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

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 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 CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIM.

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES CUSTOMER AGREES THAT THE SERVICES AND REPORTS EQUIPMENT ARE PROVIDED “BY Heritage Cable ON AN "AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, " AND THEY HEREBY DISCLAIM ALL, "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, 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 NON-INFRINGEMENTMODIFICATION 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 USEFULNESSSECURITY OF Customer's COMMUNICATIONS VIA Heritage Cable's FACILITIES OR SERVICES, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR RESULTS, MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 FACILITY EITHER SERVICE PARTY WILL NOT BE LIABLE UNDER FOR ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK 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 Customer's USE OF THE SERVICESSERVICES AND/OR EQUIPMENT, EVEN IF FACILITY HAS BEEN ADVISED OF EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE POSSIBILITY OF SUCH DAMAGEGREATEST EXTENT ALLOWED BY LAW. THE FACILITY’S IN NO EVENT SHALL LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE FACILITY RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE SERVICES GIVING RISE TO SUCH A CLAIMMAXIMUM CREDIT.

No Warranty; Limitation of Liability. I acknowledge thatSERENA WARRANTS THAT IT HAS THE RIGHT TO LICENSE THE SOFTWARE UNDER THE TERMS SET FORTH HEREIN. NOTWITHSTANDING SAME, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES LICENSEE AND REPORTS ARE SERENA AGREE THAT THE SOFTWARE IS PROVIDED “AS IS” WITH AND THAT SERENA MAKES NO EXPRESS OR IMPLIED WARRANTY AS TO THE SOFTWARE. SERENA DISCLAIMS ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS PURPOSE RELATED TO THE USEFULNESSSOFTWARE AND ITS USE. EXCEPT AS PROVIDED IN SECTION 7 BELOW, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES IN NO EVENT WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 FACILITY WILL NOT SERENA BE LIABLE UNDER FOR ANY LEGAL THEORY (DAMAGES, WHETHER TORT, IN CONTRACT OR OTHERWISE) FOR SPECIALTORT (INCLUDING NEGLIGENCE), INCIDENTALINCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL AND INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO IN CONNECTION WITH THIS AGREEMENT OR THE BREACH HEREOF USE OR INABILITY TO USE THE PERFORMANCE SOFTWARE. LICENSEE AGREES THAT IT WILL HAVE SOLE RESPONSIBILITY FOR PROTECTING ITS DATA USED IN CONNECTION WITH THE SOFTWARE. THE USE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF SOFTWARE IS AT LICENSEE’S RISK. LICENSEE’S SOLE RECOURSE IN THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS OR DAMAGES EVENT OF ANY KIND SHALL NOT EXCEED DISSATISFACTION WITH OR DAMAGE CAUSED BY THE AMOUNT ACTUALLY PAID SOFTWARE IS TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMSTOP USING IT.

No Warranty; Limitation of Liability. I acknowledge thatEXCEPT AS EXPRESSLY SET FORTH HEREIN, as the USEREACH PARTY DISCLAIMS ALL CONDITIONS, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICESREPRESENTATIONS AND WARRANTIES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANYWHETHER EXPRESS, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN THAT THE PRODUCT MEETS THE SPECIFICATIONS, OR ANY WARRANTY OF NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY, WARRANTIES AS TO THE USEFULNESSANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, QUALITYOFFICERS, ACCURACYEMPLOYEES, CONDITION REPRESENTATIVES, AGENTS, LICENSORS OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 FACILITY WILL NOT PARTNERS BE LIABLE UNDER FOR ANY LEGAL THEORY (WHETHER TORTSPECIAL, CONTRACT OR OTHERWISE) FOR SPECIALINDIRECT, INCIDENTAL, CONSEQUENTIALEXEMPLARY, INDIRECT † DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE COMMISSION CONSEQUENTIAL OR PUNITIVE DAMAGESDAMAGES OR LIABILITIES (INCLUDING, INCLUDING LOST WITHOUT LIMITATION, SUCH DAMAGES OR LIABILITIES FOR LOSS OF PROFITS, HOWEVER CAUSEDBUSINESS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT (INCLUDING PERFORMANCE OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESFAILURE TO PERFORM HEREUNDER), EVEN IF FACILITY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS LEGAL OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMEQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE).

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES GENEART AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING CONCERNING THE PATENT RIGHTS AND THE RIGHTS GRANTED HEREIN, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, VALIDITY OF PATENT RIGHTS CLAIMS, WHETHER ISSUED OR NON-INFRINGEMENTPENDING, WARRANTIES AS AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AND HEREBY DISCLAIM THE SAME. SPECIFICALLY, AND NOT TO LIMIT THE 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 EXPLOITATION OF THE PATENT RIGHTS OR ANY PRODUCT WILL NOT INFRINGE ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF GENEART, ITS AFFILIATES, OR ANY THIRD PARTY. IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES BE LIABLE HEREIN TO THE USEFULNESSOTHER PARTY, QUALITYITS AFFILIATES, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OTHER PERSON OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) ENTITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR PUNITIVE LOSS OF USE DAMAGES) INCURRED BY THE OTHER AND ARISING FROM ANY MANUFACTURE, INCLUDING LOST PROFITSUSE, HOWEVER CAUSED, ARISING OUT OR SALE OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, LICENSED CELL LINES EVEN IF FACILITY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS DAMAGES OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMLOSSES.

