Common use of Warranties and Disclaimers Clause in Contracts

Warranties and Disclaimers. (A) THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) THE SERVICE IS 7.1 Each party represents and warrants that it has full power and authority to enter into these Master Terms. 7.2 ALL TA MATERIALS THAT MAY BE PROVIDED ON AN “BY TRIPADVISOR ARE PROVIDED "AS IS” BASIS ". TRIPADVISOR EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OBLIGATIONS AND USE OF LIABILITIES ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, TA MATERIALS AND HEREBY DISCLAIMS, ANY OTHER SERVICES PROVIDED UNDER THESE MASTER TERMS AND ALL EXPRESS AND/OR IMPLIED WARRANTIESANY COMMERCIAL AGREEMENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, PERFORMANCE OR DEALING OR USAGE OF TRADE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT OF NON- INFRINGEMENT OR TITLE. 7.3 TRIPADVISOR MAKES NO REPRESENTATION THAT THE SERVICE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE, AND TRIPADVISOR WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR COMPLETELY SECUREERRORS (INCLUDING ANY LOST DATA). (B) TELANIA DOES NOT 7.4 TRIPADVISOR REPRESENTS THAT IT WILL COMPLY WITH ITS MODERATION GUIDELINES, AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART OTHER POLICIES POSTED ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMESTRIPADVISOR SITE, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET AS MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS UPDATED FROM TIME TO TIME, AS IT DEEMS APPROPRIATE WELL AS THE TAKE DOWN REQUIREMENTS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT WITH RESPECT TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESINFRINGING CONTENT. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. 11.1 RIB CCS undertakes that the Candy System will materially function and/or perform as it usually does within the Cloud Services Platform. The Client’s sole and exclusive remedy for a breach of this undertaking shall be to terminate the Agreement as per clause 2 and (Aat Client’s option, at a cost to be agreed between the Parties) to convert the Candy System to a single User on a single computer physically installed. 11.2 EXCEPT AS DESCRIBED IN THIS AGREEMENT THE CLOUD SERVICE PLATFORM IS PROVIDED ON AN “AS IS.” BASIS TO THE EXTENT PERMITTED BY APPLICABLE LAW. RIB CCS, ITS AFFILIATES, THE PLATFORM PROVIDER AND USE ANY RESPECTIVE THIRD PARTY SERVICE OR DATA PROVIDERS, DISTRIBUTORS OR SUPPLIERS (a) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, CLOUD SERVICES PLATFORM AND HEREBY DISCLAIMS, ANY AND (b) DISCLAIM ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLENON-INFRINGEMENT, AND ANY WARRANTIES OR QUIET ENJOYMENT, (II) ARISING FROM OUT OF ANY COURSE OF DEALINGDEALING OR USAGE OF TRADE, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT (III) THAT THE SERVICE CLOUD SERVICES PLATFORM WILL BE UNINTERRUPTED, ERROR-FREEERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR COMPLETELY SECURENOT OTHERWISE LOST OR ALTERED. (B) TELANIA DOES 11.3 WITHOUT LIMITING THE FOREGOING, INTERNET SPEEDS AND CONNECTIVITY, TRANSMISSION QUALITY, NETWORK SECURITY OR RELIABILITY ARE NOT THE RESPONSIBILITY OF RIB CCS AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER ARE NOT GUARANTEED IN ANY WAY WHATSOEVER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED CLIENT AGREES THAT ITS USE AND OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION ACCESS TO THE INTERNET CANDY SYSTEM AND/OR CLOUD SERVICES PLATFORM MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE SUBJECT TO AVOID LIMITATIONS, DELAYS AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATION FACILITIES. 11.4 SAVE WHERE RIB CCS IS IN BREACH OF ITS OBLIGATIONS WITH SUCH THIRD-PARTY PROVIDER, RIB CCS DISCLAIMS ALL LIABILITY ARISING FROM THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE UNAVAILABILITY OF THE CANDY SYSTEM DUE TO ASSUME RESPONSIBILITY ANY FAILURE, BREAKDOWN AND/OR UNAVAILABILITY (FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD REASON WHATSOVER) OF ANY SUCH MATERIALOF THE DATA CENTRES HOSTING THE CANDY SYSTEM . (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCESEVENTS, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESEVENTS. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE AND THE ELEAP WEBSITE. TELANIA DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE WEBSITE OR RELATED SOFTWARE WILL BE CORRECTED. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO BE ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. 10. LIMITATIONS OF LIABILITY. EXCLUSIONS. OTHER THAN THE INDEMINFICATION OBLIGATONS WITHIN SECTION 13, YOU AGREE THAT IN NO EVENT WILL TELANIA BE LIABLE TO ANY THIRD PARTY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT. NEITHER PARTY WILL BE RESPONSIBLE TO THE OTHER PARTY FOR ANY LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF THE SERVICE OR INTERRUPTION IN YOUR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

Warranties and Disclaimers. (A) SOG WARRANTS THAT IT OWNS OR CONTROLS THE SERVICE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS PROVIDED ON AN ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” BASIS AND SOG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIESDATA, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES LOSS OF MERCHANTABILITYPROFIT OR BUSINESS INTERRUPTION, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET HOWEVER SAME MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESCAUSED. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) A. Subject to the conditions and limitations on liability stated herein, AbeTech warrants to Client for a period of 30 days following the performance of any Services or Additional Services by AbeTech, the Services and/or Additional Services will be performed in a good and xxxxxxx-like manner. AbeTech’s obligations and liability under this warranty is conditioned upon the receipt of prompt notice of defects as to parts and/or workmanship from Client, and is limited to repairing or, at AbeTech’s sole option, to replacing the Equipment. This warranty shall be void if the Equipment is damaged or rendered unusable by the willful act, negligence and/or tampering of persons other than those of AbeTech. THE SERVICE FOREGOING IS PROVIDED ON AN “AS IS” BASIS A LIMITED WARRANTY AND USE OF IT IS THE SERVICE IS AT YOUR OWN RISKONLY WARRANTY BY ABETECH. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ABETECH DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDINGEXPRESS OR IMPLIED, BUT NOT LIMITED TO, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PARTICLULAR PURPOSE. B. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, NONINFRINGEMENT AND TITLEINCIDENTAL, AND ANY WARRANTIES ARISING FROM ANY COURSE SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DEALINGPROFITS, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREEREVENUE DATA, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW USE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN ACTION IN CONTRACT OR TORT, ARISING OUT OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) THIS AGREEMENT, OR THE SERVICES PROVIDED HEREUNDER EVEN IF THE OTHER PARTY OR ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OTHER PERSON HAS BEEN ADVISED OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY POSSIBILITY OF SUCH DAMAGES. ABETECH'S LIABILITY FOR DAMAGES HEREUNDER FOR ANY DAMAGE CAUSE WHATSOEVER SHALL FIRST BE LIMITED TO YOUR COMPUTER SYSTEM REPAIR OR ANY LOSS REPLACEMENT OF DATA THAT RESULTS THE DEFECTIVE PARTS AND IN NO EVENT SHALL EXCEED ONE HALF OF THE AMOUNTS RECEIVED BY ABETECH FROM THE DOWNLOAD OF ANY SUCH MATERIALCLIENT UNDER THIS AGREEMENT FOR THE PRESENT TERM. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) 10.1. Wiley represents and warrants that it has the right and authority to make the Licensed Electronic Products available to Member Institution pursuant to the terms and conditions of this Agreement and that, to the best of Wiley's knowledge, the Licensed Electronic Products do not infringe upon any Copyright, patent, trade secret or other proprietary right of any third party. 10.2. Wiley Online Library, the Electronic Products, Author Services, WOAA, and Dashboard may provide Authorized Users with links to third-party websites. Where such links exist, Wiley disclaims all responsibility and liability for the content of such third-party websites. Authorized Users assume sole responsibility for accessing third-party websites and the use of any content on such websites. 10.3. Except for the warranties provided by Wiley in Section 10.1 above, 10.3.1. WILEY ONLINE LIBRARY, AUTHOR SERVICES, WOAA, DASHBOARD, THE SERVICE IS ELECTRONIC PRODUCTS AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “"AS IS” BASIS AND USE " BASIS, WITHOUT WARRANTIES OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEANY KIND, AND HEREBY DISCLAIMS, ANY AND ALL EITHER EXPRESS AND/OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESSFOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE; 10.3.2. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WILEY ONLINE LIBRARY, AUTHOR SERVICES, WOAA, DASHBOARD, THE SERVICE ELECTRONIC PRODUCTS, AND ALL MATERIALS CONTAINED THEREIN IS DONE AT YOUR THE AUTHORIZED USER'S OWN DISCRETION RISK; 10.3.3. ACCESS TO WILEY ONLINE LIBRARY, AUTHOR SERVICES, WOAA, DASHBOARD, THE ELECTRONIC PRODUCTS MAY BE INTERRUPTED AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY MAY NOT BE ERROR FREE; AND 10.3.4. NEITHER WILEY NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING WILEY ONLINE LIBRARY, AUTHOR SERVICES, WOAA, DASHBOARD, THE ELECTRONIC PRODUCTS, OR THE MATERIALS CONTAINED THEREIN, WILL BE LIABLE FOR ANY DAMAGE DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE AUTHORIZED USER'S USE OF OR INABILITY TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM USE WILEY ONLINE LIBRARY, WOAA, DASHBOARD, THE DOWNLOAD OF ANY SUCH MATERIALELECTRONIC PRODUCTS AND ALL MATERIALS CONTAINED THEREIN. 10.4. Wiley will indemnify and hold Member Institution or DEAL Operating Entity harmless from and against any damages, costs and fees (Dincluding reasonable attorney's fees) NO ADVICE OR INFORMATIONresulting from any judgment against Member Institution or DEAL Operating Entity, WHETHER ORAL OR WRITTENas the case may be, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENTarising out of the claim of a third party that Wiley's license of the Licensed Electronic Products or Member Institution's use thereof as expressly permitted under this Agreement constitutes an infringement of any Copyright, patent, or trade secret of any such third party. This indemnity will survive termination of the Agreement for two years. This indemnity will not apply if the Claim involves content which has been modified or used in a männer not permitted under this Agreement or if Member Institution or DEAL Operating Entity has failed to comply with other material terms of this Agreement. 10.5. Each of Member Institution and DEAL Operating Entity must give prompt notice of an infringement claim against it to Wiley, provide such Cooperation and assistance to Wiley as is reasonably necessary to defend the claim, and allow Wiley to have the sole control of the defense, provided, however, that Member Institution and DEAL Operating Entity retains the right to participate in its specific defense at its own expense.

