Common use of Trademark Clause in Contracts

Trademark. You acknowledge that the Frazil trademark is a federally registered trademark and can only be used for the sale and distribution of the Frazil Products. All marketing materials, advertising materials or printed cups bearing the Frazil trademark must be provided by Us or approved by Us in writing. You acknowledge that federal trademark law gives Us the right to control the nature and quality of the products associated with the trademark and agree to allow Us to conduct the necessary inspections, tests and audits to ensure compliance with the standards specified by Us. You are not entitled, either by implication or otherwise, to any title or interest in any trademark, trade name, logo, design, or copyright materials created by Us. In the event that You ever discontinue selling the Frazil Product You agree to remove and destroy all Frazil branding and marketing materials from the Location(s) listed in Exhibit A. You further agree that you will not alter or remove the Frazil trademark from the machines or other Frazil products provided to You, nor rebrand or use any trademark other than Frazil in connection with the use and operation of the machines and other Frazil products; PRODUCT WARRANTY. We represent and warrant that the Products provided by Us complies with Federal, State, and Local laws and will be of merchantable quality. If any Products do not conform to such warranty and You report such nonconformity to Us within ten (10) days of delivery, we will replace the nonconforming Product, through the Distributor without cost to You. Any liability for consequential and incidental damages is expressly disclaimed. Our liability in all events is limited to the purchase price paid; MACHINE OWNERSHIP. We maintain ownership of the Xxxx Ultra-2 Machine(s) provided to You and ownership NEVER transfers to You without a written sales agreement. We maintain the right to remove the machine(s) from Your location(s) for any reason. In the event that We deem it necessary to remove the machine(s), You agree to not impede or restrict the removal; The machine(s) may not be relocated or removed from the Location(s) without written consent from Us. The machine(s) may not be sold, bartered or rented. You agree to notify Us immediately of any Location(s) that are closing or transferring ownership; You also agree to inform the purchasing party of the location that the machine(s) are owned by Us, and not included as part of the sales/transfer of ownership of the store; and You acknowledge that failure to inform the new store owner of Our ownership of the machine is a misrepresentation of machine ownership status to the store owner;

Trademark. You acknowledge that the Frazil, Frazil trademark is a Energy and Café Tango trademarks are federally registered trademark trademarks and can only be used for the sale and distribution of the Frazil Products. All marketing materials, advertising materials or printed cups bearing the Frazil, Frazil trademark Energy or Café Tango trademarks must be provided by Us or approved by Us in writing. You acknowledge that federal trademark law gives Us the right to control the nature and quality of the products associated with the trademark and agree to allow Us to conduct the necessary inspections, tests and audits to ensure compliance with the standards specified by Us. You are not entitled, either by implication or otherwise, to any title or interest in any trademark, trade name, logo, design, or copyright materials created by Us. In the event that You ever discontinue selling the Frazil Product You agree to remove and destroy all Frazil, Frazil Energy and Café Tango branding and marketing materials from the Location(s) listed in Exhibit A. You further agree that you will not alter or remove the Frazil, Frazil trademark Energy and Café Tango trademarks from the machines or other Frazil Freezing Point products provided to You, nor rebrand or use any trademark other than Frazil, Frazil Energy and Café Tango in connection with the use and operation of the machines and other Frazil Freezing Point products; PRODUCT WARRANTY. We represent and warrant that the Products provided by Us complies with Federal, State, and Local laws and will be of merchantable quality. If any Products do not conform to such warranty and You report such nonconformity to Us within ten (10) days of delivery, we will replace the nonconforming Product, through the Distributor without cost to You. Any liability for consequential and incidental damages is expressly disclaimed. Our liability in all events is limited to the purchase price paid; MACHINE OWNERSHIP. We maintain ownership of the Xxxx Ultra-2 Ultra Machine(s) provided to You and ownership NEVER transfers to You without a written sales agreement. We maintain the right to remove the machine(s) from Your location(s) for any reason. In the event that We deem it necessary to remove the machine(s), You agree to not impede or restrict the removal; The machine(s) may not be relocated or removed from the Location(s) without written consent from Us. The machine(s) may not be sold, bartered or rented. You agree to notify Us immediately of any Location(s) that are closing or transferring ownership; You also agree to inform the purchasing party of the location that the machine(s) are owned by Us, and not included as part of the sales/transfer of ownership of the store; and You acknowledge that failure to inform the new store owner of Our ownership of the machine is a misrepresentation of machine ownership status to the store owner;