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES CUSTOMER AGREES THAT THE SERVICES AND REPORTS EQUIPMENT ARE PROVIDED “BY Doylestown Cable ON AN "AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, " AND THEY HEREBY DISCLAIM ALL, "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, 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 NON-INFRINGEMENTMODIFICATION 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 USEFULNESSSECURITY OF Customer's COMMUNICATIONS VIA Doylestown Cable's FACILITIES OR SERVICES, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR RESULTS, MONITOR Customer's COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE Customer's COMMUNICATIONS AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 FACILITY EITHER SERVICE PARTY WILL NOT BE LIABLE UNDER FOR ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK 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 Customer's USE OF THE SERVICESSERVICES AND/OR EQUIPMENT, EVEN IF FACILITY HAS BEEN ADVISED OF EACH SERVICE PARTY's LIABILITY IS LIMITED TO THE POSSIBILITY OF SUCH DAMAGEGREATEST EXTENT ALLOWED BY LAW. THE FACILITY’S IN NO EVENT SHALL LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE FACILITY RESPECTIVE SERVICES PARTY's WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE SERVICES GIVING RISE TO SUCH A CLAIMMAXIMUM CREDIT.

No Warranty; Limitation of Liability. I acknowledge that(a) GREEN HAS NOT MADE AND DOES NOT MAKE ANY GUARANTEES, as the USERREPRESENTATIONS OR WARRANTIES, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONIN LAW OR IN FACT, WARRANTIES OF MERCHANTABILITYORAL OR IN WRITING, FITNESS FOR A PARTICULAR PURPOSEAS TO ANY MATTER WHATSOEVER, OR INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, WARRANTIES AS TO OR THE USEFULNESSDESIGN, QUALITY, ACCURACY, CAPACITY OR CONDITION OF THE INVENTORY. GREEN EXPRESSLY DISAVOWS ANY WARRANTY OF MERCHANTABILITY OR BENEFITS OF FITNESS FOR ANY PARTICULAR PROJECT(S) PURPOSE, IT BEING AGREED THAT NO DEFECT, EITHER PATENT OR RESULTSLATENT, SHALL RELIEVE RMT OF ITS OBLIGATIONS HEREUNDER. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, RMT AGREES THAT GREEN AND WARRANTIES THAT CORE FACILITY SERVICES ANY SUCCESSOR OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 FACILITY WILL ASSIGNEE OF GREEN SHALL NOT BE LIABLE UNDER FOR SPECIFIC PERFORMANCE OR ANY LEGAL THEORY (WHETHER TORTLIABILITY, CONTRACT LOSS, DAMAGE OR OTHERWISE) FOR SPECIALEXPENSE OF ANY KIND IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIALPUNITIVE, INDIRECT CONSEQUENTIAL OR PUNITIVE DAMAGESSPECIAL DAMAGES OF ANY NATURE, INCLUDING LOST PROFITS, HOWEVER CAUSEDLOSS OF USE, ARISING OUT INTERRUPTION OF BUSINESS, OR RELATED TO THIS AGREEMENT FOR ANY CLAIM OR THE BREACH HEREOF OR THE PERFORMANCE DEMAND REGARDLESS OF THE SERVICESFORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF FACILITY GREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. IN THE FACILITY’S EVENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THE FOREGOING SENTENCE SHALL, FOR ANY CLAIMS 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 DAMAGES OTHERWISE OF GREEN, OR ANY KIND SUCCESSOR OR ASSIGNEE OF GREEN, IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY PAYMENT, IF ANY, RECEIVED BY GREEN (OR ANY SUCCESSOR OR ASSIGNEE OF GREEN, AS APPLICABLE) FOR THE SERVICES GIVING RISE UNIT OF INVENTORY SUPPLIED OR TO SUCH A CLAIMBE SUPPLIED HEREUNDER WHICH IS THE SUBJECT OF THE RELEVANT CLAIM OR DISPUTE.

No Warranty; Limitation of Liability. I acknowledge thatCareerHub reserves the right to modify, as suspend, or discontinue the USERoffering of any of the CareerHub Sites or Services at any time for any reason without prior notice. Further, I retain full responsibility 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 my project progress and developmentbreaches 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. ALL CORE FACILITY SERVICESCareerHub shall use commercially reasonable efforts to make access to the Services available through the required access protocols, DELIVERABLES 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 REPORTS SERVICES ARE PROVIDED “AS IS” WITH 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 HEREBY DISCLAIMS ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, OTHER REPRESENTATIONS AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION RELIABILITY, COMPLETENESS, OR BENEFITS TIMELINESS OF ANY PARTICULAR PROJECT(S) THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR RESULTSLINKS, AND ALL WARRANTIES THAT CORE FACILITY SERVICES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULEUSAGE OF TRADE. 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 FACILITY WILL CAREERHUB SHALL NOT BE LIABLE UNDER TO YOU OR TO ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) THIRD PARTY FOR SPECIALANY INDIRECT, INCIDENTAL, CONSEQUENTIALSPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, INDIRECT WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR PUNITIVE DAMAGESLOST BUSINESS, INCLUDING LOST LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, HOWEVER CAUSEDLOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING OUT OF IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR RELATED TO THIS AGREEMENT NEGLIGENCE, OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESOTHER ACTIONS, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. IF YOUR USE OF THE FACILITYCAREERHUB SITES OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, CAREERHUB IS NOT RESPONSIBLE FOR THOSE COSTS. CAREERHUB’S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE CAREERHUB SITES OR SERVICES FOR ANY CLAIMS OR DIRECT DAMAGES OF ANY KIND SHALL NOT NOT, IN THE AGGREGATE, EXCEED THE AN AMOUNT ACTUALLY PAID EQUAL TO THE FACILITY FOR THE SERVICES GIVING RISE MONTHLY TRANSACTION FEE PAID BY YOU TO SUCH A CLAIMCAREERHUB HEREUNDER.

No Warranty; Limitation of Liability. I acknowledge that, as Each of INSTITUTION and USER acknowledges that the USER, I retain USER retains full responsibility for my the project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES DELIVERABLES/RESULTS (AS DEFINED IN SECTION 5(a)) AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ORIGINALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I Each of INSTITUTION and USER fully understand acknowledges and agree agrees that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand basis and agree that CORE FACILITY has no responsibility to return any materials or information I that USER or INSTITUTION may provide. I accept full responsibility for the progress and results of my project(s). THE 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 CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE CORE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIM.