Warranties and Disclaimers. 6.1 You hereby represent and warrant to ConstructConnect that: (Aa) you have all requisite rights and authority to use the ConstructConnect Services under this Agreement and you have, and will maintain, the irrevocable and unconditional right, power and authority to grant all applicable rights and licenses granted to ConstructConnect herein; (b) use by ConstructConnect and its affiliates, in accordance with this Agreement, of Subscriber Material provided by you will not infringe, misappropriate, or otherwise violate any intellectual property or other right of any person or entity; (c) you are responsible for all use of the ConstructConnect Services 6.2 THE SERVICE IS CONSTRUCTCONNECT SERVICES, DOCUMENTATION, AND THE SITE ARE PROVIDED ON AN “AS IS” BASIS AND USE “AS AVAILABLE,” AND CONSTRUCTCONNECT: (a) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEANY KIND WHETHER EXPRESS, AND HEREBY DISCLAIMSIMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY AND MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT QUALITY, ACCURACY, AND TITLE, ; AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA (c) DOES NOT WARRANT THAT THE SERVICE CONSTRUCTCONNECT SERVICES, DOCUMENTATION OR SITE ARE OR WILL BE UNINTERRUPTED, ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR COMPLETELY BE TIMELY OR SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY YOU WILL BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS SOLELY RESPONSIBLE FOR ANY AND ALL LIABILITY DAMAGE RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE CONSTRUCTCONNECT SERVICES, DOCUMENTATION OR SITE. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF CONSTRUCTCONNECT TO ANY THIRD PARTY. USE OF THE CONSTRUCTCONNECT SERVICES, DOCUMENTATION AND SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALSOLE RISK. (D) NO ADVICE OR INFORMATION6.3 Because some states and jurisdictions do not allow limitations on implied warranties, WHETHER ORAL OR WRITTENthe above limitation may not apply to you. In that event, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENTsuch warranties are limited to the maximum extent permitted by, and for the minimum warranty period allowed by the mandatory applicable law.

Warranties and Disclaimers. (A) THE SERVICE IS SERVICES AND ITS CONTENTS, WHETHER PROVIDED BY EXTENSIA, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON AN “OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED "AS IS” BASIS AND USE " WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT MAKE, AND HEREBY DISCLAIMS, LIMITED TO ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDINGREPRESENTATIONS, BUT NOT LIMITED TOCONDITIONS OR GUARANTEES OF QUALITY, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLEOR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM ANY COURSE ALL OF DEALINGWHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, USAGE OR TRADE PRACTICE. TELANIA BUT WITHOUT LIMITATION, EXTENSIA DOES NOT WARRANT THAT THAT: (i) THE SERVICE INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS; (ii) DEFECTS WILL BE UNINTERRUPTED, ERROR-FREECORRECTED, OR COMPLETELY SECURE. (Biii) TELANIA THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL EXTENSIA OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE SERVICES, WHETHER OR NOT EXTENSIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT YOU DONATED TO THE CAMPAIGN TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT AND CANNOT CONTROL THE FLOW OF DATA RELATE TO A DONATION FOR AN EVENT OR FROM TELANIA’S DATA CENTER AND THE INTERNETCAMPAIGN, $100. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMESIf you are a California resident, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCESyou hereby waive California Civil Code §1542, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLYwhich says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESwhich if known by him must have materially affected his settlement with the debtor. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL" This release includes the criminal acts of others. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. 10.1 THE AIRCRAFT WILL BE DELIVERED IN "AS IS WHERE IS WITH ALL FAULTS" CONDITION. THE SELLER MAKES NO WARRANTIES, GUARANTEES OR REPRESENTATIONS (EXCEPT AS STATED IN CLAUSE 7 OF THIS AGREEMENT AND THE XXXX OF SALE, WHICH EXCEPTION APPLIES TO THE ENTIRETY HEREOF) NOR UNDERTAKES ANY OBLIGATION OR LIABILITY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, IN EACH CASE WITH RESPECT TO THE AIRCRAFT INCLUDING BUT NOT LIMITED TO (1) ANY IMPLIED WARRANTY (A) AS TO THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEDESCRIPTION, AND HEREBY DISCLAIMSAIRWORTHINESS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR ANY PURPOSE, NONINFRINGEMENT AND TITLEVALUE, AND ANY WARRANTIES CONDITION, DESIGN, USE OR OPERATION OF THE AIRCRAFT OR (B) ARISING FROM ANY PART PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT OR OTHERWISE, (2) ANY SUCH OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, AND (3) ANY SUCH OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO THE SERVICE WILL BE UNINTERRUPTEDAIRCRAFT, ERROR-FREE(A) FOR ANY LIABILITY OF ANY LESSEE OR ANY LESSOR TO ANY THIRD PARTY, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL FOR ANY LIABILITY OF THE FLOW OF DATA PURCHASER TO ANY THIRD PARTY, OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) FOR ANY MATERIAL DOWNLOADED OTHER DIRECT, INCIDENTAL OR OTHERWISE OBTAINED THROUGH CONSEQUENTIAL DAMAGES; AND ALL SUCH WARRANTIES, GUARANTEES, REPRESENTATIONS, OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXPRESSLY EXCLUDED. DELIVERY BY THE USE PURCHASER TO THE SELLER OF THE SERVICE COUNTERSIGNED XXXX OF SALE SHALL CONSTITUTE CONFIRMATION BY THE PURCHASER THAT THE AIRCRAFT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE IN EVERY WAY SATISFACTORY TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALPURCHASER. (D) NO ADVICE OR INFORMATION10.2 Seller and Purchaser acknowledge and agree that Seller has conditionally assigned to Lessee under the Lease all effective warranties from manufacturers, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENTservice providers or suppliers and that Purchaser shall be entitled to the rights of the "Lessor" under the Novated Lease.

Warranties and Disclaimers. 12.1 WITHOUT PREJUDICE TO THE EXPRESS TERMS AND CONDITIONS STATED HEREIN AND IN THE OTHER OPERATIVE DOCUMENTS, EACH AIRCRAFT WILL BE DELIVERED AND SOLD (AOR IN THE CASE OF THE BI AIRCRAFT, DEEMED DELIVERED AND SOLD ON THE RELEVANT BI TRANSFER DATE TO GENESIS FUNDING ) THE SERVICE IS PROVIDED ON AN IN ITS “AS IS, WHERE IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKECONDITION, AND HEREBY DISCLAIMSEXCEPT AS EXPRESSLY STATED IN SECTION 8 OF THIS AGREEMENT AND AS OTHERWISE REPRESENTED AND WARRANTED HEREIN, ANY AND ALL EXPRESS IN THE OTHER OPERATIVE DOCUMENTS AND/OR IMPLIED IN THE BXXX OF SALE OR ACKNOWLEDGEMENT OF DELIVERY AND/OR ASSIGNMENT OF BENEFICIAL INTEREST (AS THE CASE MAY BE) FOR OR IN RESPECT OF SUCH AIRCRAFT OR ANY CERTIFICATE DELIVERED PURSUANT TO THIS AGREEMENT, THE SELLER (AND THE APPLICABLE GENESIS FUNDING ENTITY) MAKES NO WARRANTIES, INCLUDINGGUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY OF THE AIRCRAFT. 12.2 EACH PURCHASER WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES (EXCEPT AS OTHERWISE EXPRESSLY REPRESENTED AND WARRANTED BY GECC OR ANY SELLER IN THIS AGREEMENT, ANY BXXX OF SALE OR ACKNOWLEDGMENT OF DELIVERY, ANY ASSIGNMENT OF BENEFICIAL INTEREST OR IN ANY OTHER OPERATIVE DOCUMENT OR CERTIFICATE DELIVERED HEREUNDER), OBLIGATIONS AND LIABILITIES OF ANY SELLER (OR GENESIS FUNDING ENTITY) INCLUDING BUT NOT LIMITED TOTO (1) ANY IMPLIED WARRANTY AS TO THE DESCRIPTION, WARRANTIES OF AIRWORTHINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR ANY PURPOSE, NONINFRINGEMENT AND TITLEVALUE, AND CONDITION, DESIGN, DATA PROCESSING, USE OR OPERATION OF THE AIRCRAFT OR ANY WARRANTIES ARISING FROM ANY PAST PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT OR OTHERWISE, (2) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT (INCLUDING STRICT LIABILITY), AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO THE SERVICE WILL BE UNINTERRUPTEDAIRCRAFT, ERROR-FREEFOR LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO THE AIRCRAFT, FOR ANY LIABILITY OF ANY LESSEE TO ANY THIRD PARTY, FOR ANY LIABILITY OF THE PURCHASER TO ANY THIRD PARTY, OR COMPLETELY SECUREFOR ANY OTHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; AND ALL SUCH WARRANTIES, GUARANTEES, REPRESENTATIONS, OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXPRESSLY EXCLUDED. (B) TELANIA DOES 12.3 THIS SECTION 12 SHALL NOT AND CANNOT CONTROL BE MODIFIED EXCEPT BY A WRITTEN AGREEMENT SIGNED ON BEHALF OF THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER SELLER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED PURCHASER BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESTHEIR RESPECTIVE DULY AUTHORIZED REPRESENTATIVES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) a. YOUR USE OF THE SERVICE SITE, THE CONTENT, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS. Old North State Water Company HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE. NEITHER Old North State Water Company NOR ANY PERSON ASSOCIATED WITH Old North State Water Company MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE CONTENT, OR THE MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, OR OTHERWISE RELATING TO THE SITE OR THE CONTENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 4852-6552-0555 b. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE 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, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. c. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, 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 SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, SITE OR ANY AND ALL EXPRESS AND/SERVICES OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE ITEMS OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE SITE OR TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD DOWNLOADING OF ANY SUCH MATERIALCONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) 15.1. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS. YOU ACKNOWLEDGE THAT YOU ARE USING Xxxx.Xxxx AT YOUR SOLE RISK. TO THE SERVICE IS FULLEST EXTENT ALLOWED BY THE APPLICABLE LAW, Xxxx.Xxxx SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS AND USE WITHOUT WARRANTY OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEANY KIND, AND HEREBY DISCLAIMSWHETHER EXPRESS, ANY AND ALL EXPRESS AND/IMPLIED, STATUTORY, OR IMPLIED WARRANTIES, INCLUDING, OTHERWISE INCLUDING BUT NOT LIMITED TO, WARRANTIES TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ACCURACY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM ANY COURSE OF DEALINGOTHER WARRANTY, USAGE CONDITION, GUARANTEE OR TRADE PRACTICEREPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. TELANIA SPAN DOES NOT WARRANT THAT THE SERVICE ACCESS TO OR USE OF Xxxx.Xxxx WILL FUNCTION WITHOUT INTERRUPTION, WILL MEET YOUR REQUIREMENTS. SPAN CAN’T GUARANTEE (CONCERNING THIRD PARTIES ACTIONS) BUT WILL DO IT’S BEST TO ENSURE THAT USE OF Xxxx.Xxxx, SERVICES AND PRODUCTS IS FREE OF MALICIOUS CODE OR THAT IT IS FREE OF ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TRANSMITTED THROUGH ACCESS TO OR FROM TELANIA’S DATA CENTER USE OF Xxxx.Xxxx. YOU ARE ADVISED TO SAFEGUARD YOUR DATA, TO USE CAUTION AND THE INTERNET. SUCH FLOW DEPENDS NOT TO RELY IN LARGE PART ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALACCOMPANYING MATERIALS. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) a. YOUR USE OF THE SERVICE SITE, THE CONTENT, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS. ONSWC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE. NEITHER ONSWC NOR ANY PERSON ASSOCIATED WITH ONSWC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE CONTENT, OR THE MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, OR OTHERWISE RELATING TO THE SITE OR THE CONTENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. b. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE 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, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. c. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, 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 SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, SITE OR ANY AND ALL EXPRESS AND/SERVICES OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE ITEMS OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE SITE OR TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD DOWNLOADING OF ANY SUCH MATERIALCONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) a. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND USE OF ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE OR OTHERWISE), IN RELATION TO THE SERVICE IS AT YOUR OWN RISKARE HEREBY EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TELANIA DOES NOT MAKEIN PARTICULAR, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR FACTSET DISCLAIMS IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND MAKES NO WARRANTY OF ACCURACY, NONINFRINGEMENT AND TITLECOMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY OR SPEED OF DELIVERY OF THE SERVICE. YOU AGREE THAT THE SERVICE IS NOT INVESTMENT ADVICE AND ANY WARRANTIES ARISING FROM ANY COURSE OPINIONS OR ASSERTION CONTAINED IN THE SERVICE DO NOT REPRESENT THE OPINIONS OR BELIEFS OF DEALING, USAGE FACTSET OR TRADE PRACTICEITS EMPLOYEES. TELANIA FACTSET DOES NOT WARRANT THAT THE SERVICE WILL BE ACCURATE, UNINTERRUPTED, ERROR-ERROR FREE, OR COMPLETELY SECURE. FACTSET ASSUMES NO LIABILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION THAT YOU TAKE BASED ON THE SERVICE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMESb. FactSet will have no liability for any lost profits or direct, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCESindirect, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLYspecial, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESconsequential, punitive or exemplary damages, even if advised in advance of the possibility of these types of damages. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) TO THE SERVICE EXTEND PERMITTED BY LAW, THE STORE, AND ALL CONTENT AVAILABLE ON THE STORE, IS PROVIDED ON AN “AS AS-IS” BASIS AND USE WITHOUT WARRANTIES OR CONDITIONS OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEANY KIND, AND HEREBY DISCLAIMS, ANY AND ALL EITHER EXPRESS AND/OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT . ALL PRODUCTS AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICESERVICES PURCHASED THROUGH THE STORE ARE PROVIDED ON AN “AS-IS” BASIS UNLESS OTHERWISE NOTED IN THE LIMITED WARRANTY INCLUDED WITH THE PRODUCT. TELANIA NEPOWARE DOES NOT WARRANT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE PRODUCT INFORMATION WILL BE UNINTERRUPTEDAVAILABLE, ERROR-FREEACCURATE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO RELIABLE OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED THAT PRODUCT INFORMATION OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE ONLINE STORE, THE PRODUCT OR SERVICES WILL PROVIDE SAFETY IN YOUR HOME OR BUSINESS. YOU USE ALL PRODUCT INFORMATION AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND YOU AGREE TO ASSUME RESPONSIBILITY FOR NEPOWARE DISCLAIMS) ANY DAMAGE AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR COMPUTER SYSTEM WIRING, FIXTURES, ELECTRICTY, HOME, PRODUCT, EQUIPMENT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME OR ANY LOSS BUSINESS, RESULTING FROM YOUR USE OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALSTORE, PRODUCT INFORMATION OR PRODUCT. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) Subject to the limitations of this section and subject to such limitations as are expressly provided elsewhere in this Addendum, PARADIGM represents and warrants that PARADIGM has the legal right to perform the Services and provide Products to CUSTOMER and its Authorized Users, either itself or through third parties. The Services provided by it hereunder shall be performed, in all material respects, in a professional, timely, and workmanlike manner. In the event CUSTOMER believes PARADIGM has breached the warranty in the foregoing sentence, CUSTOMER shall promptly notify PARADIGM thereof including information necessary to allow PARADIGM to examine the issue and to re-perform any Services containing reproducible errors. THE SERVICE IS SERVICES AND PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS,” BASIS AND USE WITH ALL FAULTS BASIS. PARADIGM MAKES NO WARRANTIES OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEANY KIND, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY OR WARRANTIES ARISING FROM ANY BY COURSE OF DEALING, USAGE DEALING OR CUSTOM OF TRADE PRACTICEEXCEPT FOR THE EXPRESS WARRANTIES AND COVENANTS HEREIN. TELANIA DOES NOT WARRANT PARADIGM MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE SERVICES DATA OR THE SOFTWARE IS ACCURATE, COMPLETE, OR RELIABLE. PARADIGM FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT CUSTOMER’S ACCESS TO AND USE OF THE SERVICES WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE; FREE OF VIRUSES, UNAUTHORIZED CODE, OR COMPLETELY SECURE. (B) TELANIA DOES POTENTIALLY HARMFUL COMPONENTS; WITHOUT DELAY; Exclusion of Damages. IN NO EVENT SHALL PARADIGM BE LIABLE TO CUSTOMER FOR ANY INDIRECT, NON-COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING BUT NOT AND CANNOT CONTROL THE FLOW LIMITED TO ANY LOST PROFITS OR REVENUE, LOST SAVINGS, LOSS OF DATA TO OR FROM TELANIA’S DATA CENTER AND BUSINESS OPPORTUNITY, ANY GOVERNMENTAL, AGENCY, AND/OR REGULATORY FINES OR COSTS, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED FURNISHING, PERFORMANCE, OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM SERVICES OR ENGAGEMENT HARDWARE, OR ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY LOSS OTHER FAILURE TO PERFORM BY PARADIGM OR ANY THIRD PARTY SOFTWARE PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF DATA THAT RESULTS FROM THE DOWNLOAD POSSIBILITY OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.DAMAGES AND EVEN IF A LIMITED REMEDY SET

