Common use of No Warranty; Limitation of Liability Clause in Contracts

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE SERVICES AND EQUIPMENT ARE PROVIDED BY Heritage Cable ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDIT.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE SERVICES I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES AND EQUIPMENT REPORTS ARE PROVIDED BY Heritage Cable ON AN "“AS IS" ” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND "AS AVAILABLE" BASIS WITHOUT THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE OR NON-INFRINGEMENT, WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY USEFULNESS, QUALITY, ACCURACY, CONDITION OR BENEFITS OF Customer's COMMUNICATIONS VIA Heritage Cable's ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONSCOMPLETED ON A PARTICULAR SCHEDULE. CUSTOMER AGREES THAT CUSTOMER HAS I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE CLAIMS OR DAMAGES OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT ANY KIND SHALL LIABILITY NOT EXCEED THE AMOUNT OF DIRECT DAMAGES ACTUALLY PAID TO THE FACILITY FOR INJURY THE SERVICES GIVING RISE TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITSUCH A CLAIM.

No Warranty; Limitation of Liability. CUSTOMER AGREES SERENA WARRANTS THAT IT HAS THE RIGHT TO LICENSE THE SOFTWARE UNDER THE TERMS SET FORTH HEREIN. NOTWITHSTANDING SAME, LICENSEE AND SERENA AGREE THAT THE SERVICES AND EQUIPMENT ARE SOFTWARE IS PROVIDED BY Heritage Cable ON AN "“AS IS" ” AND "THAT SERENA MAKES NO EXPRESS OR IMPLIED WARRANTY AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDTO THE SOFTWARE. SERENA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, PURPOSE RELATED TO THE SOFTWARE AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICESITS USE. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENTSECTION 7 BELOW, IN NO EVENT WILL SERENA BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS), DAMAGE, COST OR EXPENSE INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTALCONSEQUENTIAL, SPECIAL, TREBLEEXEMPLARY, PUNITIVEINCIDENTAL AND INDIRECT DAMAGES, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING SOFTWARE. LICENSEE AGREES THAT IT WILL HAVE SOLE RESPONSIBILITY FOR PROTECTING ITS DATA USED IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTYSOFTWARE. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/SOFTWARE IS AT LICENSEE’S RISK. LICENSEE’S SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY DAMAGE CAUSED BY THE SOFTWARE IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITSTOP USING IT.

No Warranty; Limitation of Liability. CUSTOMER AGREES CareerHub reserves the right to modify, suspend, or discontinue the offering of any of the CareerHub Sites or Services at any time for any reason without prior notice. Further, while CareerHub utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the CareerHub Sites or Services. CareerHub shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. CareerHub will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in CareerHub offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer- provided systems, equipment, facilities or services that are interconnected with the Service. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE CAREERHUB SITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, CAREERHUB DOES NOT WARRANT THAT THE USE OF THE CAREERHUB SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HACKING”) NOR SHALL CAREERHUB BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, CAREERHUB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE CAREERHUB SITES OR SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. CAREERHUB MAKES NO REPRESENTATIONS OR WARRANTIES AND EQUIPMENT ARE PROVIDED BY Heritage Cable ON AN "AS IS" HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BYACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND INCAPABLE ALL WARRANTIES IMPLIED FROM ANY COURSE OF EXCLUSIONDEALING, RESTRICTION, COURSE OF PERFORMANCE OR MODIFICATION UNDER THE LAWS APPLICABLE USAGE OF TRADE. CAREERHUB SHALL NOT BE LIABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED YOU OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR TO ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE THIRD PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIESOPPORTUNITY, LOSS OF DATAREVENUE, PERSONAL INJURY (INCLUDING DEATHLOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT FOR ANY COST OF THE USE OR INABILITY TO USE THE PROCUREMENT OF SUBSTITUTE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATIONTHESE TERMS, MAINTENANCEWHETHER IN AN ACTION IN CONTRACT, FAILURETORT, REMOVAL STRICT LIABILITY OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACYNEGLIGENCE, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS ACTIONS, EVEN IF ADVISED OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT POSSIBILITY OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESSDAMAGES. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's YOUR USE OF THE CAREERHUB SITES OR SERVICES AND/RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, EACH SERVICE PARTY's SOFTWARE, OR DATA, CAREERHUB IS NOT RESPONSIBLE FOR THOSE COSTS. CAREERHUB’S TOTAL LIABILITY IS LIMITED ARISING OUT OF YOUR USE OF THE CAREERHUB SITES OR SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE GREATEST EXTENT ALLOWED MONTHLY TRANSACTION FEE PAID BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY YOU TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITCAREERHUB HEREUNDER.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE SERVICES Each of INSTITUTION and USER acknowledges that the USER retains full responsibility for the project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES/RESULTS (AS DEFINED IN SECTION 5(a)) AND EQUIPMENT REPORTS ARE PROVIDED BY Heritage Cable ON AN "“AS IS" ” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND "AS AVAILABLE" BASIS WITHOUT THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE OR NON-INFRINGEMENT, WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY USEFULNESS, QUALITY, ORIGINALITY, ACCURACY, CONDITION OR BENEFITS OF Customer's COMMUNICATIONS VIA Heritage Cable's ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONSCOMPLETED ON A PARTICULAR SCHEDULE. CUSTOMER AGREES THAT CUSTOMER HAS Each of INSTITUTION and USER fully acknowledges and agrees that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis and that CORE FACILITY has no responsibility to return any materials or information that USER or INSTITUTION may provide. THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY CORE FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, EVEN IF THE CORE FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE CORE FACILITY’S LIABILITY FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE CLAIMS OR DAMAGES OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT ANY KIND SHALL LIABILITY NOT EXCEED THE AMOUNT OF DIRECT DAMAGES ACTUALLY PAID TO THE CORE FACILITY FOR INJURY THE SERVICES GIVING RISE TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITSUCH A CLAIM.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE SERVICES EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH PARTY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND EQUIPMENT ARE PROVIDED BY Heritage Cable ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDWARRANTIES, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE STATUTORY OR NON-INFRINGEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTIONTHE PRODUCT MEETS THE SPECIFICATIONS, OR MODIFICATION ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE CIRCUMSTANCES SHALL EITHER PARTY, ANY OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's ITS AFFILIATES OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY PARTNERS BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECTSPECIAL, INDIRECT, INCIDENTAL, SPECIALEXEMPLARY, TREBLE, PUNITIVE, EXEMPLARY † DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE COMMISSION CONSEQUENTIAL OR CONSEQUENTIAL LOSSES PUNITIVE DAMAGES OR DAMAGES LIABILITIES (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, SUCH DAMAGES OR LIABILITIES FOR LOSS OF PROFITS, EARNINGSBUSINESS, BUSINESS OPPORTUNITIES, LOSS USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF DATA, PERSONAL INJURY OR IN ANY WAY RELATED TO THIS AGREEMENT (INCLUDING DEATHPERFORMANCE OR FAILURE TO PERFORM HEREUNDER), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE POSSIBILITY THEREOF, AND REGARDLESS OF THE EQUIPMENT LEGAL OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATIONEQUITABLE THEORY (CONTRACT, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OFTORT, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITOTHERWISE).