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and developmentYOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. ALL CORE FACILITY SERVICES, DELIVERABLES YOU UNDERSTAND AND REPORTS ARE AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” WITH AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY AND DISCLAIM ALL FAULTSRESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE OR ANY CONTENT THEREON. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANYWE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND THEY HEREBY DISCLAIM ALLOTHER COMMUNICATIONS MAINTAINED IN THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, WARRANTIES OF SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR OUR REPRESENTATIVES, WILL CREATE ANY KINDWARRANTY NOT EXPRESSLY MADE HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESS WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR IMPLIEDPUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, WARRANTIES LOSS OF MERCHANTABILITYDATA, FITNESS FOR A PARTICULAR PURPOSELOSS OF USE, LOSS OF ANTICIPATED SAVINGS, ACCRUED BUT WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR NON-INFRINGEMENTOTHER INTANGIBLE LOSSES, WARRANTIES AS RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE USEFULNESS, QUALITY, ACCURACY, CONDITION SERVICE; (ii) ANY CONDUCT OR BENEFITS CONTENT OF ANY PARTICULAR PROJECT(STHIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY ANY ADVERTISERS OR AFFILIATE ADVERTISING NETWORKS WE COOPERATE WITH, OR ANY OTHER USERS OF THE SERVICE; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE SERVICE OR RELIANCE UPON THE SERVICE OR ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR RESULTSANY OTHER LEGAL THEORY, AND WARRANTIES THAT CORE FACILITY SERVICES WHETHER OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 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 WE KNEW OF OR RELATED OUGHT TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. IN SOME JURISDICTIONS THE FACILITY’S APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR ANY CLAIMS INCIDENTAL OR DAMAGES OF ANY KIND SHALL CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT EXCEED THE AMOUNT ACTUALLY PAID APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FACILITY FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS REMOVES OR SUPERSEDES YOUR RIGHTS AS A CONSUMER BASED ON MANDATORY PROVISIONS OF LAW. PLEASE BE REMINDED THAT WE ARE NOT UNDER ANY CIRCUMSTANCES LIABLE FOR ANY DAMAGES, CLAIMS, LIABILITIES OR COSTS THAT YOU MAY INCUR OR SUFFER IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY ANY THIRD PARTIES 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 OMISSION OF SUCH THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES GIVING RISE TO SUCH A CLAIMSERVICE.

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES FIREFLY AND REPORTS ARE ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE SERVICE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KINDHEREUNDER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONINCLUDING, WARRANTIES BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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 FIREFLY AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, REPRESENTATIONS OR NON-INFRINGEMENTGUARANTEES WITH RESPECT THERETO. THIRD PARTY PRODUCED ITEMS ARE PROVIDED AS IS AND WITHOUT WARRANTY. IN NO EVENT SHALL FIREFLY AND ITS SUPPLIERS (OR ITS AFFILIATES, WARRANTIES AS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) BE LIABLE TO THE USEFULNESSCUSTOMER FOR ANY INDIRECT, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT CONSEQUENTIAL OR PUNITIVE EXEMPLARY DAMAGES, INCLUDING LOST INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, HOWEVER CAUSEDOR LOSS OF CUSTOMERS, CLIENTS OR GOODWILL ARISING OUT OF OR RELATED TO THIS IN ANY MANNER FROM THE AGREEMENT OR THE BREACH HEREOF AND/OR THE PERFORMANCE OF THE SERVICESOR NONPERFORMANCE HEREUNDER, EVEN IF FACILITY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGELOSSES OR DAMAGES, AND REGARDLESS OF THE NATURE OF THE CLAIM OR FORM OF ACTION, WHETHER IN 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, REPAIR, INTERRUPTION, OR RESTORATION OF ANY SUCH SERVICE) OR BREACH OF THE AGREEMENT, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNITY OR STRICT LIABILITY, SHALL BE LIMITED TO A MAXIMUM OF A TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER TO FIREFLY IN THE MOST RECENT THREE MONTH PERIOD HEREUNDER. THE FACILITY’S LIABILITY PROVISIONS OF THIS SECTION 8 CONSTITUTE AN ALLOCATION OF 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 AN EXCLUSIVE OR LIMITED REMEDY OR THE TERMINATION OF THIS AGREEMENT FOR ANY CLAIMS OR DAMAGES REASON. THIS SECTION 8 SURVIVES TERMINATION OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID AGREEMENT. TO THE FACILITY FOR EXTENT THAT SUCH TERMS CONFLICT, THE SERVICES GIVING RISE TERMS OF THIS SECTION 8 CONTROL THE TERMS AND CONDITIONS SET FORTH AT xxx.xxxxxxxxx.xxx WITH RESPECT TO SUCH A CLAIMTHE MATTERS SET FORTH HEREIN.