Warranties and Disclaimers. (A) MOTOR WARRANTS TO SUBSCRIBER THAT MOTOR WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THE FIRST SENTENCE, THE SERVICE IS AND SUPPORT SERVICES ARE PROVIDED ON AN TO SUBSCRIBER “AS IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND MOTOR EXPRESSLY DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDINGEXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLENON- INFRINGEMENT, AND ANY WARRANTIES ARISING FROM ANY OUT OF COURSE OF DEALING, USAGE USAGE, OR TRADE PRACTICETRADE. TELANIA MOTOR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, MEET SUBSCRIBER’S SPECIFIC REQUIREMENTS OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THAT THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OPERATION OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED, MOTOR FURTHER EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ASSUME RESPONSIBILITY THE ACCURACY, COMPLETENESS OR CURRENTNESS OF ANY DATA OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) SUPPLIED BY MOTOR HEREUNDER. MOTOR SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM INOPERABILITY OF THE SERVICE OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD INFORMATION OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY SUCH MATERIALKIND. SUBSCRIBER ACKNOWLEDGES THAT IT IS ITS RESPONSIBILITY TO ENSURE INTERNET SERVICE THROUGH AN INDEPENDENT INTERNET SERVICE PROVIDER (“ISP”) FOR ANY ONLINE ACCESS TO THE SERVICE. MOTOR SHALL NOT BE LIABLE FOR ANY LACK OF SERVICE OR RESPONSE TIME DELAYS ATTRIBUTABLE TO THE INTERNET, TELECOMMUNICATIONS EQUIPMENT OR SERVICES, SUBSCRIBER’S COMPUTERS AND/OR MOBILE OR OTHER DEVICES OR NETWORKS, SUBSCRIBER’S ISPs OR ANY OTHER REASONS OUTSIDE THE CONTROL OF MOTOR. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) THE SERVICE EACH COMPANY ACKNOWLEDGES IT IS PROVIDED ON AN ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” BASIS AND SOG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE AGREEMENT WILL BE AT SUCH PERSON’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PERSON WILL HAVE ANY CLAIM AGAINST, AND EACH HEREBY RELEASES, SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER ​ EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY PERSON AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. NO PARTY SHALL BE LIABLE TO ANOTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF A COMPANY’S OR ANY OTHER PERSON’S POSSESSION, CONTROL OR USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIESDATA, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES LOSS OF MERCHANTABILITYPROFIT OR BUSINESS INTERRUPTION, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET HOWEVER SAME MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESCAUSED. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) 4.1 Each party represents and warrants that: this Agreement constitutes the legal, valid and binding obligation, enforceable against it in accordance with its terms; it has the right, power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement, and such actions have been duly authorized by all necessary corporate action by such party; and it will comply with applicable laws and regulations in connection with the exercise of its rights and performance relating to this Agreement. 4.2 EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL DVINCI MATERIALS AND TECHNOLOGY, INCLUDING THE SERVICE IS LEADS & APPOINTMENTS AND PLATFORM, ARE PROVIDED ON AN "AS IS" AND “AS ISAVAILABLE” BASIS ONLY, AND USE NO LEADS & APPOINTMENTS ARE GUARANTEED TO BECOME CLOSED APPOINTMENTS; YOUR EXCLUSIVE REMEDY FOR A DEFECTIVE OR INACCURATE LEADS & APPOINTMENT IS A NEW LEAD & APPOINTMENT OR A REFUND OF THE SERVICE IS AT YOUR OWN RISKFEES PAID TO DVINCI FOR THAT SPECIFIC LEAD & APPOINTMENT IF YOU IDENTIFY THAT DEFECTIVE OR INACCURATE LEAD & APPOINTMENT TO DVINCI WITHIN 48 HOURS OF RECEIPT. TELANIA DOES NOT MAKEEXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, AND HEREBY DISCLAIMSNEITHER PARTY MAKES ANY PROMISES, ANY AND ALL EXPRESS AND/REPRESENTATIONS OR IMPLIED WARRANTIES, INCLUDINGWHETHER EXPRESSED OR IMPLIED, UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERRORNON-FREE, OR COMPLETELY SECUREINFRINGEMENT. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) THE SERVICE IS PROVIDED ON AN “AIRCRAFT SHALL BE SOLD IN "AS IS” BASIS , WHERE IS" CONDITION AT DELIVERY AND, EXCEPT AS PROVIDED IN SECTION 10.01 AND USE 12.01, SELLER MAKES NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, THAT SHALL SURVIVE DELIVERY BY SELLER TO BUYER HEREUNDER. BUYER WAIVES, RELEASES AND RENOUNCES ALL GUARANTEES, WARRANTIES, REPRESENTATIONS, OBLIGATIONS, COVENANTS AND LIABILITIES OF SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEAIRCRAFT, AND HEREBY DISCLAIMSINCLUDING WITHOUT LIMITATION, ANY AND ALL EXPRESS AND/IMPLIED WARRANTY OF FITNESS FOR USE OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS MERCHANTABILITY OR USE FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES LIABILITY ARISING FROM ANY STRICT LIABILITY IN TORT, PRODUCTS LIABILITY, IMPLIED WARRANTY ARISING FROM COURSE OF DEALINGPERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, AIRWORTHINESS OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF USE, PROFIT OR OTHER CONSEQUENTIAL DAMAGES OR WITH RESPECT TO ANY SUCH MATERIALLESSEE. Nothing in the foregoing is intended to limit the specific provisions of this Agreement or the rights and remedies of Buyer specifically provided for in this Agreement. Seller shall extend to Buyer the rights and benefits, to the extent that the same are not extinguished by the sale of the Aircraft, of any warranties, service life policies and patent indemnities of any Manufacturer and any maintenance and overhaul agencies of and for each of the Aircraft which Seller may have. Seller also hereby grants to Buyer rights of subrogation relating to any claim which Seller may have under such warranties concerning the Aircraft. Seller shall take such action as Buyer may reasonably request and as may be reasonably necessary to secure such rights and protection for Buyer. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) USE OF THE SERVICE AD SERVICES IS AT ADVERTISER’S SOLE RISK. THE AD SERVICES AND SITES ARE PROVIDED ON AN “AS IS”, “WHERE IS” BASIS AND USE “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, SITE OPERATORS AND THEIR OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, SUCCESSORS AND ASSIGNS (THE “SGWS PARTIES”): (a) EXPRESSLY DISCLAIM ALL WARRANTIES OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEANY KIND, AND HEREBY DISCLAIMS, ANY AND ALL WHETHER EXPRESS AND/OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLEMERCHANTABILITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM OUT OF ANY COURSE OF DEALING, USAGE PERFORMANCE, OR TRADE PRACTICEUSAGE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTEDSGWS PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, ERROR-FREEOMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR ALTERATION OF, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL UNAUTHORIZED ACCESS TO, THE FLOW OF DATA TO AD SERVICES OR FROM TELANIA’S DATA CENTER AND THE INTERNETANY USER COMMUNICATIONS. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AD SERVICES IS DONE AT YOUR ADVERTISER’S OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY ADVERTISER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR ITS COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) . NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR BY ADVERTISER FROM THE SERVICE SGWS PARTIES OR THROUGH THE AD SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THIS AGREEMENT. ADVERTISER IS NOT RELYING ON ANY REPRESENTATIONS OR STATEMENTS BY SGWS IN ENTERING INTO THIS AGREEMENT OTHER THAN AS MADE IN THIS ADVERTISER AGREEMENT.