Trademark. You acknowledge that 6.01 If and when SENJU and ISTA discuss the Frazil trademark is a federally registered trademark and can only to be used for in connection with the sale and distribution marketing of the Frazil ProductsPreparation by ISTA, SENJU shall submit to ISTA, a list of [ * ] Trademarks for ISTA’s selection. All ISTA shall have the right, at its option but not obligation, to use the [ * ] Trademark subject to the royalty obligation in accordance with Paragraph 8.01(ii) (b). If ISTA decides to use [ * ] Trademark, SENJU shall have [ * ], at [ * ]’s cost and risk, file to obtain the registration of the [ * ] Trademark in ISTA Territory, and thereafter shall have [ * ] maintain the [ * ] Trademark in ISTA Territory. ISTA agrees that in using [ * ]’s Trademark upon the Preparation, it will not represent in any way that it has any right or title to the ownership of [ * ] Trademark or the registration thereof, and the registration will remain in the ownership of [ * ]. 6.02 Notwithstanding Paragraph 6.01, ISTA shall have the right, to select the ISTA Trademark to be used in connection with the marketing materialsof the Preparation by ISTA in ISTA Territory subject to obtaining prior written approval of SENJU, advertising materials or printed cups bearing such approval not to be unreasonably withheld. In this case, ISTA shall, at its sole cost and risk, and at its option (after discussion with SENJU), file to obtain the Frazil trademark must registration of the ISTA Trademark in ISTA Territory, and thereafter maintain the ISTA Trademark in ISTA Territory. Any ISTA Trademark submitted by ISTA to SENJU for use in ISTA Territory shall be provided by Us or deemed approved by Us in writing. You acknowledge that federal trademark law gives Us the right SENJU [ * ] after its submission, unless ISTA receives from SENJU written objection to control the nature and quality of the products associated with the trademark and agree to allow Us to conduct the necessary inspections, tests and audits to ensure compliance with the standards specified by Us. You are not entitled, either by implication or otherwise, to any title or interest in any trademark, trade name, logo, design, or copyright materials created by Us. such ISTA Trademark within such [ * ] period. 6.03 In the event that You ever discontinue selling the Frazil Product You agree SENJU, SENJU Licensee, SENJU Subsidiary, [ * ] [ * ] desire to remove and destroy all Frazil branding and marketing materials from the Location(s) listed use ISTA Trademark in Exhibit A. You further agree that you will not alter certain countries or remove the Frazil trademark from the machines or other Frazil products provided to Youareas outside ISTA Territory, nor rebrand or ISTA shall discuss with SENJU and/or [ * ] for their use any trademark other than Frazil in connection with the use and operation of the machines language corresponding to ISTA Trademark in such countries or areas and the form of compensation to ISTA and other Frazil products; PRODUCT WARRANTY. We represent and warrant that the Products provided by Us complies with Federal, State, and Local laws and will be of merchantable quality. If any Products do not conform to license terms for such warranty and You report such nonconformity to Us within ten (10) days of delivery, we will replace the nonconforming Product, through the Distributor without cost to You. Any liability for consequential and incidental damages is expressly disclaimed. Our liability in all events is limited to the purchase price paid; MACHINE OWNERSHIP. We maintain ownership of the Xxxx Ultra-2 Machine(s) provided to You and ownership NEVER transfers to You without a written sales agreement. We maintain the right to remove the machine(s) from Your location(s) for any reason. In the event that We deem it necessary to remove the machine(s), You agree to not impede or restrict the removal; The machine(s) may not be relocated or removed from the Location(s) without written consent from Us. The machine(s) may not be sold, bartered or rented. You agree to notify Us immediately of any Location(s) that are closing or transferring ownership; You also agree to inform the purchasing party of the location that the machine(s) are owned by Us, and not included as part of the sales/transfer of ownership of the store; and You acknowledge that failure to inform the new store owner of Our ownership of the machine is a misrepresentation of machine ownership status to the store owner;use.