No Warranty; Limitation of Liability. I acknowledge thatYou agree that The Program, its subsidiaries and affiliates, and each of its officers, directors and employees, along with the provider/host/administrator of the Site/Program ("The Program Parties") are not responsible or liable for any benefits, goods or services provided by participating vendors. If you have any claims relating to such benefits, goods or services provided by a participating vendor, you agree to make your claim against the vendor providing the benefit, good or service. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions. We assume no responsibility for the payment of, or contribution to, any use or sales tax on the benefits, which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain your sole responsibility or that of the provider of the benefits, as the USER, I retain full responsibility for my project progress case may be. This Site/Program is provided on an "as is" and development"as available" basis with no warranties whatsoever. ALL CORE FACILITY SERVICES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KINDWE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES THE WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO USE OF THIS SITE/PROGRAM OR NON-INFRINGEMENTANY OF THE BENEFITS, WARRANTIES AS PRODUCTS OR SERVICES OR RELATED INFORMATION PROVIDED TO YOU FROM THE USEFULNESSPROGRAM OR FROM OUR PARTICIPATING VENDORS. THE PROGRAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BENEFITS, QUALITYPRODUCTS, SERVICES AND MATERIALS FROM THIS SITE/PROGRAM OR THE PARTICIPATING VENDORS IN TERMS OF THEIR CORRECTNESS, ACCURACY, CONDITION RELIABILITY, OR BENEFITS OF OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THIS SITE/PROGRAM OR OUR PARTICIPATING VENDORS SHALL CREATE ANY PARTICULAR PROJECT(S) OR RESULTSWARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY EXCEED YOUR CURRENT ACCOUNT FEE, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 FACILITY WILL NOT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE UNDER TO YOU OR A THIRD PARTY FOR ANY LEGAL THEORY (WHETHER TORTDAMAGES, CONTRACT OR OTHERWISE) FOR SPECIALINCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR 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 THE PROGRAM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FACILITY’S LIABILITY PROGRAM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE/PROGRAM. THE PROGRAM DOES NOT WARRANT THAT THE SITE/PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE/PROGRAM WILL BE UNINTERRUPTED AND ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE/PROGRAM, AND ANY PRODUCTS YOU MAY GET FROM THE SITE/PROGRAM, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS DAMAGES TO YOUR COMPUTER SYSTEM OR DAMAGES LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE/PROGRAM. YOU UNDERSTAND THAT THE PROGRAM AND THE SITE/PROGRAM ARE NOT THE PRODUCERS, FORMULATORS, BOTTLERS, LABELERS, OR FULFILLERS OF ANY KIND SHALL NOT EXCEED PRODUCT YOU MAY ORDER THROUGH THE AMOUNT ACTUALLY PAID SITE/PROGRAM AND, AS SUCH, HAVE NO LIABILITY TO THE FACILITY FOR THE SERVICES GIVING RISE YOU WITH REGARD TO SUCH A CLAIMSAID PRODUCTS, OTHER THAN TO INSURE THAT THEY ARE DELIVERED TO YOU PURSUANT TO YOUR ORDER AND VALID PAYMENT.

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES THE SOFTWARE AND REPORTS ARE SUPPORT IS PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IMPLIED AND INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND KAHALA EXPRESSLY DISCLAIMS THAT THE SOFTWARE AND SUPPORT WILL BE ERROR FREE OR RESOLVE USER’S ISSUES. IN NO EVENT WILL KAHALA, OR NON-INFRINGEMENTANY OF ITS EMPLOYEES, WARRANTIES AS AFFILIATES OR SUBSIDIARIES, BE LIABLE FOR ANY INDIRECT, OR INCIDENTAL DAMAGE TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES SYSTEM. USER AGREES THAT CORE FACILITY SERVICES OR FACILITIES 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 BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 FACILITY WILL NOT KAHALA BE LIABLE UNDER TO USER OR ANY LEGAL THEORY (WHETHER TORTOTHER PERSON FOR ANY INCIDENTAL, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT CONSEQUENTIAL OR PUNITIVE DAMAGESDAMAGES ARISING FROM THIS AGREEMENT, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESSOFTWARE AND ANY SERVICES PROVIDED HEREUNDER, EVEN IF FACILITY KAHALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. THE FACILITY’S KAHALA NEITHER ASSUMES NOR AUTHORIZES ANY PERSON OR ENTITY TO ASSUME FOR KAHALA ANY LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL OBLIGATION NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMSPECIFICALLY SET FORTH HEREIN.

No Warranty; Limitation of Liability. I acknowledge thatUNLESS SPECIFICALLY SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND MONOTYPE OR AS REQUIRED BY LAW, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES THE APPLICATION AND REPORTS ARE THE APPLICATION FONT SOFTWARE IS PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, MONOTYPE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS MAKE NO REPRESENTATION OR NON-INFRINGEMENT, WARRANTIES AS WARRANTY TO YOU THAT YOUR USE OF THE USEFULNESS, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES APPLICATION WILL BE PROVIDED UNINTERRUPTED, TIMELY, SECURE OR COMPLETED ON A PARTICULAR SCHEDULEFREE FROM ERROR. 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 FACILITY IN NO EVENT WILL NOT MONOTYPE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS BE LIABLE UNDER ANY LEGAL THEORY TO YOU OR ANYONE ELSE (WHETHER TORT, CONTRACT OR OTHERWISEI) FOR SPECIAL, INCIDENTAL, ANY CONSEQUENTIAL, INDIRECT INCIDENTAL OR PUNITIVE SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, HOWEVER CAUSEDLOST DATA, ARISING OUT OF LOST BUSINESS OPPORTUNITIES, OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESLOST SAVINGS, EVEN IF FACILITY MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY DAMAGES, OR (II) FOR ANY CLAIMS OR CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE HAS BEEN ADVISED OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO POSSIBILITY OF SUCH A CLAIMDAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any 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, you 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. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Application is non-returnable and nonrefundable.