Warranties and Disclaimers. (A) 7.1 GrammaTech makes no representations about the suitability of the Software or about any content, information, or output made accessible by the Software, for any purpose. GrammaTech does not warrant that operation of the Software will be uninterrupted or error free, or that functions contained in the Software shall operate in the combination that You may select or meet Your requirements. 7.2 THE SERVICE SOFTWARE IS PROVIDED ON AN “‘AS IS” BASIS ’ AND USE ‘WITH ALL FAULTS.’ GRAMMATECH, ITS SUPPLIERS, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES RELATING TO THE RELIABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF RESULTS, WORKMANLIKE EFFORT, LACK OF VIRUSES OR OTHER MALWARE, LACK OF NEGLIGENCE, CONDITION OF TITLE, QUIET TITLE OR POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR REPRESENTATION GIVEN BY GRAMMATECH’S EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. 7.3 IN NO CASE SHALL GRAMMATECH, ITS SUPPLIERS, OR ITS LICENSORS BE LIABILE TO YOU, THE EDUCATIONAL INSTITUTION, OR TO ANY THIRD-PARTY FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT MAKELIMITED TO PUNITIVE, AND HEREBY DISCLAIMSSPECIAL, ANY AND ALL EXPRESS AND/CONSEQUENTIAL, INDIRECT OR IMPLIED WARRANTIESSIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES ANY LOST PROFITS OR LOST DATA ARISING OUT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO ANY ALLEGED BREACH OF THIS AGREEMENT AND/OR THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH EVEN IF GRAMMATECH OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH OCCURRENCESCLAIM OR DAMAGES, INCLUDING BUT NOT LIMITED TO IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, OR STRICT LIABILITY, OR FOR ANY CLAIM BY ANY OTHER PARTY, INCLUDING THIRD- PARTIES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL7.4 This Agreement does not change your rights under applicable mandatory local law. If limitations and/or exclusions of warranties and/or liability are prohibited by applicable mandatory law, such warranties and/or liabilities are capped at the minimum permitted by law. (D) NO ADVICE OR INFORMATION7.5 The person accepting this License Agreement represents and warrants that they have the necessary authority to bind You, WHETHER ORAL OR WRITTENthe educational institution identified in the Academic Application Form, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENTto the terms and conditions set forth herein.

Warranties and Disclaimers. XXXXXX REPRESENTS AND WARRANTS THAT IT HAS THE FULL RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND GRANT ALL RIGHTS AND INTERESTS AS CONTEMPLATED HEREUNDER, AND THAT THE ONLINE DATABASES, THE DATABASES (A) WITH THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND USE EXCEPTION OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEBOOK REVIEWS PUBLISHED BY PUBLISHERS WEEKLY, LIBRARY JOURNAL, SCHOOL LIBRARY JOURNAL, AND HEREBY DISCLAIMSCRITICAS), AND THE SOFTWARE AND THEIR USE IN ACCORDANCE WITH THE TERMS HEREIN DO NOT AND WILL NOT INFRINGE UPON, VIOLATE OR MISAPPROPRIATE ANY U.S. PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK, OR ANY OTHER PROPRIETARY RIGHT, CONTRACT OR OTHER RIGHT OR INTEREST OF ANY THIRD PARTY. ELN CONSORTIUM UNDERSTANDS THAT XXXXXX, ITS AFFILIATES, LICENSORS, SUPPLIERS AND ALL EXPRESS AND/OR IMPLIED AGENTS, MAKE NO OTHER WARRANTIES, INCLUDINGEXPRESS OR IMPLIED, BUT NOT LIMITED TOWITH RESPECT TO THE ONLINE DATABASES, WARRANTIES INCLUDING WITHOUT LIMITATION THE SOFTWARE AND THE DATABASES, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER XXXXXX NOR ITS LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, NONINFRINGEMENT AND TITLEADEQUACY, OR COMPLETENESS OF THE INFORMATION CONTAINED WITHIN THE DATABASES, OR THAT THE INFORMATION CONTAINED IN THE ONLINE DATABASES IS COMPLETE OR FREE FROM ERROR. NEITHER XXXXXX NOR ITS LICENSORS ASSUME, AND ALL EXPRESSLY DISCLAIM, ANY WARRANTIES ARISING LIABILITY TO ANY PERSON FOR ANY LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE DATABASES, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM ANY COURSE OF DEALINGNEGLIGENCE, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREEACCIDENT, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO ANY OTHER CAUSE. NEITHER XXXXXX NOR ITS LICENSORS MAKE ANY REPRESENTATIONS OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE OF INTERNET SERVICES PROVIDED ELN CONSORTIUM’S OR CONTROLLED BY THIRD PARTIESITS SUBSCRIBING MEMBERS' NETWORKS OR COMPUTER SYSTEMS WHEN USED IN CONJUNCTION WITH THE ONLINE DATABASES. AT TIMESIN NO EVENT WILL XXXXXX, ACTIONS TAKEN ITS AFFILIATES, LICENSORS, SUPPLIERS OR AGENTS, BE LIABLE TO ELN CONSORTIUM OR ANY OF ITS SUBSCRIBING MEMBERS FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF ELN CONSORTIUM’S OR ITS SUBSCRIBING MEMBERS' USE OR INABILITY TO USE THE ONLINE DATABASES REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE OR WHETHER SUCH DAMAGES ARE DEEMED TO RESULT FROM THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION INADEQUACY OF ANY EXCLUSIVE OR OTHER REMEDY. EXCEPT WITH RESPECT TO THE INTERNET MAY COMPUTATION OF DAMAGES FOR THE UNAUTHORIZED USE, DISCLOSURE, MISAPPROPRIATION OR INFRINGEMENT OF INTANGIBLE PROPERTY SUBJECT TO COPYRIGHT, PATENT RIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHTS, NEITHER PARTY SHALL BE IMPAIRED LIABLE TO THE OTHER FOR INCIDENTAL OR DISRUPTEDCONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE OR WHETHER SUCH DAMAGES ARE DEEMED TO RESULT FROM THE FAILURE OR INADEQUACY OF ANY EXCLUSIVE OR OTHER REMEDY. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID ELN CONSORTIUM AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE ITS SUBSCRIBING MEMBERS UNDERSTAND AND ACKNOWLEDGE THAT THEY WILL NOT OCCUR. ACCORDINGLYARE SOLELY RESPONSIBLE FOR LOADING, TELANIA DISCLAIMS USING, DOWNLOADING INTO OR DELETING FROM THEIR COMPUTER SYSTEMS ANY LISTS OR REPORTS PROVIDED BY THE XXXXXX'X SERIALS ANALYSIS SYSTEM, AND ELN CONSORTIUM AND ITS SUBSCRIBING MEMBERS ASSUME ALL LIABILITY RESULTING FROM OR RISK AND RESPONSIBILITY RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY SAME. IN NO EVENT SHALL XXXXXX BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM DAMAGES WHATSOEVER ARISING FROM ELN CONSORTIUM OR ANY LOSS ITS SUBSCRIBING MEMBERS' LOADING, USE, DOWNLOADING OR DELETION OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALREPORTS. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. 10.1 THE AIRCRAFT WILL BE DELIVERED IN "AS IS WHERE IS WITH ALL FAULTS" CONDITION. THE SELLER MAKES NO WARRANTIES, GUARANTEES OR REPRESENTATIONS (EXCEPT AS STATED IN CLAUSE 7 OF THIS AGREEMENT AND THE XXXX OF SALE, WHICH EXCEPTION APPLIES TO THE ENTIRETY HEREOF) NOR UNDERTAKES ANY OBLIGATION OR LIABILITY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, IN EACH CASE WITH RESPECT TO THE AIRCRAFT INCLUDING BUT NOT LIMITED TO (1) ANY IMPLIED WARRANTY (A) AS TO THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEDESCRIPTION, AND HEREBY DISCLAIMSAIRWORTHINESS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR ANY PURPOSE, NONINFRINGEMENT AND TITLEVALUE, AND ANY WARRANTIES CONDITION, DESIGN, USE OR OPERATION OF THE AIRCRAFT OR (B) ARISING FROM ANY PART PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT OR OTHERWISE, (2) ANY SUCH OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, AND (3) ANY SUCH OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO THE SERVICE WILL BE UNINTERRUPTEDAIRCRAFT, ERROR-FREE(A) FOR ANY LIABILITY OF ANY LESSEE OR ANY LESSOR TO ANY THIRD PARTY, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL FOR ANY LIABILITY OF THE FLOW OF DATA PURCHASER TO ANY THIRD PARTY, OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) FOR ANY MATERIAL DOWNLOADED OTHER DIRECT, INCIDENTAL OR OTHERWISE OBTAINED THROUGH CONSEQUENTIAL DAMAGES; AND ALL SUCH WARRANTIES, GUARANTEES, REPRESENTATIONS, OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXPRESSLY EXCLUDED. DELIVERY BY THE USE PURCHASER TO THE SELLER OF THE SERVICE COUNTERSIGNED XXXX OF SALE SHALL CONSTITUTE CONFIRMATION BY THE PURCHASER THAT THE AIRCRAFT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE IN EVERY WAY SATISFACTORY TO ASSUME RESPONSIBILITY THE PURCHASER. EXCEPT AS EXPRESSLY PROVIDED IN THE TRANSACTION DOCUMENTS, NEITHER THE SELLER NOR THE PURCHASER SHALL HAVE ANY LIABILITY TO EACH OTHER FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OBLIGATIONS OR LIABILITIES OF THE LESSEE OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALOTHER THIRD PARTY. (D) NO ADVICE OR INFORMATION10.2 Seller and Purchaser acknowledge and agree that Seller has conditionally assigned to Lessee under the Lease all effective warranties from manufacturers, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENTservice providers or suppliers and that Purchaser shall be entitled to the rights of the "Lessor" under the Novated Lease.

