITED UNDER APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINLAW.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES WARRANTY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, AND ARE MADE EXPRESSLY PARAGRAPH 7.1 IS IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES. EXCEPT FOR THE WARRANTY SET FORTH IN PARAGRAPH 7.1, THE SOFTWARE, DOCUMENTATION AND SERVICES ARE PROVIDED “AS IS AND WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, EXPRESS WARRANTIES, CONDITIONS OR IMPLIEDGUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY IMPLIED WARRANTIES REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO DURABILITY; FITNESS FOR A PARTICULAR PURPOSE, ; MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT ; NON‐INFRINGEMENT; PERFORMANCE; QUALITY; RESULTS; SUITABILITY; TIMELINESS; TITLE; OR OTHERWISEWORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY DISCLAIMED BY TENDIGITS TO THE FULLEST EXTENT PERMITTED BY LAW. NO WARRANTY CUSTOMER IS MADE THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY SOLELY RESPONSIBLE AND LIABLE FOR ITS DATA AND THE SELECTION OF THE SOFTWARE SOFTWARE, DOCUMENTATION AND SERVICES TO ACHIEVE ITS CUSTOMER’S INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDECUSTOMER USES THE SOFTWARE, RESTRICT OR MODIFY DOCUMENTATION AND SERVICES AT CUSTOMER’S OWN RISK, AND IS SOLELY RESPONSIBLE AND LIABLE FOR ENSURING THE APPLICATION ACCURACY OF ANY ALL INPUT DATA, AND VERIFYING ALL DATA AND RESULTS FROM THE USE OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINSOFTWARE.

No Other Warranties. TO EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION)APPLICABLE SERVICES AGREEMENT WITH EACH CUSTOMER, THE WARRANTIES SET FORTH IN THIS SECTION 6 SERVICES ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENTPROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS AND OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS, EXPRESS WARRANTIES, CONDITIONS OR IMPLIEDGUARANTEES OF OR RELATING TO ACCURACY, INCLUDING ANY IMPLIED WARRANTIES OF CAPACITY, COMPLETENESS, DELAYS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, ABSENCE OF NEGLIGENCE, VIRUSES OR OTHER HARMFUL COMPONENT, ERRORS OR INTERRUPTED SERVICE, MERCHANTABILITY, INFORMATIONAL CONTENTNON­INFRINGEMENT, SYSTEMS INTEGRATIONPERFORMANCE, NON-INFRINGEMENTRESULTS, INTERFERENCE WITH ENJOYMENT QUALITY, TIMELINESS, TITLE OR OTHERWISEWORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY DISCLAIMED BY SITEWIT TO THE FULLEST EXTENT PERMITTED BY LAW. NO WARRANTY IS MADE THAT USE WITHOUT LIMITING THE GENERALITY OF THE SOFTWARE FOREGOING, SITEWIT DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICES WILL MEET THE NEEDS OF MARKETING PARTNER, ANY CUSTOMER OR USER OR BE FREE FROM ERRORS OR THAT SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAIN.