Trademark. You acknowledge that the Frazil trademark is a federally registered trademark and can only be used for the sale and distribution of the Frazil Products. All marketing materials, advertising materials or printed cups bearing the Frazil trademark must be provided by Us Us, or approved by Us in writing. You acknowledge that federal trademark law gives Us the right to control the nature and quality of the products associated with the trademark and agree to allow Us to conduct the necessary inspections, tests and audits to ensure compliance with the standards specified by Us. You are not entitled, either by implication or otherwise, to any title or interest in any trademark, trade name, logo, design, or copyright materials created by Us. In the event that You ever discontinue selling the Frazil Product You agree to remove and destroy all Frazil branding and marketing materials from the Location(s) listed in Exhibit A. You further agree that you will not alter or remove the Frazil trademark from the machines or other Frazil products provided to You, nor rebrand or use any trademark other than Frazil in connection with the use and operation of the machines and other Frazil products; PRODUCT WARRANTY. We represent and warrant that the Products provided by Us complies with Federal, State, and Local laws and will be of merchantable quality. If any Products do not conform to such warranty and You report such nonconformity to Us within ten (10) days of delivery, we We will replace the nonconforming Product, through the Distributor without cost to You. Any liability for consequential and incidental damages is expressly disclaimed. Our liability in all events is limited to the purchase price paid; MACHINE OWNERSHIP. We maintain ownership of the Xxxx Ultra-2 Machine(s) provided to You and ownership NEVER transfers to You without a written sales agreement. We maintain the right to remove the machine(s) from Your location(s) for any reason. In the event that We deem it necessary to remove the machine(s), You agree to not impede or restrict the removal; The machine(s) may not be relocated relocated, or removed from the Location(s) without written consent from Us. The machine(s) may not be sold, bartered bartered, rented or rentedsub-leased. You agree to notify Us immediately of any Location(s) that are closing or transferring ownership; DAMAGE, THEFT OR LOSS. In the event of damage, theft or loss, You also agree are responsible to inform pay Us the purchasing party full replacement value of the location that the machine(s) are owned by Us, and not included as part of the sales/transfer of ownership of the store; and You acknowledge that failure to inform the new store owner of Our ownership of the machine is a misrepresentation of machine ownership status to the store ownerprovided;

Trademark. You acknowledge that 6.1. SIRION shall market and distribute the Frazil trademark is a federally registered trademark PRODUCT in the TERRITORY exclusively under the TRADEMARK and can only be used for the sale and distribution of the Frazil Products. All marketing materials, advertising materials or printed cups bearing the Frazil trademark must be provided by Us or approved by Us in writing. You acknowledge that federal trademark law gives Us the right to control the nature and quality of the products associated with the trademark and agree to allow Us to conduct the necessary inspections, tests and audits to ensure compliance with the standards specified by Us. You are shall not entitled, either by implication or otherwise, to any title or interest in any trademark, trade name, logo, design, or copyright materials created by Us. In the event that You ever discontinue selling the Frazil Product You agree to remove and destroy all Frazil branding and marketing materials from the Location(s) listed in Exhibit A. You further agree that you will not alter or remove the Frazil trademark from the machines or other Frazil products provided to You, nor rebrand or use any other trademark other than Frazil in connection with the use and operation PRODUCT; provided, however, that if (i) THEA determines that VIRGAN® is not suitable for marketing the PRODUCT in the TERRITORY on the basis of objections of the machines FDA or the US Patent and other Frazil products; Trademark Office and THEA substitutes an alternative trademark in consultation with SIRION or (ii) SIRION provides to THEA sufficient evidence that VIRGAN® is not a commercially suitable trademark for the marketing of the PRODUCT WARRANTYin the TERRITORY and submits to THEA a concrete proposal for an alternative trademark which is suitable for the marketing and sale of the PRODUCT in the TERRITORY and which is available to be registered in THEA’s name for use in the TERRITORY, then THEA shall in either case register the alternative trademark which shall be the trademark licensed to SIRION. 