Warranties and Disclaimers. (A) THE SERVICE ‌ Reseller understands Xxxxxx will make commercially reasonable efforts in providing quality service. Reseller expressly agrees that: ITS USE AND ANY USERS USE OF SERVICES AND TECHNOLOGY OFFERED BY MEZINE IS AT ITS OR THEIR OWN SOLE RISK. MEZINE SERVICES AND TECHNOLOGY ARE PROVIDED ON AN “AS IS” BASIS AND USE “AS AVAILABLE” BASIS. MEZINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEANY KIND, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/WHETHER EXPRESSED OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE NON-INFRINGEMENT; MEZINE MAKES NO REPRESENTATION OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT WARRANTY THAT: THE SERVICE MEZINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET RESULTS THAT MAY BE IMPAIRED OBTAINED FROM THE USE OF MEZINE SERVICES WILL BE ACCURATE OR DISRUPTEDRELIABLE, THE QUALITY OF ANY PRODUCTS, MEZINE SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY RESELLER THROUGH THE MEZINE SERVICES WILL MEET ITS OR THEIR EXPECTATIONS, OR THAT ANY ERRORS IN MEZINE TECHNOLOGY WILL BE CORRECTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE WEBSITEDYNAMICS TECHNOLOGY IS DONE SO AT YOUR OWN RESELLER’S AND USER’S DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY RESELLER AND USERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR THEIR COMPUTER SYSTEM SYSTEMS OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) ; AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY RESELLER THROUGH OR FROM THE SERVICE MEZINE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENTTHESE TERMS.

Warranties and Disclaimers. (A) THE SERVICE IS PROVIDED ON AN “MYSTOCKTM INVENTORY MANAGER SOFTWARE, ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE DISTRIBUTED "AS IS” BASIS " AND USE WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE USER MUST ASSUME ALL RISK OF USING THE PROGRAM. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE SERVICE IS AT YOUR OWN RISKAGREEMENT. TELANIA DOES NOT MAKETRACE WIDTH TECHNOLOGY SOLUTIONS LLC AND ANY THIRD PARTY SOFTWARE AND SERVICES PROVIDED EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES ARISING FROM ANY COURSE REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF DEALING, USAGE THE MYSTOCKTM INVENTORY MANAGER SOFTWARE OR TRADE PRACTICESERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES. TELANIA TRACE WIDTH TECHNOLOGY SOLUTIONS LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MYSTOCKTM INVENTORY MANAGER SOFTWARE OR SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MYSTOCKTM INVENTORY MANAGER SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA THAT DEFECTS IN THE MYSTOCKTM INVENTORY MANAGER SOFTWARE OR SERVICE WILL BE CORRECTED. TRACE WIDTH TECHNOLOGY SOLUTIONS LLC DOES NOT AND CANNOT CONTROL WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN USE OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH RESULTS OF THE USE OF THE MYSTOCKTM INVENTORY MANAGER SOFTWARE OR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. TRACE WIDTH TECHNOLOGY SOLUTIONS LLC DOES NOT REPRESENT OR WARRANT THAT USERS WILL BE ABLE TO ACCESS OR USE THE MYSTOCKTM INVENTORY MANAGER SOFTWARE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT TRACE WIDTH TECHNOLOGY SOLUTIONS LLC WILL HAVE ADEQUATE CAPACITY FOR ANY USER’S REQUIREMENTS. NO ORAL OR WRITTEN STATEMENT, INFORMATION OR ADVICE GIVEN BY TRACE WIDTH TECHNOLOGY SOLUTIONS LLC, OR ITS RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL CREATE ANY WARRANTIES. ANY LIABILITY OF THE END USER WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE PER THE GUIDELINES OF THE RESELLER. IN ADDITION, IN NO EVENT SHALL TRACE WIDTH TECHNOLOGY SOLUTIONS LLC, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER RELATING TO THE USE OF THE SOFTWARE PRODUCT. IN ADDITION, IN NO EVENT DOES TRACE WIDTH TECHNOLOGY SOLUTIONS LLC AUTHORIZE YOU TO USE THE MYSTOCKTM INVENTORY MANAGER SOFTWARE WHERE THE SOFTWARE PRODUCT'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN ANY PUNITIVE LOSS, PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK RISK, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR HOLD TRACE WIDTH TECHNOLOGY SOLUTIONS LLC HARMLESS FROM ANY DAMAGE CLAIMS OR LOSSES RELATING TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALUNAUTHORIZED USE. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) 7.1 GrammaTech makes no representations about the suitability of the Software or about any content, information, or output made accessible by the Software, for any purpose. GrammaTech does not warrant that operation of the Software will be uninterrupted or error free, or that functions contained in the Software shall operate in the combination that You may select or meet Your requirements. 7.2 THE SERVICE SOFTWARE IS PROVIDED ON AN “‘AS IS” BASIS ’ AND USE ‘WITH ALL FAULTS.’ GRAMMATECH, ITS SUPPLIERS, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES RELATING TO THE RELIABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF RESULTS, WORKMANLIKE EFFORT, LACK OF VIRUSES OR OTHER MALWARE, LACK OF NEGLIGENCE, CONDITION OF TITLE, QUIET TITLE OR POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR REPRESENTATION GIVEN BY GRAMMATECH’S EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. 7.3 IN NO CASE SHALL GRAMMATECH, ITS SUPPLIERS, OR ITS LICENSORS BE LIABILE TO YOU, THE EDUCATIONAL INSTITUTION, OR TO ANY THIRD-PARTY FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT MAKELIMITED TO PUNITIVE, AND HEREBY DISCLAIMSSPECIAL, ANY AND ALL EXPRESS AND/CONSEQUENTIAL, INDIRECT OR IMPLIED WARRANTIESSIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES ANY LOST PROFITS OR LOST DATA ARISING OUT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO ANY ALLEGED BREACH OF THIS AGREEMENT AND/OR THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH EVEN IF GRAMMATECH OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH OCCURRENCESCLAIM OR DAMAGES, INCLUDING BUT NOT LIMITED TO IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, OR STRICT LIABILITY, OR FOR ANY CLAIM BY ANY OTHER PARTY, INCLUDING THIRD-PARTIES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL7.4 This Agreement does not change your rights under applicable mandatory local law. If limitations and/or exclusions of warranties and/or liability are prohibited by applicable mandatory law, such warranties and/or liabilities are capped at the minimum permitted by law. (D) NO ADVICE OR INFORMATION7.5 The person accepting this License Agreement represents and warrants that they have the necessary authority to bind You, WHETHER ORAL OR WRITTENthe educational institution identified in the Academic Application Form, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENTto the terms and conditions set forth herein.

Warranties and Disclaimers. 12.1 WITHOUT PREJUDICE TO THE EXPRESS TERMS AND CONDITIONS STATED HEREIN AND IN THE OTHER OPERATIVE DOCUMENTS, EACH AIRCRAFT WILL BE DELIVERED AND SOLD (AOR IN THE CASE OF THE BI AIRCRAFT, DEEMED DELIVERED AND SOLD ON THE RELEVANT BI TRANSFER DATE TO THE COMPANY ) THE SERVICE IS PROVIDED ON AN IN ITS “AS IS, WHERE IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKECONDITION, AND HEREBY DISCLAIMSEXCEPT AS EXPRESSLY STATED IN SECTION 8 OF THIS AGREEMENT AND AS OTHERWISE REPRESENTED AND WARRANTED HEREIN, ANY AND ALL EXPRESS IN THE OTHER OPERATIVE DOCUMENTS AND/OR IMPLIED IN THE BXXX OF SALE AND/OR ASSIGNMENT OF BENEFICIAL INTEREST (AS THE CASE MAY BE) FOR OR IN RESPECT OF SUCH AIRCRAFT OR ANY CERTIFICATE DELIVERED PURSUANT TO THIS AGREEMENT, THE SELLER (AND THE APPLICABLE PURCHASER ENTITY) MAKES NO WARRANTIES, INCLUDINGGUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY OF THE AIRCRAFT OR ANY PURCHASER ENTITY. 12.2 EACH PURCHASER WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES (EXCEPT AS OTHERWISE EXPRESSLY REPRESENTED AND WARRANTED BY ANY SELLER IN THIS AGREEMENT, ANY BXXX OF SALE OR ACKNOWLEDGMENT OF DELIVERY, ANY ASSIGNMENT OF BENEFICIAL INTEREST OR IN ANY OTHER OPERATIVE DOCUMENT OR CERTIFICATE DELIVERED HEREUNDER), OBLIGATIONS AND LIABILITIES OF ANY SELLER (OR PURCHASER ENTITY) INCLUDING BUT NOT LIMITED TOTO (1) ANY IMPLIED WARRANTY AS TO THE DESCRIPTION, WARRANTIES OF AIRWORTHINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR ANY PURPOSE, NONINFRINGEMENT AND TITLEVALUE, AND CONDITION, DESIGN, DATA PROCESSING, USE OR OPERATION OF THE AIRCRAFT OR ANY WARRANTIES ARISING FROM ANY PAST PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT OR OTHERWISE, (2) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT (INCLUDING STRICT LIABILITY), AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO THE SERVICE WILL BE UNINTERRUPTEDAIRCRAFT, ERROR-FREEFOR LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO THE AIRCRAFT, FOR ANY LIABILITY OF ANY LESSEE TO ANY THIRD PARTY, FOR ANY LIABILITY OF THE PURCHASER TO ANY THIRD PARTY, OR COMPLETELY SECUREFOR ANY OTHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; AND ALL SUCH WARRANTIES, GUARANTEES, REPRESENTATIONS, OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXPRESSLY EXCLUDED. (B) TELANIA DOES 12.3 THIS SECTION 12 SHALL NOT BE MODIFIED EXCEPT BY A WRITTEN AGREEMENT SIGNED ON BEHALF OF EACH SELLER AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED EACH PURCHASER BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESTHEIR RESPECTIVE DULY AUTHORIZED REPRESENTATIVES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) a. YOUR USE OF THE SERVICE SITE, THE CONTENT, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS. INTEGRA WATER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE. NEITHER INTEGRA WATER NOR ANY PERSON ASSOCIATED WITH INTEGRA WATER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE CONTENT, OR THE MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, OR OTHERWISE RELATING TO THE SITE OR THE CONTENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. b. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE 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, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. c. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, 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 SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, SITE OR ANY AND ALL EXPRESS AND/SERVICES OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE ITEMS OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE SITE OR TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD DOWNLOADING OF ANY SUCH MATERIALCONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. 12.1 WITHOUT PREJUDICE TO THE EXPRESS TERMS AND CONDITIONS STATED HEREIN AND IN THE OTHER OPERATIVE DOCUMENTS, EACH AIRCRAFT WILL BE DELIVERED AND SOLD (AOR IN THE CASE OF THE BI AIRCRAFT, DEEMED DELIVERED AND SOLD ON THE RELEVANT BI TRANSFER DATE TO LIFT TRUST-SUB 1) THE SERVICE IS PROVIDED ON AN “IN ITS "AS IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, WHERE IS" CONDITION, AND HEREBY DISCLAIMS, ANY EXCEPT AS EXPRESSLY STATED IN SECTION 8 OF THIS AGREEMENT AND ALL EXPRESS AS OTHERWISE REPRESENTED AND WARRANTED HEREIN IN THE OTHER OPERATIVE DOCUMENTS AND/OR IMPLIED IN THE XXXX OF SALE OR ACKNOWLEDGEMENT OF DELIVERY AND/OR ASSIGNMENT OF BENEFICIAL INTEREST (AS THE CASE MAY BE) FOR OR IN RESPECT OF SUCH AIRCRAFT OR ANY CERTIFICATE DELIVERED PURSUANT TO THIS AGREEMENT, THE SELLER (AND THE APPLICABLE LIFT ENTITY) MAKES NO WARRANTIES, INCLUDINGGUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY OF THE AIRCRAFT. 12.2 SUBJECT AS PROVIDED IN SECTION 12.1 EACH PURCHASER WAIVES RELEASES AND RENOUNCES ALL WARRANTIES, OBLIGATIONS AND LIABILITIES OF ANY SELLER (OR LIFT ENTITY) INCLUDING BUT NOT LIMITED TOTO (1) ANY IMPLIED WARRANTY AS TO THE DESCRIPTION, WARRANTIES OF AIRWORTHINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR ANY PURPOSE, NONINFRINGEMENT AND TITLEVALUE, AND CONDITION, DESIGN, DATE PROCESSING, USE OR OPERATION OF THE AIRCRAFT OR ANY WARRANTIES ARISING FROM ANY PAST PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT OR OTHERWISE, (2) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT (INCLUDING STRICT LIABILITY), AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO THE SERVICE WILL BE UNINTERRUPTEDAIRCRAFT, ERROR-FREEFOR LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO THE AIRCRAFT, FOR ANY LIABILITY OF ANY LESSEE TO ANY THIRD PARTY, FOR ANY LIABILITY OF THE PURCHASER TO ANY THIRD PARTY, OR COMPLETELY SECUREFOR ANY OTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND ALL SUCH WARRANTIES, GUARANTEES, REPRESENTATIONS, OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXPRESSLY EXCLUDED. (B) TELANIA DOES 12.3 THIS SECTION 12 SHALL NOT AND CANNOT CONTROL BE MODIFIED EXCEPT BY A WRITTEN AGREEMENT SIGNED ON BEHALF OF THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER SELLER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED PURCHASER BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESTHEIR RESPECTIVE DULY AUTHORIZED REPRESENTATIVES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) THE SERVICE IS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED IN THE PORTAL, INCLUDING THE MATERIALS, MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED IN THE SUPPORT PORTAL, INCLUDING THE MATERIALS, ARE PROVIDED ON AN “AS IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISKWITHOUT WARRANTY. TELANIA POOLWERX DOES NOT MAKEWARRANT THAT THE INFORMATION IN THE MATERIALS IS UP TO DATE OR ERROR-FREE, AND HEREBY DISCLAIMSNOR DOES IT PROVIDE ANY OTHER WARRANTIES, ANY AND ALL EXPRESS AND/WHETHER EXPRESSED OR IMPLIED WARRANTIESIN LAW, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE MATERIALS ARE NOT A PROGRAM OR DOCUMENTATION UNDER THE TERMS OF YOUR AGREEMENT(S) WITH POOLWERX. IN NO EVENT SHALL POOLWERX BE LIABLE FOR ANY DIRECT, NONINFRINGEMENT AND TITLEINDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE PORTAL OR ANY OTHER HYPERLINKED WEB SITE. NOTWITHSTANDING THE FOREGOING, POOLWERX RESPONSE TO SERVICE REQUESTS AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT PROGRAM UPDATES DISTRIBUTED THROUGH THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION PORTAL ARE SUBJECT TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID RELEVANT WARRANTIES AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY EXCLUSIVE REMEDIES STATED IN THE AGREEMENTAGREEMENT BETWEEN YOU AND POOLWERX. POOLWERX RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE PORTAL, THE MATERIALS, AND/OR THE PRODUCTS OR PROGRAMS DESCRIBED IN THE PORTAL AT ANY TIME WITHOUT NOTICE.