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE SERVICES GENEART AND EQUIPMENT ARE PROVIDED BY Heritage Cable ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED CONCERNING THE PATENT RIGHTS AND THE RIGHTS GRANTED HEREIN, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BYNONINFRINGEMENT, VALIDITY OF PATENT RIGHTS CLAIMS, WHETHER ISSUED OR PENDING, AND INCAPABLE THE ABSENCE OF EXCLUSIONLATENT OR OTHER DEFECTS, RESTRICTIONWHETHER OR NOT DISCOVERABLE, OR MODIFICATION UNDER AND HEREBY DISCLAIM THE LAWS APPLICABLE SAME. SPECIFICALLY, AND NOT TO THIS AGREEMENT. LIMIT THE SERVICE PARTIES FOREGOING, GENEART AND ITS AFFILIATES MAKE NO WARRANTY OR REPRESENTATION (i) REGARDING THE VALIDITY OR SCOPE OF ANY OF THE CLAIM(S), WHETHER ISSUED OR PENDING, OF ANY OF THE PATENT RIGHTS, AND (ii) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE EXPLOITATION OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's PATENT RIGHTS OR ANY USER'S USE PRODUCT WILL NOT INFRINGE ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THE SERVICESGENEART, ITS AFFILIATES, OR ANY THIRD PARTY. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL SHALL EITHER SERVICE PARTY OR ITS AFFILIATES BE HELD RESPONSIBLE LIABLE HEREIN TO THE OTHER PARTY, ITS AFFILIATES, OR LIABLE ANY OTHER PERSON OR ENTITY FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECTSPECIAL, INCIDENTAL, SPECIAL, TREBLE, PUNITIVECONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL LOSSES OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, PROFITS OR LOSS OF DATAUSE DAMAGES) INCURRED BY THE OTHER AND ARISING FROM ANY MANUFACTURE, PERSONAL INJURY (INCLUDING DEATH)USE, PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT SALE OF LICENSED CELL LINES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE USE POSSIBILITY OF SUCH DAMAGES OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITLOSSES.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE SERVICES AND EQUIPMENT ARE PROVIDED BY Heritage Doylestown Cable ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Doylestown Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDIT.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE SERVICES (a) GREEN HAS NOT MADE AND EQUIPMENT ARE PROVIDED BY Heritage Cable ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF DOES NOT MAKE ANY KINDGUARANTEES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED IN LAW OR IN FACT, ORAL OR IN WRITING, AS TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEANY MATTER WHATSOEVER, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS NON-INFRINGEMENT, OR THE DESIGN, QUALITY, CAPACITY OR CONDITION OF PROFITSTHE INVENTORY. GREEN EXPRESSLY DISAVOWS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, EARNINGSIT BEING AGREED THAT NO DEFECT, BUSINESS OPPORTUNITIESEITHER PATENT OR LATENT, LOSS SHALL RELIEVE RMT OF DATAITS OBLIGATIONS HEREUNDER. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, PERSONAL INJURY (INCLUDING DEATH)RMT AGREES THAT GREEN AND ANY SUCCESSOR OR ASSIGNEE OF GREEN SHALL NOT BE LIABLE FOR SPECIFIC PERFORMANCE OR ANY LIABILITY, PROPERTY LOSS, DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT EXPENSE OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING ANY KIND IN CONNECTION WITH THE INSTALLATIONTRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, MAINTENANCEINCLUDING, FAILUREBUT NOT LIMITED TO, REMOVAL INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR USE SPECIAL DAMAGES OF SERVICES AND/ANY NATURE, LOST PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR EQUIPMENT FOR ANY CLAIM OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE DEMAND REGARDLESS OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OFFORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF GREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THE FOREGOING SENTENCE SHALL, FOR ANY REASON, BE FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES AGREE THAT IN SUCH EVENT THE AGGREGATE LIABILITY IN DAMAGES OR OTHERWISE ARISING OF GREEN, OR ANY SUCCESSOR OR ASSIGNEE OF GREEN, IN CONNECTION WITHWITH THIS AGREEMENT SHALL NOT EXCEED THE PAYMENT, IF ANY, RECEIVED BY GREEN (OR ANY ALLEGATIONSUCCESSOR OR ASSIGNEE OF GREEN, CLAIM, SUIT AS APPLICABLE) FOR THE UNIT OF INVENTORY SUPPLIED OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR BE SUPPLIED HEREUNDER WHICH IS THE INFRINGEMENT SUBJECT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, RELEVANT CLAIM OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITDISPUTE.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE SERVICES AND EQUIPMENT ARE PROVIDED BY Heritage Cable CABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABLILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's CUSTOMER'S SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's CUSTOMER'S OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, Loss DAMAGE COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS Loss OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS Loss OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKESMISTAKE, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY INTELLECTUALPROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS Loss OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO OF CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's CUSTOMER'S COMMUNICATIONS VIA Heritage Cable's CABLE'S FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's CUSTOMER'S COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's CUSTOMER'S COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS Loss ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's CUSTOMER'S USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's 'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL 'S WILLFULL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDIT.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE SERVICES SOFTWARE AND EQUIPMENT ARE SUPPORT IS PROVIDED BY Heritage Cable ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES WARRANTY OR REPRESENTATION OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, IMPLIED AND INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, PURPOSE AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY KAHALA EXPRESSLY DISCLAIMS THAT THE SERVICES SOFTWARE AND SUPPORT WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDEDRESOLVE USER’S ISSUES. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY KAHALA, OR ANY OF ITS EMPLOYEES, AFFILIATES OR SUBSIDIARIES, BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, OR INCIDENTAL DAMAGE TO THE SYSTEM. USER AGREES THAT KAHALA’S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE ACTUAL AMOUNT PAID TO KAHALA BY USER UNDER THIS AGREEMENT FOR THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. IN NO EVENT WILL KAHALA BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, TREBLECONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, PUNITIVETHE SOFTWARE AND ANY SERVICES PROVIDED HEREUNDER, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT EVEN IF KAHALA HAS BEEN ADVISED OF THE USE POSSIBILITY OF SUCH DAMAGES. KAHALA NEITHER ASSUMES NOR AUTHORIZES ANY PERSON OR INABILITY ENTITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 ASSUME FOR KAHALA ANY LIABILITY OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE OBLIGATION NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITSPECIFICALLY SET FORTH HEREIN.