6.2. We represent In consideration of the grant of the right and warrant license to use the TRADEMARK in connection with SIRION’s distribution and sale of the PRODUCT in the TERRITORY, SIRION shall pay to THEA a trademark royalty of [ * * * ] of NET SALES in the TERRITORY (the “TRADEMARK ROYALTY”) as provided for in Section 2.5 above. 6.3. SIRION shall use commercially reasonable efforts to market and distribute the PRODUCT in the TERRITORY under the TRADEMARK entirely at its own cost and expense. 6.4. SIRION agrees that the Products provided by Us complies TRADEMARK remains the sole and exclusive property of THEA and that it shall not acquire any rights whatsoever to the TRADEMARK other than the rights granted hereby. 6.5. THEA grants to SIRION the exclusive right and license to use the TRADEMARK in the TERRITORY exclusively for the preparation in finished form, sale and marketing of the PRODUCT in the TERRITORY and for no other purpose. 6.6. SIRION shall not register any trademark, in any way, which might conflict with Federal, State, and Local laws or imitate the TRADEMARK and will be do nothing which could diminish the value of merchantable qualitythe TRADEMARK. 6.7. If SIRION undertakes to discontinue immediately the use of the TRADEMARK upon expiration or termination of this AGREEMENT for any Products do reason whatsoever and to destroy all documents including but not conform to such warranty and You report such nonconformity to Us within ten (10) days of delivery, we will replace the nonconforming Product, through the Distributor without cost to You. Any liability for consequential and incidental damages is expressly disclaimed. Our liability in all events is limited to the purchase price paid; MACHINE OWNERSHIP. We maintain ownership of the Xxxx Ultra-2 Machine(s) provided to You and ownership NEVER transfers to You without marketing material, booklets, other branded material, packing material, labels and/or any electronic document making a written sales agreement. We maintain the right to remove the machine(s) from Your location(s) for any reason. In the event that We deem it necessary to remove the machine(s), You agree to not impede or restrict the removal; The machine(s) may not be relocated or removed from the Location(s) without written consent from Us. The machine(s) may not be sold, bartered or rented. You agree to notify Us immediately of any Location(s) that are closing or transferring ownership; You also agree to inform the purchasing party of the location that the machine(s) are owned by Us, and not included as part of the sales/transfer of ownership of the store; and You acknowledge that failure to inform the new store owner of Our ownership of the machine is a misrepresentation of machine ownership status reference to the store owner;TRADEMARK.

Trademark. The Company’s name, the Company’s logo, brand, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You acknowledge must not use such marks without the prior written permission of the Company. All other names, logos, branding, product and service names, designs, and slogans on the Services are the trademarks of their respective owners. C opyright Infringement We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Frazil trademark Services, including any User Contribution, violates your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to the copyright agent designated below. All written notices must comply with Section 512(c)(3) of the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”). Our designated copyright agent to receive DMCA notices is: Attention: Mappy Copyright Agent 0000 Xxxxxxx Xxxxxx #000 Xxxxxxxx, Xxxxxx 00000 i xxx@xxxxxxx.xx If you fail to comply with the requirements of the DMCA, your notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is a federally registered trademark infringing your copyright, you may be held liable for damages (including costs and can only attorneys’ fees) under Section 512(f) of the DMCA. It is the policy of the Company to terminate the user accounts of repeat infringers. R eliance on Information Posted The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be used informed of any of its contents. The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the sale content or accuracy of any materials provided by any third parties. ALL LOCATIONS ARE APPROXIMATE INCLUDING USER LOCATION, SKI RUNS, LIFTS, BUILDINGS, RESORT BOUNDARIES, AMENITIES, AND LOCATOR AND ROUTING SERVICES. THE INFORMATION PROVIDED ON THE SERVICES IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED AT THE ACTUAL RESORT, MOUNTAIN, AND/OR SLOPE. IN THE EVENT THAT THE INFORMATION PRESENTED AT THE RESORT, MOUNTAIN, AND/OR SLOPE DIFFERS