Warranties and Disclaimers. DOMAIN COMPUTER SERVICES, INC. MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED ON ITS’ OWN REGARDING THE FUNCTIONALITY, RELIABILITY OR QUALITY OF HARDWARE OR SOFTWARE, BUT INSTEAD RELIES ON THE WARRANTIES PROVIDED BY THE MANUFACTURER OF EACH PRODUCT. IN PARTICULAR, DOMAIN MAKES NO WARRANTY THAT (A) THE SERVICE BDR SYSTEM WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE BDR SYSTEM WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE BDR SYSTEM WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED. CLIENTS’ USE OF BDR PRODUCTS OR SERVICES IS AT THEIR OWN RISK. BDR SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK“AS AVAILABLE” BASIS. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE BDR SYSTEM IS DONE ACCESSED AT YOUR OWN DISCRETION AND RISK RISK, AND YOU AGREE TO ASSUME RESPONSIBILITY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM DEVICE OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE BDR SYSTEM IS NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. ALL HARDWARE COVERED UNDER THIS MANAGED CORE PLAN MUST BE COVERED UNDER A FULL MANUFACTURER'S ONSITE WARRANTY OR MAINTENANCE PLAN FOR THE ENTIRE DURATION OF THE SERVICES CONTRACT. ALL SOFTWARE MUST BE THE MOST CURRENT VERSION OR WITHIN ONE RELEASE OF THE MOST CURRENT AVAILABLE BY THE MANUFACTURER. ALL SOFTWARE OTHER THAN MICROSOFT MUST BE COVERED BY A SEPARATE MAINTENANCE OR SUPPORT AGREEMENT THAT MUST BE MADE ACCESSIBLE TO OUR SUPPORT TECHS FOR ASSISTANCE IF NECESSARY. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) a. YOUR USE OF THE SERVICE SITE, THE CONTENT, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS. INTEGRA WATER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE. NEITHER INTEGRA WATER NOR ANY PERSON ASSOCIATED WITH INTEGRA WATER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE CONTENT, OR THE MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, OR OTHERWISE RELATING TO THE SITE OR THE CONTENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. b. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE 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, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. c. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, 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 SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, SITE OR ANY AND ALL EXPRESS AND/SERVICES OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE ITEMS OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE SITE OR TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD DOWNLOADING OF ANY SUCH MATERIALCONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. MEMBER XXXXXXXX. MEMBER REPRESENTS AND WARRANTS TO THE BANK: (A) MEMBER HAS THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AUTHORITY TO ENTER INTO THIS AGREEMENT AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY PERFORM ITS OBLIGATIONS HEREUNDER AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT INFORMATION SUPPLIED BY MEMBER TO THE BANK IS ACCURATE AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURETRUE. ; (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION MEMBER WILL PROVIDE ALL REASONABLE ASSISTANCE TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID BANK AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. ITS SUBCONTRACTORS IN PROVIDING THE SERVICES SET FORTH HEREIN; (C) MEMBER AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH AUTHORIZED USERS WILL ONLY USE THE USE OF SERVICES FOR LAWFUL PURPOSES AND IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS AND WITH THE SERVICE IS DONE AT YOUR OWN DISCRETION BANK’S REASONABLE INSTRUCTIONS, RULES, POLICIES, SPECIFICATIONS, TERMS AND RISK CONDITIONS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR OPERATING PROCEDURES AND WILL NOT VIOLATE ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD LAW OF ANY SUCH MATERIAL. COUNTRY OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (D) MEMBER HAS ONLY TRANSMITTED ACCEPTABLE ITEMS FOR DEPOSIT AND HAS HANDLED THE ORIGINAL ITEMS FOLLOWING TRANSMISSION TO THE BANK AS AGREED, DIRECTED BY WITH THE BANK AND IN ACCORDANCE WITH APPLICABLE LAW; (E) MEMBER IS A PERSON AUTHORIZED TO ENFORCE EACH ITEM OR IS AUTHORIZED TO OBTAIN PAYMENT OF EACH ITEM ON BEHALF OF A PERSON ENTITLED TO ENFORCE AN ITEM; (F) THE ITEMS HAVE NOT BEEN ALTERED; (G) EACH ITEM BEARS ALL APPLICABLE INDORSEMENTS IN A RESTRICTED FORMAT AS DIRECTED BY THE BANK; (1) THE ELECTRONIC IMAGE PORTION OF EACH ITEM ACCURATELY AND LEGIBLY REPRESENTS ALL OF THE INFORMATION ON THE FRONT AND BACK OF THE ORIGINAL CHECK AS OF THE TIME THE ORIGINAL CHECK WAS TRUNCATED, (2) THE INFORMATION PORTION OF THE ITEM CONTAINS A RECORD OF ALL APPLICABLE MICR-­‐LINE INFORMATION REQUIRED FOR A SUBSTITUTE CHECK, AND (3) THE ITEM CONFORMS TO THE TECHNICAL STANDARDS FOR AN ELECTRONIC ITEM AS SPECIFIED BY THE BANK FROM TIME TO TIME; (J) MEMBER WILL SUBMIT ONLY ONE ACCURATE AND CLEAR IMAGE OF THE FRONT AND BACK OF EACH ITEM TO THE BANK ONLY ONE TIME; (K) MEMBER WILL NOT DEPOSIT THE ORIGINAL ITEM AND NO ADVICE PERSON WILL RECEIVE A TRANSFER, PRESENTMENT, OR INFORMATIONRETURN OF, WHETHER ORAL OR WRITTENOTHERWISE BE CHARGED FOR, OBTAINED THROUGH THE ITEM (EITHER THE ORIGINAL ITEM, OR FROM A PAPER OR ELECTRONIC REPRESENTATION OF THE SERVICE SHALL CREATE ORIGINAL ITEM) SUCH THAT THE PERSON WILL BE ASKED TO MAKE PAYMENT BASED ON AN ITEM IT HAS ALREADY PAID; (L) THE AMOUNT OF AN ITEM ENTERED BY MEMBER OR ANY WARRANTY AUTHORIZED USER FOR TRANSMISSION TO THE BANK IS ACCURATE; AND (M) MEMBER AND ANY AUTHORIZED USERS WILL NOT EXPRESSLY STATED IN (1) SELL, LEASE, DISTRIBUTE, LICENSE OR SUBLICENSE THE AGREEMENT.TECHNOLOGY OR SERVICES;