No Warranty; Limitation of Liability. I acknowledge thatYOUR EXCLUSIVE REMEDY YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, as the USERSOFTWARE, I retain full responsibility for my project progress and developmentAND EQUIPMENT SUPPLIED BY US OR OUR AGENTS, EMPLOYEES OR CONTRACTORS (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “COMPANY”) IS AT YOUR SOLE RISK. ALL CORE FACILITY SERVICESTHE SERVICE, DELIVERABLES EQUIPMENT AND REPORTS SOFTWARE SUPPLIED BY THE COMPANY ARE PROVIDED ON AN “AS IS,” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS EXCLUSION. THE COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USEFULNESSUSE OF THE SERVICE, QUALITYE-MAIL SERVICES, ACCURACYSOFTWARE, CONDITION AND EQUIPMENT, AND/OR BENEFITS ANY BREACH BY US OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL OBLIGATION WE MAY HAVE UNDER THIS AGREEMENT SHALL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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). YOUR ABILITY TO TERMINATE THE FACILITY WILL NOT BE LIABLE SERVICE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT SECTION 10 OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF REPLACEMENT OF ANY DISKETTE OR THE PERFORMANCE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGECABLEAMERICA SUPPLIED EQUIPMENT FOUND TO BE DEFECTIVE. THE FACILITYIN NO EVENT SHALL CABLEAMERICA’S LIABILITY TO YOU, FOR ANY CLAIMS OR DAMAGES CLAIM ARISING OUT OF ANY KIND SHALL NOT THIS SERVICE AGREEMENT, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO ACCESS AND USE THE FACILITY SERVICE WITHIN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. IN NO EVENT SHALL CABLEAMERICA BE LIABLE, EVEN UPON THE FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY, FOR ANY INCIDENTAL, DIRECT, INDIRECT PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY MANNER OUT OF THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF THE SERVICE, E-MAIL SERVICES GIVING RISE TO SUCH A CLAIMOR CABLEAMERICA SUPPLIED SOFTWARE OR EQUIPMENT.

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ANY AND ALL CORE FACILITY SERVICES, DELIVERABLES AND REPORTS PRODUCTS SUPPLIED OR DELIVERED BY MANAGEMENT PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ANY OTHER WARRANTY, EXPRESS OR NON-INFRINGEMENT, WARRANTIES IMPLIED. NEITHER PARTY MAKES ANY WARRANTY OR REPRESENTATION OTHER THAN AS TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE EXPRESSLY PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULEFOR ABOVE. 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 FACILITY WILL MANAGEMENT SHALL NOT BE LIABLE UNDER TO OWNER OR ITS CUSTOMERS FOR ANY LEGAL THEORY (WHETHER TORTLOSS, CONTRACT CLAIM, DAMAGE OR OTHERWISE) FOR SPECIALLIABILITY OF ANY KIND OR NATURE THAT MAY ARISE FROM OR IN CONNECTION WITH ANY SALE OR USE OF THE DELIVERABLES OR PRODUCTS SUPPLIED BY MANAGEMENT, INCIDENTALOR ANY MARIJUANA OR OTHER PRODUCT OR SERVICE OF OWNER, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, OTHERWISE 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 DAMAGEAGREEMENT. THE FACILITY’S LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR EXTENT THE SERVICES GIVING RISE TERMS CONTAINED IN PARAGRAPH 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 SUCH A CLAIMAPPLICABLE LAWS, IF ANY, WHICH PROHIBIT ANY ATTEMPT TO DISCLAIM WARRANTIES WHICH ARE NOT DISCLAIMABLE.

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY BLUEPEAK MAKES NO WARRANTIES ABOUT THE SERVICES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONINCLUDING, WARRANTIES BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BLUEPEAK DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON BLUEPEAK’S BEHALF AND THE CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY OF BLUEPEAK. THIRD-PARTY ITEMS ARE PROVIDED AS IS AND WITHOUT WARRANTY. IN NO EVENT SHALL BLUEPEAK (OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR NON-INFRINGEMENT, WARRANTIES AS AGENTS) BE LIABLE TO THE USEFULNESSCUSTOMER FOR ANY INDIRECT, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT CONSEQUENTIAL OR PUNITIVE EXEMPLARY DAMAGES, INCLUDING LOST INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, HOWEVER CAUSEDOR LOSS OF CUSTOMERS, CLIENTS OR GOODWILL ARISING OUT OF OR RELATED TO IN ANY MANNER FROM THIS AGREEMENT OR THE BREACH HEREOF AND/OR THE PERFORMANCE OF THE SERVICESOR NONPERFORMANCE HEREUNDER, EVEN IF FACILITY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGELOSSES OR DAMAGES, AND REGARDLESS OF THE NATURE OF THE CLAIM OR FORM OF ACTION, WHETHER IN 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, REPAIR, INTERRUPTION, OR RESTORATION OF ANY SUCH SERVICE) OR BREACH OF THIS AGREEMENT, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNITY OR STRICT LIABILITY, SHALL BE LIMITED TO A MAXIMUM OF A TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER TO BLUEPEAK IN THE MOST RECENT THREE-MONTH PERIOD HEREUNDER. THE FACILITY’S LIABILITY PROVISIONS OF THIS SECTION 11 CONSTITUTE AN ALLOCATION OF 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 AN EXCLUSIVE OR LIMITED REMEDY OR THE TERMINATION OF THIS AGREEMENT FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMREASON.

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES AND REPORTS ARE PROVIDED “DEVIANTART PROVIDES THE PRINT PROGRAM ON AN "AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, " AND THEY HEREBY DISCLAIM ALL, WARRANTIES "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, . DEVIANTART AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 FACILITY ITS THIRD PARTY VENDORS WILL NOT BE LIABLE UNDER FOR ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIALINDIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, HOWEVER CAUSED, BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR RELATED TO IN CONNECTION WITH THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESPRINT PROGRAM, EVEN IF FACILITY DEVIANTART HAS BEEN ADVISED OF (OR KNEW OR SHOULD KNOWN OF) THE POSSIBILITY OF SUCH DAMAGEDAMAGES. THE FACILITYIN NO EVENT WILL DEVIANTART’S AGGREGATE LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT TO YOU EXCEED THE AMOUNT ACTUALLY AMOUNTS PAID BY A THIRD PARTY PURCHASER TO THE FACILITY DEVIANTART FOR THE SERVICES GIVING RISE TO SUCH A CLAIMYOUR ARTWORKS. This Agreement, together with the Terms of Service and the Submission Policy are the entire understanding and agreement between you and deviantART as to the subject matter of this Agreement and supersedes all prior proposals, discussions or agreements (oral and written) with respect to this subject matter. The terms of this Agreement are in addition to and supplement the provisions contained in the Terms of Service and the Submission Policy. In the event of a conflict among the provisions contained in the Terms of Service, the Submission Policy and this Agreement, the provisions of this Agreement will control with respect to the Print Program. DeviantART's failure to enforce any right or provision in this Agreement will not be a waiver of that right or provision. If a court should find that one or more provisions contained in this Agreement is invalid, you agree that the remainder of the Agreement will still be enforceable. DeviantART has the right to assign its rights and/or delegate its obligations under this Agreement, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of deviantART. This Agreement is governed by and is to be construed in accordance with the laws of the State of California.