No Warranty; Limitation of Liability. CUSTOMER AGREES YOUR EXCLUSIVE REMEDY YOU EXPRESSLY AGREE THAT USE OF THE SERVICES SERVICE, SOFTWARE, AND EQUIPMENT SUPPLIED BY US OR OUR AGENTS, EMPLOYEES OR CONTRACTORS (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “COMPANY”) IS AT YOUR SOLE RISK. THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED BY THE COMPANY ARE PROVIDED BY Heritage Cable ON AN "“AS IS" AND ",” “AS AVAILABLE" ” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO UNLESS SUCH WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND LEGALLY INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK SERVICE, E-MAIL SERVICES, SOFTWARE, AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's EQUIPMENT, AND/OR ANY USER'S USE BREACH BY US OF ANY OBLIGATION WE MAY HAVE UNDER THIS AGREEMENT SHALL BE YOUR ABILITY TO TERMINATE THE SERVICESSERVICE UNDER SECTION 10 OF THIS AGREEMENT OR THE REPLACEMENT OF ANY DISKETTE OR CABLEAMERICA SUPPLIED EQUIPMENT FOUND TO BE DEFECTIVE. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE SHALL CABLEAMERICA’S LIABILITY TO YOU, FOR ANY LOSSCLAIM ARISING OUT OF THIS SERVICE AGREEMENT, DAMAGEEXCEED THE AMOUNT PAID BY YOU TO ACCESS AND USE THE SERVICE WITHIN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. IN NO EVENT SHALL CABLEAMERICA BE LIABLE, COST OR EXPENSE INCLUDING EVEN UPON THE FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY, FOR ANY INCIDENTAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY INDIRECT PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY ARISING IN ANY MANNER OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF THE SERVICE, E-MAIL SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/CABLEAMERICA SUPPLIED SOFTWARE OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDIT.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT BLUEPEAK MAKES NO WARRANTIES ABOUT THE SERVICES AND EQUIPMENT ARE PROVIDED BY Heritage Cable ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDSERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, . BLUEPEAK DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON BLUEPEAK’S BEHALF AND INCAPABLE THE CUSTOMER MAY NOT RELY ON ANY STATEMENT OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENTWARRANTY AS A WARRANTY OF BLUEPEAK. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES THIRD-PARTY ITEMS ARE PROVIDED AT Customer's SOLE RISK AS IS AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICESWITHOUT WARRANTY. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL BLUEPEAK (INCLUDING NEGLIGENCEOR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE TO THE CUSTOMER FOR ANY LOSSINDIRECT, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECTSPECIAL, INCIDENTAL, SPECIALCONSEQUENTIAL OR EXEMPLARY DAMAGES, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, OR LOSS OF DATACUSTOMERS, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE CLIENTS OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) GOODWILL ARISING IN ANY MANNER FROM THIS AGREEMENT AND/OR USE THE PERFORMANCE OR NONPERFORMANCE HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE EQUIPMENT POSSIBILITY OF SUCH LOSSES OR OTHERWISE ARISING DAMAGES, AND REGARDLESS OF THE NATURE OF THE CLAIM OR FORM OF ACTION, WHETHER IN CONNECTION CONTRACT OR TORT INCLUDING NEGLIGENCE. BLUEPEAK’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDIES WITH RESPECT TO ANY SERVICE PROVIDED TO CUSTOMER (INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE INSTALLATION, DELAY, PROVISION, TERMINATION, MAINTENANCE, FAILUREREPAIR, REMOVAL INTERRUPTION, OR USE RESTORATION OF SERVICES AND/ANY SUCH SERVICE) OR EQUIPMENT BREACH OF THIS AGREEMENT, WHETHER IN AN ACTION FOR OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENTARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING WITHOUT LIMITATION ANY MISTAKESNEGLIGENCE, OMISSIONSINDEMNITY OR STRICT LIABILITY, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION SHALL BE LIMITED TO A MAXIMUM OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS A TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER TO BLUEPEAK IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS THE MOST RECENT THREE-MONTH PERIOD HEREUNDER. THE PROVISIONS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH THIS SECTION 11 CONSTITUTE AN ALLOCATION OF WARRANTY OR RISK BETWEEN THE PARTIES AND THE PRICE CHARGED CUSTOMER IS BASED ON SUCH ALLOCATION OF RISK. THE TERMS OF THIS SECTION 11 SHALL SURVIVE THE FAILURE OF PERFORMANCE OF THE SERVICES AND/AN EXCLUSIVE OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, LIMITED REMEDY OR THE INFRINGEMENT TERMINATION OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE THIS AGREEMENT FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITREASON.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE SERVICES SOFTWARE IS PROVIDED AS-IS, AND EQUIPMENT ARE PROVIDED BY Heritage Cable ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDSILEX MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES WITHOUT LIMITATION, ANY WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BYPURPOSE OR NON-INFRINGEMENT, AND INCAPABLE OF EXCLUSIONYOU USE THE SOFTWARE AT YOUR OWN RISK. NOTWITHSTANDING ANY OTHER AGREEMENT BETWEEN THE PARTIES, RESTRICTION, SILEX SHALL HAVE NO INDEMNIFICATION OR MODIFICATION UNDER DEFENSE OBLIGATIONS ARISING FROM THE LAWS APPLICABLE TO THIS AGREEMENT. SOFTWARE OR ANY OUTPUT OR RESULTS BASED ON THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR SOFTWARE. SILEX WILL NOT BE LIABLE TO YOU UNDER ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE LEGAL THEORY FOR ANY LOSSDAMAGES OF ANY KIND, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTALCONSEQUENTIAL, SPECIAL, TREBLEPUNITIVE OR OTHERWISE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATIONSOFTWARE. SILEX’S TOTAL, MAINTENANCE, FAILURE, REMOVAL CUMULATIVE LIABILTY FOR ANY CLAIM OR USE CAUSE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON ACTION ARISING HERE UNDERWILL NOT EXCEED THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE AMOUNTS RECEIVED BY SILEX FOR THE SOFTWARE PROVIDED TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE LICENSEE HEREUNDER. THESE LIMITATIONS AND DISCLAIMERS REFLECT THE PARTIES’ REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE ALLOCATION OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE RISKS ASSOCIATED WITH ANY CUSTOMER EQUIPMENT PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT, AND ARE NOT RESPONSIBLE OR LIABLE INCLUDED IN THIS AGREEMENT AS A MATERIAL INDUCEMENT FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART SILEX TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITENTER INTO THIS AGREEMENT.