FROM THE INFORMATION PROVIDED ON THE SERVICES, YOU MUST NOT RELY ON THE SERVICES. I nformation About You and distribution Your Use of the Frazil ProductsServices All information we collect through the Services is subject to our Privacy Policy, available at xxxxx://xxx.xxxxxxx.xx/privacy. All marketing materialsBy using the Services, advertising materials or printed cups bearing the Frazil trademark must be provided you consent to all actions taken by Us or approved by Us us with respect to your information in writing. You acknowledge that federal trademark law gives Us the right to control the nature and quality of the products associated with the trademark and agree to allow Us to conduct the necessary inspections, tests and audits to ensure compliance with the standards specified by UsPrivacy Policy. L imitation of Liability; Warranty THERE ARE INHERENT DANGERS AND RISKS WHEN SKIING AND YOU SHOULD ALWAYS USE THE SERVICES IN A SAFE AND REASONABLE MANNER. DO NOT LOOK AT YOUR PHONE WHILE YOU ARE SKIING AND ALWAYS BE MINDFUL OF YOUR SURROUNDINGS. USE OF THE SERVICES WHILE SKIING IS STRICTLY FORBIDDEN UNLESS (A) YOU HAVE ENABLED NAVIGATION GUIDANCE VIA AUDIO AND ARE NOT LOOKING AT YOUR PHONE OR (B) YOU HAVE STOPPED IN AN APPROPRIATE, SAFE, AND PERMITTED LOCATION. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, OWNERS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE COMPANY PROVIDES THE SERVICES AND CONTENT ON THE SERVICES FOR USE ON AN “AS IS,” ‘WHERE IS,” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THERE IS NO WARRANTY WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, USAGE, WORKMANSHIP, QUALITY, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE, AND ANY AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. Additionally, the Company disclaims any warranties relating to the accuracy of the maps, content, mountain conditions, or navigation routes presented or displayed on the Services. Such errors and omissions are inherent to any service that operates on submitted and/or provided information. THE INFORMATION PROVIDED ON THE SERVICES IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED AT THE ACTUAL RESORT, MOUNTAIN, AND/OR SLOPE. IN THE EVENT THAT THE INFORMATION PRESENTED AT THE RESORT, MOUNTAIN, AND/OR SLOPE DIFFERS FROM THE INFORMATION PROVIDED ON THE SERVICES, YOU MUST NOT RELY ON THE SERVICES. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are not entitled, either by implication or otherwise, responsible for implementing sufficient procedures and checkpoints to any title or interest in any trademark, trade name, logo, design, or copyright materials created by Us. In the event that You ever discontinue selling the Frazil Product You agree to remove satisfy your particular requirements for anti-virus protection and destroy all Frazil branding accuracy of data input and marketing materials from the Location(s) listed in Exhibit A. You further agree that you will not alter or remove the Frazil trademark from the machines or other Frazil products provided to You, nor rebrand or use any trademark other than Frazil in connection with the use and operation of the machines and other Frazil products; PRODUCT WARRANTY. We represent and warrant that the Products provided by Us complies with Federal, Stateoutput, and Local laws and will be of merchantable quality. If any Products do not conform to such warranty and You report such nonconformity to Us within ten (10) days of delivery, we will replace the nonconforming Product, through the Distributor without cost to You. Any liability for consequential and incidental damages is expressly disclaimed. Our liability in all events is limited maintaining a means external to the purchase price paid; MACHINE OWNERSHIP. We maintain ownership of the Xxxx Ultra-2 Machine(s) provided to You and ownership NEVER transfers to You without a written sales agreement. We maintain the right to remove the machine(s) from Your location(s) Services for any reason. In the event that We deem it necessary to remove the machine(s), You agree to not impede or restrict the removal; The machine(s) may not be relocated or removed from the Location(s) without written consent from Us. The machine(s) may not be sold, bartered or rented. You agree to notify Us immediately reconstruction of any Location(s) that are closing or transferring ownership; You also agree to inform the purchasing party of the location that the machine(s) are owned by Uslost data. TO THE FULLEST EXTENT PROVIDED BY LAW, and not included as part of the sales/transfer of ownership of the store; and You acknowledge that failure to inform the new store owner of Our ownership of the machine is a misrepresentation of machine ownership status to the store owner;WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.