No Warranty; Limitation of Liability. I acknowledge thatTIMBERLINE CANNOT WARRANT THAT WEB HOSTING OR EMAIL OR OTHER INTERNET SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION OR ERROR FREE, as the USER, I retain full responsibility for my project progress and developmentOR MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES PROVIDED. ALL CORE FACILITY SERVICES, DELIVERABLES AND REPORTS THE SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANYBASIS, AND THEY HEREBY DISCLAIM ALL, WITHOUT WARRANTIES OF ANY KIND. ACCORDINGLY, EXPRESS TIMBERLINE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTSPURPOSE AND NONINFRINGEMENT, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 FACILITY WILL SHALL NOT BE LIABLE UNDER TO CUSTOMER FOR ANY LEGAL THEORY (WHETHER TORTDIRECT, CONTRACT OR OTHERWISE) FOR SPECIALINDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE ANY OTHER FORM OF MONEY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITSPROFITS OR LOSS OF DATA OR INFORMATION OF ANY KIND, HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY TIMBERLINE OR THE PROVISION OF SERVICES HEREUNDER, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF TIMBERLINE, STRICT LIABILITY IN TORT OR OTHERWISE, AND WHETHER OR NOT TIMBERLINE HAS BEEN MADE AWARE OF THE POSSIBILITIES OF SUCH DAMAGES. IN THE EVENT OF A SERVICE OUTAGE TIMBERLINE WILL ONLY BE LIABLE FOR THE AMOUNT PAID FOR SERVICE PRORATED FOR THE AMOUNT OF 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 ANY VIOLATION OF LAW, RULE OR REGULATION OR CUSTOMER’S IMPROPER USE OF ANY WEB PAGE OR THE INTERNET OR ANY OTHER BREACH OF 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 CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIMBY CUSTOMER.

No Warranty; Limitation of Liability. I Six Hats reserves the right to modify, suspend, or discontinue the offering of the Six Hats site or Services at any time for any reason without prior notice. Further, while Six Hats 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 Six Hats site or Services. You acknowledge thatthat text messages are transmitted unencrypted and that eavesdropping of communications by third parties is possible. Six Hats recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method. Six Hats shall use commercially reasonable efforts to make access to the Services available through the required access protocols, as but makes no warranty or guarantee that (i) the USERServices 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. Six Hats will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, I retain full responsibility without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in Six Hats offerings made to you, or for my project progress and developmentequipment 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. ALL CORE FACILITY SERVICESNOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, DELIVERABLES THE SIX HATS SITE AND REPORTS SERVICES ARE PROVIDED “AS IS” WITH 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, SIX HATS DOES NOT WARRANT THAT THE USE OF THE SIX HATS SITE 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 SIX HATS BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, SIX HATS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE SIX HATS SITE OR SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. SIX HATS MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, OTHER REPRESENTATIONS AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION RELIABILITY, COMPLETENESS, OR BENEFITS TIMELINESS OF ANY PARTICULAR PROJECT(S) THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR RESULTSLINKS, AND ALL WARRANTIES THAT CORE FACILITY SERVICES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULEUSAGE OF TRADE. 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 FACILITY WILL SIX HATS SHALL NOT BE LIABLE UNDER TO YOU OR TO ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) THIRD PARTY FOR SPECIALANY INDIRECT, INCIDENTAL, CONSEQUENTIALSPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, INDIRECT WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR PUNITIVE DAMAGESLOST BUSINESS, INCLUDING LOST LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, HOWEVER CAUSEDLOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING OUT OF IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR RELATED TO THIS AGREEMENT NEGLIGENCE, OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESOTHER ACTIONS, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. IF YOUR USE OF THE FACILITYSIX HATS SITE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, SIX HATS IS NOT RESPONSIBLE FOR THOSE COSTS. SIX HATS’S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE SIX HATS SITE OR SERVICES FOR ANY CLAIMS OR DIRECT DAMAGES OF ANY KIND SHALL NOT NOT, IN THE AGGREGATE, EXCEED THE AN AMOUNT ACTUALLY PAID EQUAL TO THE FACILITY FOR THE SERVICES GIVING RISE MONTHLY TRANSACTION FEE PAID BY YOU TO SUCH A CLAIMSIX HATS HEREUNDER.