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT UNLESS SPECIFICALLY SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND MONOTYPE OR AS REQUIRED BY LAW, THE SERVICES APPLICATION AND EQUIPMENT ARE THE APPLICATION FONT SOFTWARE IS PROVIDED BY Heritage Cable ON AN "“AS IS" AND "AS AVAILABLE" BASIS ” WITHOUT WARRANTIES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO WARRANTIES ANY WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BYMONOTYPE, ITS SUBSIDIARIES, AFFILIATES AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES LICENSORS MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL YOUR USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ANY USER'S USE OF THE SERVICESFREE FROM ERROR. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY MONOTYPE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER TO YOU OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT(I) FOR ANY CONSEQUENTIAL, RESULTING DIRECTLY INCIDENTAL OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENTSPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY MISTAKESLOST PROFITS, OMISSIONSLOST DATA, INTERRUPTIONSLOST BUSINESS OPPORTUNITIES, FAILURE OR MALFUNCTIONLOST SAVINGS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE EVEN IF MONOTYPE HAS BEEN ADVISED OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OFPOSSIBILITY OF SUCH DAMAGES, OR OTHERWISE ARISING IN CONNECTION WITH, (II) FOR ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE HAS BEEN ADVISED OF THE COPYRIGHTPOSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, PATENTconsequential or special damages, TRADEMARKso the above exclusion may not apply to you. Also, TRADE SECRETsome states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, CONFIDENTIALITYso the above limitations may not apply to you. To the greatest extent permitted by law, PRIVACYany implied warranties not effectively excluded by the Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so that such limitations may not apply to you. In those jurisdictions, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTYyou agree that Monotype's liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENTThis warranty gives you specific legal rights. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONSYou may have other rights that vary from state to state or jurisdiction to jurisdiction. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITThe Application is non-returnable and nonrefundable.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE MDVITA® AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES AND EQUIPMENT INCLUDED IN OR AVAILABLE THROUGH MDVITA® ARE PROVIDED BY Heritage Cable ON AN "“AS IS" ” AND "“AS AVAILABLE" BASIS ” WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MDVITA® AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE MDVITA® AND ALL MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR NON-INFRINGEMENT OR AVAILABLE THROUGH THE MDVITA®, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BYAND NON- INFRINGEMENT. YOUR USE OF MDVITA® IS AT YOUR OWN RISK. ACCESS TO MDVITA® MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND INCAPABLE SERVICES INCLUDED IN OR AVAILABLE THROUGH MDVITA® MAY NOT BE ERROR-FREE. NONE OF EXCLUSIONHEALTH CARE 2000, RESTRICTIONINC. AND ITS AFFILIATES AND SUBSIDIARIES, ITS SUPPLIERS, OR MODIFICATION UNDER ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING MDVITA® OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MDVITA® WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MDVITA® ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT MDVITA® WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT MDVITA® ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS APPLICABLE TO FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. ADDITIONALLY, HEALTH CARE 2000, INC. MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED: (I) REGARDING THE SAFETY, ACCURACY, OR EFFICACY OF MDVITA®, OR THE INFORMATION STORED ON MDVITA®; (II) THAT THE MDVITA® WILL OPERATE IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR (III) REGARDING ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY CLAIMS RELATED TO THE SERVICE PARTIES MAKE ESTABLISHMENT OR PERFORMANCE OF MDVITA® SHALL BE BROUGHT TO THE ATTENTION THE CORRESPONDING HEALTHCARE PROVIDER. UNDER NO WARRANTY THAT CIRCUMSTANCES SHALL MDVITA®, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING MDVITA® OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES WILL INCLUDED IN OR AVAILABLE THROUGH MDVITA® BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDINGOF ANY KIND, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, INCLUDING LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE USE, MDVITA®. THIS LIMITATION APPLIES WHETHER THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATIONALLEGED LIABILITY IS BASED ON CONTRACT, MAINTENANCETORT, FAILURENEGLIGENCE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACYSTRICT LIABILITY, OR OTHER INTELLECTUAL PROPERTY RIGHTS LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CONTRACTUAL RIGHTS LIMITATION OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS DAMAGES TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICESEXTENT INDICATED ABOVE, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED PERMITTED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED YOU ACKNOWLEDGE AND AGREE THAT THE AMOUNT LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF DIRECT DAMAGES FOR INJURY THIS AGREEMENT AND MDVITA® WOULD NOT BE PROVIDED TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITYOU ABSENT SUCH LIMITATIONS.