Warranties and Disclaimers. Lessor warrants that, (Ai) as of the Installation Date, Lessor shall have title to the Equipment or the right to lease the Equipment to Lessee, and (ii) so long as Lessee shall not be in material default of any of the provisions of any Lease, neither Lessor nor any Assignee or Secured Party will disturb Lessee's quiet enjoyment of the possession and use of the related Equipment for its intended purpose. Lessor hereby assigns to Lessee, to the extent assignable, the benefit of any applicable manufacturers warranties; provided, however, that Lessee's sole remedy for the breach of any such warranty shall be against the manufacturer of the Equipment and not against Lessor. LESSEE ACKNOWLEDGES THAT LESSOR IS NEITHER THE SERVICE IS PROVIDED MANUFACTURER OR SELLER OF THE EQUIPMENT NOR AN AGENT OF ANY SUCH PERSON. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION 5, LESSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE EQUIPMENT OR ANY SOFTWARE USED ON AN “THE EQUIPMENT INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. LESSEE LEASES THE EQUIPMENT, AND TAKES IT "AS IS” BASIS , WHERE IS WITH ALL FAULTS." LESSOR SHALL NOT BE LIABLE TO LESSEE, NOR SHALL THERE BE ANY ABATEMENT OR OTHER REDUCTION OR SET OFF IN RENT, FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE (INCLUDING NEGLIGENCE OR STRICT LIABILITY) CAUSED, DIRECTLY OR INDIRECTLY, BY THE EQUIPMENT OR ANY SOFTWARE, OR BY THE USE, MAINTENANCE, INTERRUPTION/LOSS OF SERVICE, OR ANY DELAY OR FAILURE TO PROVIDE ANY PART THEREOF, OR BY ANY REPAIRS, SERVICES, OR ADJUSTMENTS THERETO, OR FOR ANY LOSS OF BUSINESS OR OTHER DAMAGES WHATSOEVER. LESSEE AGREES THAT THE DISCLAIMERS OF WARRANTIES IN THIS LEASE ARE FUNDAMENTAL TO THIS TRANSACTION AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEARE EXPRESSLY BARGAINED FOR, AND HEREBY DISCLAIMSLESSOR WOULD NOT HAVE ENTERED INTO THIS MASTER LEASE WITHOUT SUCH DISCLAIMERS. LESSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOST PROFITS OF LESSEE OR ANY DIRECT, ANY AND ALL EXPRESS AND/INDIRECT, INCIDENTAL, PUNITIVE, OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED CONSEQUENTIAL DAMAGE TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OR EXPENSE OF DATA THAT RESULTS FROM LESSEE RESULTING FROM, RELATING TO OR IN ANY WAY BASED ON THE DOWNLOAD OF LEASE, THE EQUIPMENT, ANY SUCH MATERIALSOFTWARE OR THE USE THEREOF. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) 9.1. Wiley represents and warrants that it has the right and authority to make the Licensed Electronic Products available to the Customer and its Authorized Users pursuant to the terms and conditions of this Agreement and that, to the best of Wiley’s knowledge, the Licensed Electronic Products do not infringe upon any copyright, patent, trade secret or other proprietary right of any third party. 9.2. Wiley Online Library, the Electronic Products, WOAA, and WOAD may provide Authorized Users with links to third-party websites. Where such links exist, Wiley disclaims all responsibility and liability for the content of such third-party websites. Authorized Users assume sole responsibility for the accessing of third-party websites and the use of any content on such websites. 9.3. Except for the warranties provided by Wiley in Section 9.1 above, 9.3.x. XXXXX ONLINE LIBRARY, WOAA, WOAD, THE SERVICE IS ELECTRONIC PRODUCTS AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS AND USE BASIS, WITHOUT WARRANTIES OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEANY KIND, AND HEREBY DISCLAIMS, ANY AND ALL EITHER EXPRESS AND/OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITYTITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE; 9.3.b. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WILEY ONLINE LIBRARY, WOAA, WOAD, THE SERVICE ELECTRONIC PRODUCTS, AND ALL MATERIALS CONTAINED THEREIN IS DONE AT YOUR THE AUTHORIZED USER’S OWN DISCRETION RISK; 9.3.c. ACCESS TO WILEY ONLINE LIBRARY, WOAA, WOAD, THE ELECTRONIC PRODUCTS MAY BE INTERRUPTED AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY MAY NOT BE ERROR FREE; AND 9.3.d. NEITHER WILEY NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING WILEY ONLINE LIBRARY, WOAA, WOAD, THE ELECTRONIC PRODUCTS, OR THE MATERIALS CONTAINED THEREIN, WILL BE LIABLE FOR ANY DAMAGE DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE AUTHORIZED USER’S USE OF OR INABILITY TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM USE WILEY ONLINE LIBRARY, WOAA, WOAD, THE DOWNLOAD OF ANY SUCH MATERIALELECTRONIC PRODUCTS AND ALL MATERIALS CONTAINED THEREIN. 9.4. Wiley will indemnify and hold Customer harmless from and against any damages, costs and fees (Dincluding reasonable attorney’s fees) NO ADVICE OR INFORMATIONresulting from any judgment against Customer arising out of the claim of a third party that Wiley’s license of the Licensed Electronic Products or Customer’s use thereof constitutes an infringement of any copyright, WHETHER ORAL OR WRITTENpatent, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENTor trade secret of any such third party. This indemnity will survive termination of the Agreement for four years. This indemnity will not apply if the claim involves content which has been modified or used in a manner not permitted under this Agreement or if Customer has failed to comply with other material terms of this Agreement. 9.5. Customer must give prompt notice of an infringement claim to Wiley, provide such cooperation and assistance to Wiley as is reasonably necessary to defend the claim, and allow Wiley to have the sole control of the defense, provided, however, that the Customer retains the right to participate in the defense at its own expense. 9.6. The Lead Institution represents and warrants that it has been granted the authority to sign this Agreement for the benefit of the Member Institutions and will indemnify and hold Wiley harmless from and against any damages, costs and fees (including reasonable attorney’s fees) as a result of such warranty being incorrect or misleading. This indemnity will survive the termination of the Agreement.

Warranties and Disclaimers. (A) SOG WARRANTS THAT IT OWNS OR CONTROLS THE SERVICE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS PROVIDED ON AN ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” BASIS AND SOG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIESDATA, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES LOSS OF MERCHANTABILITYPROFIT OR BUSINESS INTERRUPTION, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET HOWEVER SAME MAY BE IMPAIRED OR DISRUPTEDCAUSED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.Geophysical Seismic Date Use License