No Warranty; Limitation of Liability. I acknowledge thatYOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT YOUR INTERNET CONNECTION OR FILES AVAILABLE THROUGH THE DASHBOARD OR DOWNLOADED THROUGH THE INTERNET WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, as the USERAND FOR MAINTAINING A MEANS EXTERNAL TO OUR DASHBOARD FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, I retain full responsibility for my project progress and developmentWE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A 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 OR ITEMS OBTAINED THROUGH THE DASHBOARD OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE DASHBOARD, OR ON ANY WEBDASHBOARD LINKED TO IT. THE DASHBOARD AND ALL CORE FACILITY SERVICESMATERIALS, DELIVERABLES INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND REPORTS SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DASHBOARD ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES “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, INCLUDING 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, OR NON-AND NON- INFRINGEMENT, WARRANTIES AS . YOUR USE OF THE DASHBOARD IS AT YOUR OWN RISK. ACCESS TO THE USEFULNESSDASHBOARD MAY BE INTERRUPTED AND THE MATERIALS, QUALITYINFORMATION, ACCURACYSOFTWARE, CONDITION PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR BENEFITS 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 PROJECT(S) TIME OR RESULTSLOCATION; 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 WARRANTIES THAT CORE FACILITY SERVICES INCLUDED IN OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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). AVAILABLE THROUGH THE FACILITY WILL NOT DASHBOARD BE LIABLE UNDER FOR ANY LEGAL THEORY (WHETHER TORTDIRECT, CONTRACT OR OTHERWISE) FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, DAMAGES ARISING OUT OF OR RELATED IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO THIS AGREEMENT 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 THE ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH HEREOF OF CONTRACT, OR THE PERFORMANCE OF THE SERVICESOTHERWISE, EVEN IF FACILITY HAS 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 DAMAGEDAMAGES. IN THE FACILITY’S EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, THE LIABILITY FOR OF BIOREFERENCE, ITS SUPPLIERS AND ITS VENDORS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 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 OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID RELATED TO THE FACILITY FOR ESTABLISHMENT OR PERFORMANCE OF THE SERVICES GIVING RISE DASHBOARD SHALL BE BROUGHT TO SUCH A CLAIMTHE ATTENTION OF BIOREFERENCE.

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES CUSTOMER AGREES THAT THE SERVICES AND REPORTS EQUIPMENT ARE PROVIDED “BY CABLE ON AN "AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, " AND THEY HEREBY DISCLAIM ALL, "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABLILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR NON-INFRINGEMENTMODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE PARTIES MAKE NO WARRANTY THAT THE 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 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 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 MISTAKE, 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 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 OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART OF CUSTOMER EQUIPMENT. THE SERVICE PARTIES MAKE NO WARRANTY AS TO THE USEFULNESSSECURITY OF CUSTOMER'S COMMUNICATIONS VIA CABLE'S FACILITIES OR SERVICES, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR RESULTS, MONITOR CUSTOMER'S COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE CUSTOMER'S COMMUNICATIONS AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 FACILITY EITHER SERVICE PARTY WILL NOT BE LIABLE UNDER FOR ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) Loss ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK 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 CUSTOMER'S USE OF THE SERVICESSERVICES AND/OR EQUIPMENT, EVEN IF FACILITY HAS BEEN ADVISED OF EACH SERVICE PARTY'S LIABILITY IS LIMITED TO THE POSSIBILITY OF SUCH DAMAGEGREATEST EXTENT ALLOWED BY LAW. THE FACILITY’S IN NO EVENT SHALL LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED THE FACILITY RESPECTIVE SERVICES PARTY'S WILLFULL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE SERVICES GIVING RISE TO SUCH A CLAIMMAXIMUM CREDIT.

No Warranty; Limitation of Liability. I acknowledge thatCareerHub reserves the right to modify, as suspend, or discontinue the USERoffering of any of the CareerHub Sites or Services at any time for any reason without prior notice. Further, I retain full responsibility 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 my project progress and developmentbreaches 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. ALL CORE FACILITY SERVICESCareerHub shall use commercially reasonable efforts to make access to the Services available through the required access protocols, DELIVERABLES 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 REPORTS SERVICES ARE PROVIDED “AS IS” WITH 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 HEREBY DISCLAIMS ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, OTHER REPRESENTATIONS AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION RELIABILITY, COMPLETENESS, OR BENEFITS TIMELINESS OF ANY PARTICULAR PROJECT(S) THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR RESULTSLINKS, AND ALL WARRANTIES THAT CORE FACILITY SERVICES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULEUSAGE OF TRADE. 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 FACILITY WILL CAREERHUB SHALL NOT BE LIABLE UNDER TO YOU OR TO ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) THIRD PARTY FOR SPECIALANY INDIRECT, INCIDENTAL, CONSEQUENTIALSPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, INDIRECT WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR PUNITIVE DAMAGESLOST BUSINESS, INCLUDING LOST LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, HOWEVER CAUSEDLOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING OUT OF IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR RELATED TO THIS AGREEMENT NEGLIGENCE, OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESOTHER ACTIONS, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. IF YOUR USE OF THE FACILITYCAREERHUB SITES OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, CAREERHUB IS NOT RESPONSIBLE FOR THOSE COSTS. CAREERHUB’S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE CAREERHUB SITES OR SERVICES FOR ANY CLAIMS OR DIRECT DAMAGES OF ANY KIND SHALL NOT NOT, IN THE AGGREGATE, EXCEED THE AN AMOUNT ACTUALLY PAID EQUAL TO THE FACILITY FOR THE SERVICES GIVING RISE MONTHLY TRANSACTION FEE PAID BY YOU TO SUCH A CLAIMCAREERHUB HEREUNDER.

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES AND REPORTS ARE THE SOFTWARE IS PROVIDED “AS AS-IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KINDSILEX MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT, WARRANTIES AS TO AND YOU USE THE USEFULNESSSOFTWARE AT YOUR OWN RISK. NOTWITHSTANDING ANY OTHER AGREEMENT BETWEEN THE PARTIES, QUALITY, ACCURACY, CONDITION SILEX SHALL HAVE NO INDEMNIFICATION OR BENEFITS DEFENSE OBLIGATIONS ARISING FROM THE SOFTWARE OR ANY OUTPUT OR RESULTS BASED ON THE USE OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULETHE SOFTWARE. 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 FACILITY SILEX WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY (WHETHER TORTFOR ANY DAMAGES OF ANY KIND, CONTRACT OR OTHERWISE) FOR SPECIALDIRECT, INCIDENTALINDIRECT, CONSEQUENTIAL, INDIRECT SPECIAL, PUNITIVE OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSEDOTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR IN CONNECTION WITH THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESSOFTWARE. SILEX’S TOTAL, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY CUMULATIVE LIABILTY FOR ANY CLAIMS CLAIM OR DAMAGES CAUSE OF ANY KIND SHALL ACTION ARISING HERE UNDERWILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY AMOUNTS RECEIVED BY SILEX FOR THE SERVICES GIVING RISE SOFTWARE PROVIDED TO SUCH LICENSEE HEREUNDER. THESE LIMITATIONS AND DISCLAIMERS REFLECT THE PARTIES’ REASONABLE ALLOCATION OF THE RISKS ASSOCIATED WITH ANY PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT, AND ARE INCLUDED IN THIS AGREEMENT AS A CLAIMMATERIAL INDUCEMENT FOR SILEX TO ENTER INTO THIS AGREEMENT.