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT FIREFLY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE SERVICES AND EQUIPMENT ARE SERVICE PROVIDED BY Heritage Cable ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDHEREUNDER, EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY. FIREFLY AND ITS SUPPLIERS DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON FIREFLY’S BEHALF AND THE CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY OF FIREFLY AND ITS SUPPLIERS. THE WARRANTY SET FORTH IN THIS SECTION IS THE SOLE AND EXCLUSIVE WARRANTY PERTAINING TO ANY SERVICES OR EQUIPMENT SOLD BY FIREFLY HEREUNDER, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES FIREFLY AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OTHER WARRANTIES, REPRESENTATIONS OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDEDGUARANTEES WITH RESPECT THERETO. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES THIRD PARTY PRODUCED ITEMS ARE PROVIDED AT Customer's SOLE RISK AS IS AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICESWITHOUT WARRANTY. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL FIREFLY AND ITS SUPPLIERS (INCLUDING NEGLIGENCEOR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE TO THE CUSTOMER FOR ANY LOSSINDIRECT, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECTSPECIAL, INCIDENTAL, SPECIALCONSEQUENTIAL OR EXEMPLARY DAMAGES, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, OR LOSS OF DATACUSTOMERS, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE CLIENTS OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF GOODWILL ARISING IN ANY MANNER FROM THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AGREEMENT AND/OR USE THE PERFORMANCE OR NONPERFORMANCE HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE EQUIPMENT POSSIBILITY OF SUCH LOSSES OR OTHERWISE ARISING DAMAGES, AND REGARDLESS OF THE NATURE OF THE CLAIM OR FORM OF ACTION, WHETHER IN CONNECTION CONTRACT OR TORT INCLUDING NEGLIGENCE. FIREFLY’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDIES WITH RESPECT TO ANY SERVICE PROVIDED TO CUSTOMER (INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE INSTALLATION, DELAY, PROVISION, TERMINATION, MAINTENANCE, FAILUREREPAIR, REMOVAL INTERRUPTION, OR USE RESTORATION OF SERVICES AND/ANY SUCH SERVICE) OR EQUIPMENT BREACH OF THE AGREEMENT, WHETHER IN AN ACTION FOR OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENTARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING WITHOUT LIMITATION ANY MISTAKESNEGLIGENCE, OMISSIONSINDEMNITY OR STRICT LIABILITY, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION SHALL BE LIMITED TO A MAXIMUM OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS A TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER TO FIREFLY IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS THE MOST RECENT THREE MONTH PERIOD HEREUNDER. THE PROVISIONS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH THIS SECTION 8 CONSTITUTE AN ALLOCATION OF WARRANTY OR RISK BETWEEN THE PARTIES AND THE PRICE CHARGED CUSTOMER IS BASED ON SUCH ALLOCATION OF RISK. THE TERMS OF THIS SECTION 8 SHALL SURVIVE THE FAILURE OF PERFORMANCE AN EXCLUSIVE OR LIMITED REMEDY OR THE TERMINATION OF THIS AGREEMENT FOR ANY REASON. THIS SECTION 8 SURVIVES TERMINATION OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTYAGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY EXTENT THAT SUCH TERMS CONFLICT, THE TERMS OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THIS SECTION 8 CONTROL THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS TERMS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED CONDITIONS SET FORTH AT xxx.xxxxxxxxx.xxx WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED RESPECT TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITMATTERS SET FORTH HEREIN.

No Warranty; Limitation of Liability. CUSTOMER AGREES TIMBERLINE CANNOT WARRANT THAT WEB HOSTING OR EMAIL OR OTHER INTERNET SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION OR ERROR FREE, OR MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES AND EQUIPMENT PROVIDED. THE SERVICES PROVIDED HEREUNDER ARE PROVIDED BY Heritage Cable ON AN "“AS IS" AND "AS AVAILABLE" BASIS ” BASIS, WITHOUT WARRANTIES OF ANY KIND. ACCORDINGLY, EITHER EXPRESS TIMBERLINE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO TO, THE WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BYPURPOSE AND NONINFRINGEMENT, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE SHALL NOT BE LIABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, TREBLECONSEQUENTIAL, PUNITIVEOR ANY OTHER FORM OF MONEY DAMAGES, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF PROFITSDATA OR INFORMATION OF ANY KIND, EARNINGSHOWEVER CAUSED, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL PERFORMANCE BY TIMBERLINE OR USE THE PROVISION OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE HEREUNDER, WHETHER BASED ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION BREACH OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSIONCONTRACT, BREACH OF WARRANTY WARRANTY, THE NEGLIGENCE OF TIMBERLINE, STRICT LIABILITY IN TORT OR FAILURE OF PERFORMANCE OTHERWISE, AND WHETHER OR NOT TIMBERLINE HAS BEEN MADE AWARE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING POSSIBILITIES OF SUCH DAMAGES. IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT EVENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE A SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES OUTAGE TIMBERLINE WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT ONLY BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK THE AMOUNT PAID FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED PRORATED FOR THE AMOUNT OF DIRECT DAMAGES FOR INJURY TIME OF THE OUTAGE. CUSTOMER SHALL INDEMNIFY AND HOLD TIMBERLINE, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, LIABILITIES AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO PROPERTY ANY VIOLATION OF LAW, RULE OR PERSON CAUSED REGULATION OR CUSTOMER’S IMPROPER USE OF ANY WEB PAGE OR THE RESPECTIVE SERVICES PARTY's WILLFUL INTERNET OR GROSS NEGLIGENCE OR, FOR ALL ANY OTHER CLAIMS, THE MAXIMUM CREDITBREACH OF THIS AGREEMENT BY CUSTOMER.