No Other Warranties. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY AND USE OF THE SERVICES THAT COULD RESULT IN THE LOSS OF CUSTOMER PRIVACY, CONFIDENTIAL INFORMATION, DATA AND PROPERTY. COMPANY DOES NOT AND CANNOT CONTROL THE FLOW OF INFORMATION TO OR FROM COMPANY’S NETWORK AND OTHER PORTIONS OF THE EXTENT PERMITTED BY LAW INTERNET. COMPANY HAS NO OBLIGATION TO PROVIDE SECURITY OR PROTECTION FOR CUSTOMER’S PRIVACY, CONFIDENTIAL INFORMATION, OR DATA OTHER THAN AS SPECIFICALLY STATED IN THIS AGREEMENT. EXCEPT FOR THE EXPRESS WARRANTIES SET OUT IN SECTION 5(b) (INCLUDING THE RELEVANT LEGISLATIONCOMPANY WARRANTIES), THE WARRANTIES SET FORTH IN THIS SECTION 6 DATA CENTER, EQUIPMENT AND SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WITH ALL FAULTS” BASIS, AND CUSTOMER’S USE OF THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICESDATA CENTER, EQUIPMENT AND SERVICES IS AT ITS OWN RISK. COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENTINFRINGEMENT AND TITLE, INTERFERENCE WITH ENJOYMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR OTHERWISETRADE PRACTICE. NO WARRANTY IS MADE COMPANY DOES NOT WARRANT THAT USE OF THE SOFTWARE SERVICES WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED, ERROR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS IN COMPLETELY SECURE. CUSTOMER IS SOLELY RESPONSIBLE FOR THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION SUITABILITY OF THE SERVICES CHOSEN. NEITHER PARTY SHALL MAKE ANY REPRESENTATIONS OR WARRANTIES ON THE OTHER PARTY’S BEHALF. COMPANY MAKES NO WARRANTY CONCERNING COMPATIBILITY OF SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 EQUIPMENT OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS RESULTS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINBE ACHIEVED THEREFROM.

No Other Warranties. EXCEPT AS SET FORTH HEREIN, THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. CUSTOMER ASSUMES ALL RESPONSIBILITIES FOR SELECTION OF THE PRODUCTS TO ACHIEVE ITS INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED. GIGAMON MAKES NO REPRESENTATIONS AND UNDERTAKES NO INDEMNIFICATION OBLIGATIONS REGARDING, ARISING FROM, OR RELATED TO THE LEGALITY OF MONITORING OF NETWORKS OR INFORMATION IN A PARTICULAR JURISDICTION, AND CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THAT CUSTOMER’S PROPOSED OR ACTUAL USE OF THE PRODUCTS COMPLIES WITH APPLICABLE LAWS. CUSTOMER ACKNOWLEDGES AND AGREES THAT GIGAMON WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: (A) THE USE OF THE PRODUCTS BY CUSTOMER OR THIRD PARTIES; (B) SECURITY BREACHES; (C) EAVESDROPPING, INTERCEPTION, FAILURE OF DELIVERY OR LOSS OF DATA SENT, STORED, OR RECEIVED USING THE PRODUCTS; OR (D) ANY CERTIFIED WHITE BOX HARDWARE. THESE LIMITATIONS APPLY EVEN IF GIGAMON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING APPLICABLE LAW, GIGAMON AND ITS LICENSORS DISCLAIM ALL WARRANTIES RELATING TO THE RELEVANT LEGISLATION)PRODUCTS, THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, TITLE, NONINFRINGEMENT, NON- INTERFERENCE WITH THE ENJOYMENT OF THE HARDWARE, AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT OR OTHERWISE. NO WARRANTY IS MADE THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAIN.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, PRODUCTS AND SERVICES ARE MADE EXPRESSLY IN LIEU PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND NI DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS EXPRESSED OR IMPLIED, WITH RESPECT TO ALL PRODUCTS AND SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. NI DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO NI DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. 11. WARNING AND CUSTOMER INDEMNITY. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT PRODUCTS AND SERVICES ARE NOT DESIGNED, MANUFACTURED, OR TESTED FOR USE IN LIFE OR SAFETY CRITICAL SYSTEMS, HAZARDOUS ENVIRONMENTS OR ANY OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING IN THE OPERATION OF NUCLEAR FACILITIES; AIRCRAFT NAVIGATION; AIR TRAFFIC CONTROL SYSTEMS; LIFE SAVING OR LIFE SUSTAINING SYSTEMS OR SUCH OTHER MEDICAL DEVICES; OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE PRODUCT OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PROPERTY DAMAGE OR ENVIRONMENTAL HARM (COLLECTIVELY, "HIGH-RISK USES"). FURTHER, CUSTOMER MUST TAKE PRUDENT STEPS TO PROTECT AGAINST PRODUCT AND SERVICE FAILURES, INCLUDING PROVIDING BACK-UP AND SHUT- DOWN MECHANISMS. NI EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY IS MADE THAT OF FITNESS OF THE PRODUCTS OR SERVICES FOR HIGH-RISK USES. CUSTOMER SHALL DEFEND, INDEMNIFY, RELEASE AND HOLD NI HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, INCLUDING, LAWSUITS, ARBITRATIONS, AND/OR ADMINISTRATIVE ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF CUSTOMER’S USE OF THE SOFTWARE WILL BE UNINTERRUPTEDPRODUCTS AND SERVICES FOR ANY HIGH-RISK USES, ERROR FREEINCLUDING ARISING FROM CLAIMS FOR PRODUCT LIABILITY, PERSONAL INJURY (INCLUDING DEATH) OR THAT ANY ERRORS DAMAGE TO PROPERTY, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, PART UPON ALLEGED OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION ACTUAL NEGLIGENCE OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINNI.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIESNO REPRESENTATION, WARRANTY, GUARANTEE OR CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, IS MADE BY NI (OR ITS LICENSORS OR SUPPLIERS) WITH RESPECT TO THE SOFTWARE OR USE OF THE SOFTWARE. NI DOES NOT MAKE ANY WARRANTY GUARANTEE, CONDITIONS OR REPRESENTATION HEREUNDER WITH RESPECT TO ANY THIRD PARTY SOFTWARE, SOURCE CODE, OR SOFTWARE SERVICES. NI DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION THAT THE SOFTWARE, THE OPERATION OF THE SOFTWARE, OR ANY RELATED SOFTWARE SERVICES, SOURCE CODE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE AND DOES NOT WARRANTY, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THERE ARE NO OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. NI DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, QUIET POSSESSION AND NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT OR OTHERWISE. NO WARRANTY IS MADE THAT USE OF RELATING TO THE SOFTWARE WILL BE UNINTERRUPTEDAND ANY RELATED THIRD PARTY SOFTWARE, ERROR FREESOURCE CODE, OR THAT ANY ERRORS OR DEFECTS IN THE AND SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINSERVICES.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), OTHER THAN THE WARRANTIES SET FORTH IN THIS SECTION 6 AGREEMENT AND ANY OTHER THIRD PARTY MANUFACTURER WARRANTY (if any), NO OTHER WARRANTIES ARE PROVIDED FOR THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, SOFTWARE AND HARDWARE. ITW SHALL NOT HAVE ANY SOFTWARE OR MATERIALSLIABILITY, OR HAVE ANY OBLIGATION TO PROVIDE WARRANTY COVERAGE, FOR ANY THIRD PARTY HARDWARE OR SOFTWARE. ITW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE AGREEMENTINSTALLATION, AND ARE MADE EXPRESSLY IN LIEU USE OR PERFORMANCE OF THE SOFTWARE. ITW HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENT, INTERFERENCE AND ASSUMES NO RESPONSIBILITIES WHATEVER WITH ENJOYMENT OR OTHERWISE. NO WARRANTY IS MADE THAT RESPECT TO LICENSEE'S INSTALLATION AND USE OF THE SOFTWARE WILL OR THE PERFORMANCE OF THE SOFTWARE. IN NO EVENT SHALL ITW, INCLUDING ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, BE UNINTERRUPTEDRESPONSIBLE OR LIABLE TO LICENSEE OR ANY OTHER THIRD PARTY FOR ANY DIRECT, ERROR FREEINDIRECT, SPECIAL, INCIDENTAL, OR THAT ANY ERRORS CONSEQUENTIAL DAMAGES OR DEFECTS IN LOST PROFITS OR OTHER ECONOMIC LOSS OR DAMAGE WITH RESPECT TO THE SOFTWARE WILL BE CORRECTEDREGARDLESS OF LEGAL THEORY. THE ABOVE LIMITATIONS ON LIABILITY APPLY EVEN THOUGH ITW OR SUCH THIRD-PARTY LICENSOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION AGENTS MAY HAVE BEEN ADVISED OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION POSSIBILITY OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINDAMAGE.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES REMEDIES SET FORTH IN THIS SECTION 6 ARE EXCLUSIVE AND THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENTCUSTOMER’S SOLE REMEDIES, AND SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. EXCEPT AS EXPRESSLY SET FORTH IN THE CONTRACT, SYSTEMS AND SERVICES ARE MADE EXPRESSLY IN LIEU PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND NI DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS EXPRESSED OR IMPLIED, WITH RESPECT TO ALL SYSTEMS AND SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. SELLER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SYSTEMS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SELLER DOES NOT WARRANT THAT THE OPERATION OF THE SYSTEMS WILL BE UNINTERRUPTED OR ERROR FREE. NON-SET BRANDED PRODUCTS PROVIDED BY SELLER TO CUSTOMER ARE NOT TESTABLE OR REPAIRABLE BY SELLER, AND IT MAY BE NECESSARY FOR CUSTOMER TO CONTACT THE MANUFACTURER OR THE PUBLISHER FOR SERVICE OR ANY WARRANTY CLAIMS. SELLER DOES NOT WARRANT, HAS NO OBLIGATION TO SUPPORT, AND SHALL HAVE NO LIABILITY FOR NON-SET BRANDED PRODUCTS. THE LIMITED WARRANTY IS MADE THAT AND INTELLECTUAL PROPERTY LIABILITY SECTIONS OF THESE TERMS DO NOT APPLY TO THE SALE AND PURCHASE OF NON-SET BRANDED PRODUCTS. SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ALL NON-SET BRANDED PRODUCTS, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND CUSTOMER WAIVES, ON BEHALF OF ITSELF, ITS SUCCESSORS AND ASSIGNS, ALL CLAIMS OF NEGLIGENCE AND STRICT LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SELLER SHALL HAVE NO LIABILITY TO CUSTOMER OR ANYONE CLAIMING BY OR THROUGH CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES RESULTING FROM NON-SET BRANDED PRODUCTS PROVIDED BY SELLER TO CUSTOMER. SELLER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS DERIVED FROM THE USE OF THE SOFTWARE PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SELLER DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAIN.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES SET FORTH IN THIS SECTION 6 8 (Representations and Warranties) ARE THE ONLY WARRANTIES CONCERNING MADE BY COMPANY AND EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, THE MAINTENANCE MDP’S SERVICES, LICENSED WORKS, AND ANY SOFTWARE OR OTHER MATERIALS, THIRD PARTY SOFTWARE, DATA OR THE AGREEMENT, SERVICES ARE PROVIDED “AS IS” AND ARE MADE EXPRESSLY IN LIEU “WITH ALL FAULTS” AND COMPANY MAKES NO OTHER WARRANTIES OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONSANY KIND, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE SERVICES, LICENSED WORKS, OR ANY OTHER MATERIALS, SOFTWARE, DATA OR SERVICES, OR THE FITNESS OF THE SOFTWARE FOR CUSTOMER’S OR ITS AUTHORIZED USER’S USE. COMPANY HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR OTHERWISE. NO WARRANTY IS MADE COURSE OF PERFORMANCE OR TRADE USAGE, OR WARRANTIES THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREEDELIVERED FREE FROM DEFECTS OR ERRORS WHICH DO NOT MATERIALLY AFFECT PERFORMANCE, OR THAT ANY ALL DEFECTS OR ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION GIVEN BY COMPANY, ITS EMPLOYEES, LICENSORS OR THE LIKE WILL CREATE A WARRANTY. MDP’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MDP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO OTHER DAMAGE RESULTING FROM SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINPROBLEMS.