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES THE TECHNOLOGY AND REPORTS SUPPORT TOOLS ARE PROVIDED “AS AS-IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KINDSUBLICENSOR MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT, WARRANTIES AS TO AND YOU USE THE USEFULNESSTECHNOLOGY AND SUPPORT TOOLS AT YOUR OWN RISK. NOTWITHSTANDING ANY OTHER AGREEMENT BETWEEN THE PARTIES, QUALITYSUBLICENSOR, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTSSUBLICENSOR’S AFFILIATES, AND WARRANTIES THAT CORE FACILITY SERVICES SUBLICENSOR’S LICENSORS SHALL HAVE NO INDEMNIFICATION OR FACILITIES WILL BE PROVIDED DEFENSE OBLIGATIONS ARISING FROM THE TECHNOLOGY, SUPPORT TOOLS OR COMPLETED ANY OUTPUT OR RESULTS BASED ON A PARTICULAR SCHEDULETHE USE OF THE TECHNOLOGY OR SUPPORT TOOLS. 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 FACILITY SUBLICENSOR, SUBLICENSOR’S AFFILIATES AND SUBLICENSOR’S LICENSORS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY (WHETHER TORTFOR ANY DAMAGES OF ANY KIND, CONTRACT OR OTHERWISE) FOR SPECIALDIRECT, INCIDENTALINDIRECT, CONSEQUENTIAL, INDIRECT SPECIAL, PUNITIVE OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSEDOTHERWISE, ARISING OUT OF IN CONNECTION WITH THE TECHNOLOGY OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICESSUPPORT TOOLS. SUBLICENSOR, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITYSUBLICENSOR’S LIABILITY AFFILIATES’ AND SUBLICENSOR’S LICENSORS’ TOTAL, CUMULATIVE LIABILTY FOR ANY CLAIMS CLAIM OR DAMAGES CAUSE OF ANY KIND SHALL ACTION ARISING HEREUNDER WILL NOT EXCEED THE AMOUNT ACTUALLY PAID LESSER OF: (I) THE AMOUNTS RECEIVED BY QCA FOR ANY TECHNOLOGY OR SUPPORT TOOLS PROVIDED TO SUBLICENSEE HEREUNDER, OR (II) ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS AND DISCLAIMERS REFLECT THE FACILITY PARTIES’ REASONABLE ALLO- CATION OF THE RISKS ASSOCIATED WITH ANY PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT, AND ARE INCLUDED IN THIS AGREEMENT AS A MATERIAL INDUCEMENT FOR THE SERVICES GIVING RISE TO SUCH A CLAIMSUBLICENSORTO ENTER INTO THIS AGREEMENT.

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 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 CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIM. Payment I acknowledge my responsibility to ensure my INSTITUTION promptly processes payment to the UNIVERSITY for purchases, materials costs, and 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. I acknowledge thatCOMPANY EQUIPMENT AND THE SERVICE(S) INCLUSIVE OF THE VOICE SERVICES PROVIDED BY CONEXON CONNECT, as the USER, I retain full responsibility for my project progress and developmentLLC. ALL CORE FACILITY SERVICES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS,” WITH ALL FAULTSWITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CORE FACILITY COMPANY NOR UNIVERSITY MAKES ANYOUR AFFILIATES, 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 THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONINCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITYPERFORMANCE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR NON-INFRINGEMENT, WARRANTIES AS RESTRICTED BY APPLICABLE LAW. COMPANY’S AND CONEXON CONNECT’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION USE OF THE SERVICES OR BENEFITS ANY BREACH BY COASTCONNECT OR CONEXON CONNECT OF ANY PARTICULAR PROJECT(SOBLIGATION 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 AND WITHOUT WARRANTY. IN NO EVENT SHALL COASTCONNECT AND CONEXON CONNECT, LLC AND ITS SUPPLIERS (OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. 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 FACILITY WILL NOT BE LIABLE UNDER TO THE CUSTOMER FOR ANY LEGAL THEORY (WHETHER TORTPUNITIVE, CONTRACT OR OTHERWISE) FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT CONSEQUENTIAL OR PUNITIVE EXEMPLARY DAMAGES, INCLUDING LOST INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, HOWEVER CAUSEDOR LOSS OF CUSTOMERS, CLIENTS OR GOODWILL ARISING OUT OF OR RELATED TO THIS IN ANY MANNER FROM THE AGREEMENT OR THE BREACH HEREOF AND/OR THE PERFORMANCE OF THE SERVICESOR NONPERFORMANCE HEREUNDER, EVEN IF FACILITY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGELOSSES OR DAMAGES, AND REGARDLESS OF THE NATURE OF THE CLAIM OR FORM OF ACTION, WHETHER IN CONTRACT OR TORT INCLUDING NEGLIGENCE. THE FACILITY’S IN NO EVENT, SHALL COASTCONNECT LIABILITY OR CONEXON CONNECT TO CUSTOMER FOR ANY CLAIMS OR DAMAGES CLAIM ARISING OUT OF ANY KIND SHALL NOT THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID TO BY THE FACILITY FOR CUSTOMER DURING THE SERVICES GIVING RISE TO SUCH A CLAIMPRECEDING 30 DAY PERIOD.