No Warranty; Limitation of Liability. CUSTOMER AGREES CareerHub reserves the right to modify, suspend, or discontinue the offering of any of the CareerHub Sites or Services at any time for any reason without prior notice. Further, while CareerHub utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-­‐party interception in transit, nor for any damage which may result to your computer or other property by your use of the CareerHub Sites or Services. CareerHub shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. CareerHub will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in CareerHub offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-­‐ provided systems, equipment, facilities or services that are interconnected with the Service. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE CAREERHUB SITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, CAREERHUB DOES NOT WARRANT THAT THE USE OF THE CAREERHUB SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HACKING”) NOR SHALL CAREERHUB BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, CAREERHUB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE CAREERHUB SITES OR SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. CAREERHUB MAKES NO REPRESENTATIONS OR WARRANTIES AND EQUIPMENT ARE PROVIDED BY Heritage Cable ON AN "AS IS" HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BYACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND INCAPABLE ALL WARRANTIES IMPLIED FROM ANY COURSE OF EXCLUSIONDEALING, RESTRICTION, COURSE OF PERFORMANCE OR MODIFICATION UNDER THE LAWS APPLICABLE USAGE OF TRADE. CAREERHUB SHALL NOT BE LIABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED YOU OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR TO ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE THIRD PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIESOPPORTUNITY, LOSS OF DATAREVENUE, PERSONAL INJURY (INCLUDING DEATHLOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT FOR ANY COST OF THE USE OR INABILITY TO USE THE PROCUREMENT OF SUBSTITUTE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATIONTHESE TERMS, MAINTENANCEWHETHER IN AN ACTION IN CONTRACT, FAILURETORT, REMOVAL STRICT LIABILITY OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACYNEGLIGENCE, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS ACTIONS, EVEN IF ADVISED OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT POSSIBILITY OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESSDAMAGES. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's YOUR USE OF THE CAREERHUB SITES OR SERVICES AND/RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, EACH SERVICE PARTY's SOFTWARE, OR DATA, CAREERHUB IS NOT RESPONSIBLE FOR THOSE COSTS. CAREERHUB’S TOTAL LIABILITY IS LIMITED ARISING OUT OF YOUR USE OF THE CAREERHUB SITES OR SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE GREATEST EXTENT ALLOWED MONTHLY TRANSACTION FEE PAID BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY YOU TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITCAREERHUB HEREUNDER.

No Warranty; Limitation of Liability. CUSTOMER AGREES YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES AND EQUIPMENT ARE SERVICE IS PROVIDED BY Heritage Cable TO YOU ON AN "“AS IS" ” AND "“AS AVAILABLE" BASIS WITHOUT WARRANTIES ” BASIS. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE OR ANY KINDCONTENT THEREON. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES LOSS OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTIONDATA, OR MODIFICATION UNDER OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE LAWS APPLICABLE SERVICE. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO THIS AGREEMENTSTORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED IN THE SERVICE. THE SERVICE PARTIES WE MAKE NO WARRANTY THAT THE SERVICES SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR ERROR-FREE BASIS. NO ADVICE OR THAT INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE EQUIPMENT SERVICE OR OUR REPRESENTATIVES, WILL WORK AS INTENDEDCREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CUSTOMER FURTHER AGREES THAT ALL USE OF TO THE SERVICES ARE PROVIDED AT Customer's SOLE RISK MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENTOUR SUBSIDIARIES, IN NO EVENT (INCLUDING NEGLIGENCE) AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL EITHER SERVICE PARTY NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLECONSEQUENTIAL OR PUNITIVE DAMAGES, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIESINCLUDING WITHOUT LIMITATION, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH)LOSS OF USE, PROPERTY DAMAGE LOSS OF ANTICIPATED SAVINGS, ACCRUED BUT WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LEGAL FEES AND EXPENSESSERVICES, SOUGHT BY CUSTOMER LOSS OF GOOD-WILL, OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNTOTHER INTANGIBLE LOSSES, RESULTING DIRECTLY FROM (i) YOUR ACCESS TO OR INDIRECTLY OUT USE OF THE USE OR INABILITY TO ACCESS OR USE THE SERVICES SERVICE; (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 ii) ANY CONDUCT OR E911 SERVICES) AND/OR USE CONTENT OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ANY THIRD PARTY ON THE SERVICES AND/OR EQUIPMENTSERVICE, INCLUDING WITHOUT LIMITATION ANY MISTAKESCONTENT, OMISSIONSPRODUCTS OR SERVICES PROVIDED BY ANY ADVERTISERS OR AFFILIATE ADVERTISING NETWORKS WE COOPERATE WITH, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE ANY OTHER USERS OF THE SERVICES SERVICE; (iii) ANY CONTENT AND/OR EQUIPMENTINFORMATION OBTAINED FROM THE SERVICE OR RELIANCE UPON THE SERVICE OR ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR RESULTING DIRECTLY ALTERATION OF ANY MATERIAL OR INDIRECTLY OUT OFCONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING IN CONNECTION WITHANY OTHER LEGAL THEORY, ANY ALLEGATION, CLAIM, SUIT WHETHER OR OTHER PROCEEDING RELATING NOT WE KNEW OF OR OUGHT TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT HAVE KNOWN OF THE COPYRIGHTPOSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, PATENTSO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS REMOVES OR OTHER INTELLECTUAL PROPERTY SUPERSEDES YOUR RIGHTS OR CONTRACTUAL RIGHTS AS A CONSUMER BASED ON MANDATORY PROVISIONS OF ANY THIRD PARTYLAW. THE SERVICE PARTIES MAKE NO WARRANTIES PLEASE BE REMINDED THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND WE ARE NOT RESPONSIBLE OR UNDER ANY CIRCUMSTANCES LIABLE FOR ANY LOSS DAMAGES, CLAIMS, LIABILITIES OR IMPAIRMENT OF SERVICE DUE COSTS THAT YOU MAY INCUR OR SUFFER IN WHOLE CONNECTION WITH ANY CONTENT, PRODUCTS OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT SERVICES OFFERED BY ANY THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS WE COOPERATE WITH. YOU WAIVE AND RELEASE CYBER GAMES AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO ANY ACT OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED OMISSION OF SUCH THIRD PARTIES IN CONNECTION WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's YOUR USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITSERVICE.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE SERVICES I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES AND EQUIPMENT REPORTS ARE PROVIDED BY Heritage Cable ON AN "“AS IS" ” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND "AS AVAILABLE" BASIS WITHOUT THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE OR NON-INFRINGEMENT, WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY USEFULNESS, QUALITY, ACCURACY, CONDITION OR BENEFITS OF Customer's COMMUNICATIONS VIA Heritage Cable's ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONSCOMPLETED ON A PARTICULAR SCHEDULE. CUSTOMER AGREES THAT CUSTOMER HAS I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE CLAIMS OR DAMAGES OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT ANY KIND SHALL LIABILITY NOT EXCEED THE AMOUNT OF DIRECT DAMAGES ACTUALLY PAID TO THE FACILITY FOR INJURY THE SERVICES GIVING RISE TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE ORSUCH A CLAIM. Payment I acknowledge my responsibility to ensure my INSTITUTION promptly processes payment to the UNIVERSITY for purchases, FOR ALL OTHER CLAIMSmaterials costs, THE MAXIMUM CREDITand use fees incurred by me for use of CORE FACILITY facilities and at other UNIVERSITY departmental stockrooms. I have confirmed with the INSTITUTION Financial Contact, whose information I have provided to the core and/or listed below, that I have sufficient funds available to me to cover such costs and followed all appropriate procedures at INSTITUTION required for the obligation of funds and that there are no additional terms or conditions other than those contained in this AGREEMENT that my INSTITUTION requires in order to make prompt payment of all amounts due hereunder. CORE FACILITY shall submit an invoice to the INSTITUTION via the Financial Contact indicated below for amounts due hereunder, and payment in full shall be made by INSTITUTION within thirty (30) days following submission of the invoice. No terms in any form prepared by USER or INSTITUTION, including Purchase Orders, shall apply. INSTITUTION Financial Contact: Name Title Department Address 1 Address 2 Email Status of USER I understand that I am not an employee, student, or agent of the UNIVERSITY and am deemed to be acting as a representative, employee, and/or student of INSTITUTION for all purposes during work on a project in the CORE FACILITY facilities. Physical Access to Facilities and User Safety I will not have physical access to the CORE FACILITY facilities in the course of my project utilizing the CORE FACILITY services. Intellectual Property CORE FACILITY operates as a shared‐use facility, and the UNIVERSITY shall make no claim to co‐own (i) intellectual property created solely by USER or (ii) results generated for the USER by the CORE FACILITY under this AGREEMENT, based solely on my use of the UNIVERSITY’s facilities and services under this AGREEMENT. UNIVERSITY owns intellectual property, including techniques, improvements, methods and inventions created by its staff in the course of rendering services to USER under this AGREEMENT, other than results generated for USER hereunder, as well as all general knowledge, skills, experience and know-how developed or obtained by CORE FACILITY in the course of performing services under this AGREEMENT or otherwise. I acknowledge that the commercial viability of any technique developed at CORE FACILITY is subject to the intellectual property rights of the UNIVERSITY and other third‐party rights holders. I understand and acknowledge that the UNIVERSITY makes no guarantee that techniques developed at CORE FACILITY are not covered by its own or a third party’s intellectual property. I further acknowledge that the UNIVERSITY is the co-owner of intellectual property that I co-invent with CORE FACILITY staff or other UNIVERSITY personnel, other than results generated for USER hereunder, and that, prior to using the CORE FACILITY, I have confirmed with INSTITUTION that my use of CORE FACILITY under these terms is consistent with my obligations to INSTITUTION under the terms of my appointment.

No Warranty; Limitation of Liability. CUSTOMER AGREES YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT YOUR INTERNET CONNECTION OR FILES AVAILABLE THROUGH THE SERVICES DASHBOARD OR DOWNLOADED THROUGH THE INTERNET WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND EQUIPMENT ARE CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR DASHBOARD FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY Heritage Cable ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDLAW, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WE WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN OR DAMAGE CAUSED BY A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALWARE, RANSOMWARE OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DASHBOARD OR ANY SERVICES AND/OR EQUIPMENTITEMS OBTAINED THROUGH THE DASHBOARD OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE DASHBOARD, EACH SERVICE PARTY's OR ON ANY WEBDASHBOARD LINKED TO IT. THE DASHBOARD AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DASHBOARD ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BIOREFERENCE AND ITS SUPPLIERS AND VENDORS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE DASHBOARD AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DASHBOARD, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. YOUR USE OF THE DASHBOARD IS AT YOUR OWN RISK. ACCESS TO THE DASHBOARD MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DASHBOARD MAY NOT BE ERROR-FREE. NONE OF BIOREFERENCE, ITS SUPPLIERS, ITS VENDORS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE DASHBOARD OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DASHBOARD WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DASHBOARD ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT THE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE DASHBOARD IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. UNDER NO CIRCUMSTANCES SHALL BIOREFERENCE, ITS SUPPLIERS, ITS VENDORS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE DASHBOARD OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DASHBOARD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE DASHBOARD, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, THE LIABILITY OF BIOREFERENCE, ITS SUPPLIERS AND ITS VENDORS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT ALLOWED PERMITTED BY LAW. IN NO EVENT YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE DASHBOARD WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. YOU FURTHER ACKNOWLEDGE THAT ANY CLAIMS RELATED TO THE ESTABLISHMENT OR PERFORMANCE OF THE DASHBOARD SHALL LIABILITY EXCEED BE BROUGHT TO THE AMOUNT ATTENTION OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITBIOREFERENCE.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE SERVICES TECHNOLOGY AND EQUIPMENT SUPPORT TOOLS ARE PROVIDED BY Heritage Cable ON AN "AS AS-IS" , AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDSUBLICENSOR MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES WITHOUT LIMITATION, ANY WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BYPURPOSE OR NON-INFRINGEMENT, AND INCAPABLE OF EXCLUSIONYOU USE THE TECHNOLOGY AND SUPPORT TOOLS AT YOUR OWN RISK. NOTWITHSTANDING ANY OTHER AGREEMENT BETWEEN THE PARTIES, RESTRICTIONSUBLICENSOR, SUBLICENSOR’S AFFILIATES, AND SUBLICENSOR’S LICENSORS SHALL HAVE NO INDEMNIFICATION OR MODIFICATION UNDER DEFENSE OBLIGATIONS ARISING FROM THE LAWS APPLICABLE TO THIS AGREEMENT. TECHNOLOGY, SUPPORT TOOLS OR ANY OUTPUT OR RESULTS BASED ON THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK TECHNOLOGY OR SUPPORT TOOLS. SUBLICENSOR, SUBLICENSOR’S AFFILIATES AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR SUBLICENSOR’S LICENSORS WILL NOT BE LIABLE TO YOU UNDER ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE LEGAL THEORY FOR ANY LOSSDAMAGES OF ANY KIND, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTALCONSEQUENTIAL, SPECIAL, TREBLEPUNITIVE OR OTHERWISE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATIONTECHNOLOGY OR SUPPORT TOOLS. SUBLICENSOR, MAINTENANCESUBLICENSOR’S AFFILIATES’ AND SUBLICENSOR’S LICENSORS’ TOTAL, FAILURECUMULATIVE LIABILTY FOR ANY CLAIM OR CAUSE OF ACTION ARISING HEREUNDER WILL NOT EXCEED THE LESSER OF: (I) THE AMOUNTS RECEIVED BY QCA FOR ANY TECHNOLOGY OR SUPPORT TOOLS PROVIDED TO SUBLICENSEE HEREUNDER, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON (II) ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS AND DISCLAIMERS REFLECT THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE PARTIES’ REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE ALLO- CATION OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE RISKS ASSOCIATED WITH ANY CUSTOMER EQUIPMENT PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT, AND ARE NOT RESPONSIBLE OR LIABLE INCLUDED IN THIS AGREEMENT AS A MATERIAL INDUCEMENT FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITSUBLICENSORTO ENTER INTO THIS AGREEMENT.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT THE SERVICES ANY AND EQUIPMENT ALL DELIVERABLES AND PRODUCTS SUPPLIED OR DELIVERED BY MANAGEMENT PURSUANT TO THIS AGREEMENT ARE PROVIDED BY Heritage Cable ON AN "“AS IS" ” AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES WARRANTY OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. NEITHER PARTY MAKES ANY WARRANTY OR REPRESENTATION OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY FOR ABOVE. MANAGEMENT SHALL NOT BE HELD RESPONSIBLE LIABLE TO OWNER OR LIABLE ITS CUSTOMERS FOR ANY LOSS, DAMAGECLAIM, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER LIABILITY OF ANY KIND OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY NATURE THAT MAY ARISE FROM OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/IN CONNECTION WITH ANY SALE OR USE OF THE EQUIPMENT DELIVERABLES OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATIONPRODUCTS SUPPLIED BY MANAGEMENT, MAINTENANCE, FAILURE, REMOVAL OR USE ANY MARIJUANA OR OTHER PRODUCT OR SERVICE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OFOWNER, OR OTHERWISE ARISING OUT OF THIS AGREEMENT. TO THE EXTENT THE TERMS CONTAINED IN CONNECTION WITHPARAGRAPH 8 CONFLICTS WITH THE TERMS CONTAINED IN PARAGRAPHS 7.0 THROUGH 7.3, PARAGRAPHS 7.0 THROUGH 7.3 SHALL PREVAIL. THIS PARAGRAPH IS SUBJECT TO APPLICABLE LAWS, IF ANY, WHICH PROHIBIT ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING ATTEMPT TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO DISCLAIM WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND WHICH ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDITDISCLAIMABLE.

No Warranty; Limitation of Liability. CUSTOMER AGREES THAT COMPANY EQUIPMENT AND THE SERVICE(S) INCLUSIVE OF THE VOICE SERVICES AND EQUIPMENT PROVIDED BY CONEXON CONNECT, LLC. ARE PROVIDED BY Heritage Cable ON AN "“AS IS" AND "AS AVAILABLE" BASIS ,” WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR OUR AFFILIATES, INCLUDING BUT NOT LIMITED TO SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT THE COASTCONNECT EQUIPMENT OR THE SERVICE(S) WILL MEET CUSTOMER REQUIREMENTS, THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. ALL REPRESENTATIONS AND WARRANTIES OF TITLE ANY KIND, EXPRESS OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEIMPLIED, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT Customer's SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR Customer's OR ANY USER'S USE OF THE SERVICES. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL EITHER SERVICE PARTY BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS ANY WARRANTIES OF PROFITSPERFORMANCE, EARNINGSNON-INFRINGEMENT, BUSINESS OPPORTUNITIESFITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR LEGAL FEES RESTRICTED BY APPLICABLE LAW. COMPANY’S AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CONEXON CONNECT’S ENTIRE LIABILITY AND CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION ’S EXCLUSIVE REMEDY WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THE SERVICE PARTIES MAKE NO WARRANTIES THAT THE SERVICES, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS RESPECT TO THE SECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND THAT EITHER SERVICE PARTY WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR Customer's USE OF THE SERVICES AND/OR EQUIPMENT, EACH SERVICE PARTY's LIABILITY ANY BREACH BY COASTCONNECT OR CONEXON CONNECT OF ANY OBLIGATION COASTCONNECT OR CONEXON CONNECT MAY HAVE UNDER THIS AGREEMENT SHALL BE CUSTOMER’S ABILITY TO TERMINATE THE SERVICE. THIRD PARTY PRODUCED ITEMS ARE PROVIDED AS IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAWAND WITHOUT WARRANTY. IN NO EVENT SHALL COASTCONNECT AND CONEXON CONNECT, LLC AND ITS SUPPLIERS (OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) BE LIABLE TO THE CUSTOMER FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF CUSTOMERS, CLIENTS OR GOODWILL ARISING IN ANY MANNER FROM THE AGREEMENT AND/OR THE PERFORMANCE OR NONPERFORMANCE HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, AND REGARDLESS OF THE NATURE OF THE CLAIM OR FORM OF ACTION, WHETHER IN CONTRACT OR TORT INCLUDING NEGLIGENCE. IN NO EVENT, SHALL COASTCONNECT LIABILITY OR CONEXON CONNECT TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED PAID BY THE RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, CUSTOMER DURING THE MAXIMUM CREDITPRECEDING 30 DAY PERIOD.