No Other Warranties. TO THE EXTENT PERMITTED BY LAW (INCLUDING THE RELEVANT LEGISLATION), THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICES, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, PRODUCTS AND SERVICES ARE MADE EXPRESSLY IN LIEU PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND DS DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. DS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO DS DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. 11. WARNING AND CUSTOMER INDEMNITY. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT PRODUCTS AND SERVICES ARE NOT DESIGNED, MANUFACTURED, OR TESTED FOR USE IN LIFE OR SAFETY CRITICAL SYSTEMS, HAZARDOUS ENVIRONMENTS OR ANY OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING IN THE OPERATION OF NUCLEAR FACILITIES; AIRCRAFT NAVIGATION; AIR TRAFFIC CONTROL SYSTEMS; LIFE SAVING OR LIFE SUSTAINING SYSTEMS OR SUCH OTHER MEDICAL DEVICES; OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE PRODUCT OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PROPERTY DAMAGE OR ENVIRONMENTAL HARM (COLLECTIVELY, "HIGH-RISK USES"). FURTHER, CUSTOMER MUST TAKE PRUDENT STEPS TO PROTECT AGAINST PRODUCT AND SERVICE FAILURES, INCLUDING PROVIDING BACK-UP AND SHUT- DOWN MECHANISMS. DS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY IS MADE THAT OF FITNESS OF THE PRODUCTS OR SERVICES FOR HIGH-RISK USES. CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD DS HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, INCLUDING, LAWSUITS, ARBITRATIONS, AND/OR ADMINISTRATIVE ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF CUSTOMER’S USE OF THE SOFTWARE WILL BE UNINTERRUPTEDPRODUCTS AND SERVICES FOR ANY HIGH-RISK USES, ERROR FREEINCLUDING CLAIMS FOR PRODUCT LIABILITY, PERSONAL INJURY (INCLUDING DEATH) OR THAT ANY ERRORS DAMAGE TO PROPERTY, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, PART UPON ALLEGED OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION ACTUAL NEGLIGENCE OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINDS.

No Other Warranties. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY AND USE OF THE SERVICES THAT COULD RESULT IN THE LOSS OF CUSTOMER PRIVACY, CONFIDENTIAL INFORMATION, DATA AND PROPERTY. COMPANY DOES NOT AND CANNOT CONTROL THE FLOW OF INFORMATION TO OR FROM COMPANY’S NETWORK AND OTHER PORTIONS OF THE EXTENT PERMITTED BY LAW INTERNET. COMPANY HAS NO OBLIGATION TO PROVIDE SECURITY OR PROTECTION FOR CUSTOMER’S PRIVACY, CONFIDENTIAL INFORMATION, OR DATA OTHER THAN AS SPECIFICALLY STATED IN THIS AGREEMENT. EXCEPT FOR THE EXPRESS WARRANTIES SET OUT IN SECTION 5(b) (INCLUDING THE RELEVANT LEGISLATIONCOMPANY WARRANTIES), THE WARRANTIES SET FORTH IN THIS SECTION 6 DATA CENTER, EQUIPMENT AND SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WITH ALL FAULTS” BASIS, AND CUSTOMER’S USE OF THE ONLY WARRANTIES CONCERNING THE MAINTENANCE SERVICESDATA CENTER, EQUIPMENT AND SERVICES IS AT ITS OWN RISK. COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY SOFTWARE OR MATERIALS, OR THE AGREEMENT, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENTINFRINGEMENT AND TITLE, INTERFERENCE WITH ENJOYMENT AND ANY WARRANTIES 599463 v5 ARISING FROM A COURSE OF DEALING, USAGE, OR OTHERWISETRADE PRACTICE. NO WARRANTY IS MADE COMPANY DOES NOT WARRANT THAT USE OF THE SOFTWARE SERVICES WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED, ERROR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS IN COMPLETELY SECURE. CUSTOMER IS SOLELY RESPONSIBLE FOR THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’S FUNCTIONALITY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS RESPONSIBIILTY FOR ITS DATA AND THE SELECTION SUITABILITY OF THE SERVICES CHOSEN. NEITHER PARTY SHALL MAKE ANY REPRESENTATIONS OR WARRANTIES ON THE OTHER PARTY’S BEHALF. COMPANY MAKES NO WARRANTY CONCERNING COMPATIBILITY OF SOFTWARE TO ACHIEVE ITS INTENDED RESULTS. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE AUSTRALIAN CONSUMER LAW CONTAINED IN XXX XXXXXXXXXXX XXX XXXXXXXX XXX 0000 EQUIPMENT OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS RESULTS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE FULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY GUARANTEE, CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAINBE ACHIEVED THEREFROM.