Warranties and Disclaimers. (A) THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA ECOM DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA ECOM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA . ECOM DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIAECOM’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEEEND USER’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA ECOM WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA ECOM CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA ECOM DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) . ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) . NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (Aa) TO THE SERVICE EXTENT PERMITTED BY APPLICABLE LAW, LYNXSPRING, AND ALL CONTENT AVAILABLE FROM LYNXSPRING, IS PROVIDED ON AN “AS "AS-IS” " BASIS AND USE WITHOUT WARRANTIES OR CONDITIONS OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEANY KIND, AND HEREBY DISCLAIMS, ANY AND ALL EITHER EXPRESS AND/OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LYNXSPRING, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE ITS AGENTS OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECUREEMPLOYEES SHALL CREATE A WARRANTY. (Bb) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNETAll products and services purchased through Lynxspring are warranted for a period of eighteen (18) months from date of shipment (the “Warranty Period”) unless otherwise noted in a Limited Warranty included with a Product. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMESThe Warranty Period does not cover damage by abuse, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCESaccident, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLYmisuse, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESneglect, alteration, self-repair, improper installation, failure of supporting products and systems including electric power or exposer to conditions that exceed the Product stated recommendations. (Cc) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE You may choose whether to make a claim under these Terms and Conditions or the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty, you should contact Lynxspring’s technical support team. (d) YOU USE OF THE SERVICE IS DONE OUR PRODUCTS AT YOUR OWN DISCRETION AND RISK RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND YOU AGREE TO ASSUME RESPONSIBILITY FOR LYNXSPRING DISCLAIMS) ANY AND ALL LOSS, LIABILITY OR DAMAGES RESULTING FROM YOUR USE OF A PRODUCT, INCLUDING DAMAGE OR LOSS TO YOUR COMPUTER SYSTEM EQUIPMENT AND/OR SYSTEM(S), BUILDING, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS. UNLESS EXPLICITLY PROMISING A "GUARANTEE," LYNXSPRING DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC LEVEL OF ENERGY SAVINGS OR OTHER MONETARY BENEFIT FROM THE USE OF A PRODUCT OR ANY LOSS FEATURE THEREOF. ACTUAL ENERGY SAVINGS AND MONETARY BENEFITS VARY WITH FACTORS BEYOND LYNXSPRING’S CONTROL OR KNOWLEDGE. LYNXSPRING GIVES NO WARRANTY REGARDING THE LIFE OF DATA THAT RESULTS FROM THE DOWNLOAD BATTERIES USED IN A PRODUCT. ACTUAL BATTERY LIFE MAY VARY DEPENDING ON A NUMBER OF ANY SUCH MATERIALFACTORS, INCLUDING THE CONFIGURATION AND USAGE OF A PRODUCT. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) THE SERVICE IS PROVIDED ON AN “AIRCRAFT SHALL BE SOLD IN "AS IS” BASIS , WHERE IS" CONDITION AT DELIVERY AND, EXCEPT AS PROVIDED IN SECTION 9.01 AND USE 11.01, SELLER MAKES NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, THAT SHALL SURVIVE DELIVERY BY SELLER TO THE SERVICE IS AT YOUR OWN RISKAPPLICABLE BUYER HEREUNDER. TELANIA DOES NOT MAKEEACH BUYER WAIVES, RELEASES AND HEREBY DISCLAIMSRENOUNCES ALL GUARANTEES, WARRANTIES, REPRESENTATIONS, OBLIGATIONS, COVENANTS AND LIABILITIES OF SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN ANY AIRCRAFT PURCHASED BY AND DELIVERED TO SUCH BUYER, INCLUDING WITHOUT LIMITATION, ANY AND ALL EXPRESS AND/IMPLIED WARRANTY OF FITNESS FOR USE OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS MERCHANTABILITY OR USE FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES LIABILITY ARISING FROM ANY STRICT LIABILITY IN TORT, PRODUCTS LIABILITY, IMPLIED WARRANTY ARISING FROM COURSE OF DEALINGPERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, AIRWORTHINESS OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF USE, PROFIT OR OTHER CONSEQUENTIAL DAMAGES OR WITH RESPECT TO ANY SUCH MATERIALLESSEE. Nothing in the foregoing is intended to limit the specific provisions of this Agreement or the rights and remedies of either Buyer specifically provided for in this Agreement. Seller shall extend to the applicable Buyer the rights and benefits, to the extent that the same are not extinguished by the sale of the Aircraft, of any warranties, service life policies and patent indemnities of any Manufacturer and any maintenance and overhaul agencies of and for each of the Aircraft which Seller may have. Seller also hereby grants to the applicable Buyer rights of subrogation relating to any claim which Seller may have under such warranties concerning each of the Aircraft. Seller shall take such action as the Buyers may reasonably request and as may be reasonably necessary to secure such rights and protection for the Buyers. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) EXCEPT FOR THE SERVICE IS EXPRESS WARRANTY ABOVE, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICES AND THE PRODUCT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE“WITH ALL FAULTS”, AND HEREBY DISCLAIMSWITHOUT ANY REPRESENTATIONS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDINGCONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, BUT NOT LIMITED WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO: ACCURACY, WARRANTIES OF MERCHANTABILITYACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY SIMUTECH TO THE FULLEST EXTENT PERMITTED BY LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF SIMUTECH WILL CREATE ANY LEGALLY BINDING OR EFFECTIVE REPRESENTATION, WARRANTY OR PROMISE BY SIMUTECH. YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION AND USE OF THE PRODUCT AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND YOU USE THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER SERVICES AND THE INTERNETPRODUCT AT YOUR OWN RISK. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET TECHNOLOGY DISCLAIMER: SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED AFFECTED BY NUMEROUS FACTORS BEYOND SIMUTECH’S CONTROL, AND MAY NOT BE CONTINUOUS, UNINTERRUPTED OR DISRUPTEDSECURE. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE YOU ACKNOWLEDGE THAT SERVICES MAY BE SUBJECT TO AVOID LIMITATIONS, DELAYS, AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OTHER PROBLEMS INHERENT IN THE USE OF THE SERVICE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SIMUTECH IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THOSE PROBLEMS. EXCEPTIONS: THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS, AND SO THE DISCLAIMERS IN THIS AGREEMENT MIGHT NOT APPLY TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALYOU. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) THE SERVICE Xxxxxxxx has no special relationship with or fiduciary duty to you. You acknowledge that Subvenio has no control over, and no duty to take any action regarding: which users gain access to the Sites or Service; what Content you access via the Sites or Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Subvenio makes no representations concerning any Content contained in or accessed through the Sites or Service, and Subvenio will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites or the Service. ALL SITES’ INFORMATION IS PROVIDED ON AN “AS IS” BASIS AND USE WITHOUT WARRANTY OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEANY KIND, AND HEREBY DISCLAIMSSubvenio SPECIFICALLY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, NONINFRINGEMENT AND TITLEIN NO EVENT WILL Subvenio BE LIABLE FOR ANY DIRECT, AND INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY WARRANTIES THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREEYOUR ACCESS TO, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL USE OF, THESE SITES OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF ADVISED OF THE FLOW POSSIBILITY OF DATA SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. Subvenio RESERVES THE RIGHT TO MAKE CHANGES OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN UPDATES TO THESE SITES OR THE FAILURE TO ACT BY PRODUCTS OR PROGRAMS DESCRIBED IN THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS SITES AT ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESTIME WITHOUT NOTICE. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. 7.1 URC WARRANTS THAT THE URC EQUIPMENT SHALL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USAGE FOR ONE (A1) YEAR FROM PURCHASE WHEN SUCH IS PURCHASED FROM URC. URC SHALL NOT BE LIABLE FOR OPERATIONAL, TECHNICAL OR EDITORIAL ERRORS AND/OR OMISSIONS MADE IN THE SERVICE URC DOCUMENTATION. URC DOES NOT WARRANT THAT THE URC SOFTWARE IS BUG-FREE OR ERROR FREE OR THAT THERE ARE NO ERRORS/BUGS IN THE URC SOFTWARE. 7.2 URC WARRANTS THAT AT THE TIME OF PURCHASE THE URC EQUIPMENT AND THE URC SOFTWARE COMPLIED WITH ALL APPLICABLE REGULATIONS AND POLICIES OF THE FEDERAL COMMUNICATIONS COMMISSIONS (“FCC”) REGARDING ELECTROMAGNETIC INTERFERENCE CAUSED BY ELECTRONIC/COMPUTING DEVICES AND TO THE EXTENT THAT THE URC EQUIPMENT AND/OR THE URC SOFTWARE FAILS TO SO COMPLY, URC SHALL, AT ITS OWN EXPENSE, TAKE ALL REASONABLE MEASURES TO PROMPTLY CAUSE SUCH TO COMPLY. 7.3 TO MAKE A WARRANTY CLAIM, THE PROCEDURES SET FORTH IN THE APPLICABLE OWNER’S MANUAL APPLY AS TO THE UNIT OF THE URC EQUIPMENT AS TO WHICH A CLAIM APPLIES 7.4 URC EQUIPMENT PURCHASES FROM OTHER THAN AN AUTHORIZED URC DEALER OR DISTRIBUTOR ARE WITHOUT WARRANTY. 7.5 EXCEPT AS EXPRESSLY PROVIDED ON AN FOR HEREIN, THE EQUIPMENT, SOFTWARE AND DOCUMENTATION OF URC ARE SUPPLIED “AS IS” BASIS AND USE WITHOUT ANY WARRANTY, EXPRESS, STATUTORY OR IMPLIED, OF ANY KIND. TO THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND HEREBY DISCLAIMS, ANY AND URC EXPRESSLY DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDINGEXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TO THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA URC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTEDWARRANT, ERROR-FREEGUARANTEE, OR COMPLETELY SECUREMAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE EQUIPMENT, SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. (B) TELANIA 7.6 EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TECHNICAL SERVICES ARE SUPPLIED “AS IS”, WITHOUT ANY WARRANTY, EXPRESS, STATUTORY OR IMPLIED, OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, URC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF QUALITY OR REASONABLE SKILL AND CARE, OR OUTCOME OR RESULTS. 7.7 WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE OTHER PROVISIONS HEREIN, WARRANTY DOES NOT AND CANNOT CONTROL COVER: (I) DAMAGE FROM MISUSE, NEGLECT OR ACTS OR NATURE, (II) MODIFICATIONS, (III) INTEGRATION WITH THIRD PARTY CONTENT (IV) BEYOND THE FLOW OF DATA TO WARRANTY PERIOD AND/ OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT FOLLOW URC WARRANTY CLAIM PROCEDURE. 7.8 THE WARRANTY LIMITATIONS AND WARRANTY DISCLAIMERS OF THIS EUA MAY NOT APPLY TO END USER IN WHOLE OR IN PART, WHERE SUCH ARE RESTRICTED OR EXCLUDED BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION APPLICABLE LAW AND SUCH SHALL APPLY TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) SOG WARRANTS THAT IT OWNS OR CONTROLS THE SERVICE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS PROVIDED ON AN ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” BASIS AND SOG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIESDATA, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES LOSS OF MERCHANTABILITYPROFIT OR BUSINESS INTERRUPTION, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET HOWEVER SAME MAY BE IMPAIRED OR DISRUPTEDCAUSED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR[*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESConfidential treatment has been requested with respect to the omitted portions. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) THE SERVICE IS EXCEPT AS EXPRESSLY PROVIDED ON AN “OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND COMPANY, THIS SITE, AND ALL SITE MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS” BASIS AND USE " WITHOUT WARRANTY OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEANY KIND, AND HEREBY DISCLAIMSEITHER EXPRESS OR IMPLIED, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLEOR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (i) THE SITE MATERIALS, PRODUCTS, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALINGSERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE MATERIALS, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE PRODUCTS, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ALWAYS AVAILABLE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR COMPLETELY SECURE. RELIABLE; (Biv) TELANIA THE QUALITY OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE PRODUCTS AND SERVICES OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, WILL BE CORRECTED. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. COMPANY MAY MAKE CHANGES TO THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH SITE MATERIALS, PRODUCTS, AND/OR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) COMPANY DOES NOT AND CANNOT CONTROL CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES THROUGH THE FLOW OF DATA TO SITE, INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED BY THIRD PARTY VENDORS OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART THOSE ACCESSIBLE THROUGH LINKS ON THE PERFORMANCE OF INTERNET SITE; (ii) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES PROVIDED OFFERED AND/OR CONTROLLED PERFORMED BY THIRD PARTIES. AT TIMESTHE USE, ACTIONS TAKEN INSTALLATION, AND/OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID DOWNLOADING OF ANY SITE MATERIALS, PRODUCTS, AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED SERVICES THROUGH THE USE OF THE SERVICE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU AGREE TO ASSUME RESPONSIBILITY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY COMMUNICATIONS SYSTEMS OR SERVICES, LOSS OF DATA DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS INSTALLED, TRANSMITTED, OR DOWNLOADED TO YOUR COMPUTER OR COMMUNICATIONS SYSTEMS OR SERVICES FROM THE DOWNLOAD OF SITE OR IN CONNECTION WITH ANY SUCH MATERIAL. (D) SITE MATERIALS, PRODUCTS, AND SERVICES APPEARING ON AND/OR OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENTTERMS OF USE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS. LIMITATION OF LIABILITY. IN NO EVENT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Warranties and Disclaimers. Some of our Products may come with a limited warranty. Any of our paid Products include a limited warranty where we warrant that, for thirty (A30) days from the date of purchase, such Product will operate substantially in accordance with the Documentation and that the media (e.g., CD ROM), if any, on which such Product was provided to you will be free from defects in materials and workmanship. If you did not intentionally or accidentally cause the defect in the respective Product, your exclusive remedy for the breach of the foregoing limited warranty shall be, at our option, either (i) a return of the fee you paid; (ii) a replacement of the defective media on which the particular Product was provided to you; or (iii) receipt of a defective-free version of the respective Product by either us replacing the Product or fixing the underlying problem causing the defect. You must return any defective media to us or to the reseller that provided the media to you, at your expense, with a copy of your receipt. THIS LIMITED WARRANTY IS VOID IF YOU CAUSED THE SERVICE IS DEFECT, EITHER INTENTIONALLY OR ACCIDENTALLY. EXCEPT FOR THE LIMITED WARRANTY THAT MAY APPLY TO SOME OF OUR PRODUCTS, AND/OR PARTICULAR PARTS THEREOF, OUR PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND USE WE MAKE NO WARRANTY OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKEANY KIND AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND WHETHER EXPRESS, AND HEREBY DISCLAIMSIMPLIED, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, STATUTORY INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS WE ALSO EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RESULTING FROM WARRANTIES RELATING TO NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY OR RELATED ABILITY TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND INTEGRATE A PARTICULAR PRODUCT WITH OTHER PRODUCTS. YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE SELECTING A PARTICULAR PRODUCT TO ACHIEVE YOUR COMPUTER SYSTEM INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM SUCH PRODUCTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT OUR PRODUCTS WILL PROTECT AGAINST ALL POSSIBLE THREATS, BE ERROR-FREE OR ANY LOSS OF DATA FREE FROM INTERRUPTIONS OR OTHER FAILURES, THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALOUR PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT OUR PRODUCTS ARE FIT FOR USE IN SPECIAL RISK AREAS. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) THE SERVICE IS LAMBDATEST SERVICES AND DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS AND ‘AS AVAILABLE”. YOUR USE OF THE SERVICE IS SAME SHALL BE AT YOUR OWN SOLE RISK. TELANIA DOES NOT MAKENEITHER LAMBDATEST NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND HEREBY DISCLAIMS, LICENSORS MAKES ANY AND ALL EXPRESS AND/OR IMPLIED OTHER WARRANTIES, INCLUDINGEXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE PURPOSE OR TRADE PRACTICENONINFRINGEMENT. TELANIA LAMBDATEST DOES NOT WARRANT THAT THE CUSTOMER’S USE OF LAMBDATEST SERVICE WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE, NOR DOES LAMBDATEST WARRANT THAT IT WILL REVIEW THE CUSTOMER CONTENT FOR ACCURACY OR COMPLETELY SECURE. THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER CONTENT OR CUSTOMER END USER DATA WITHOUT LOSS. LAMBDATEST WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF LAMBDATEST. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, LAMBDATEST IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY OTHER LOSS OR DAMAGE RESULTING FROM (BI) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW TRANSFER OF DATA TO OR FROM TELANIA’S DATA CENTER OVER PUBLIC COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF LAMBDATEST SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY LOSS OF YOUR DATA OR CONTENT FROM THE LAMBDATEST SERVICES; OR (II) ANY DELAY OR DELIVERY FAILURE ON THE PERFORMANCE PART OF INTERNET SERVICES PROVIDED OR CONTROLLED ANY OTHER SERVICE PROVIDER NOT CONTRACTED BY THIRD PARTIES. AT TIMESLAMBDATEST, ACTIONS TAKEN OR AND CUSTOMER ACKNOWLEDGES THAT THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET SERVICE MAY BE IMPAIRED OR DISRUPTEDSUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CUSTOMER ACKNOWLEDGES THAT LAMBDATEST CANNOT GUARANTEE THAT THEY WILL NOT OCCURTHE ABSOLUTE PREVENTION OF CYBER-ATTACKS SUCH AS HACKING, SPYWARE, AND VIRUSES. ACCORDINGLY, TELANIA DISCLAIMS LAMBDATEST SHALL NOT BE LIABLE FOR ANY AND ALL LIABILITY RESULTING UNAUTHORIZED DISCLOSURE, LOSS OR DESTRUCTION OF CUSTOMER CONTENT ARISING FROM SUCH RISKS. YOU WILL NOT HAVE THE RIGHT TO MAKE OR RELATED PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF LAMBDATEST TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED THIRD PARTY. LAMBDATEST DOES NOT WARRANT, ENDORSE, GUARANTEE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH WEBSITE OR LAMBDATEST SERVICES, AND LAMBDATEST SHALL NOT BE A PARTY TO YOUR COMPUTER SYSTEM OR IN ANY LOSS WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALPRODUCT OR SERVICES. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. (A) 12.1 WITHOUT PREJUDICE TO THE SERVICE IS PROVIDED ON AN “EXPRESS TERMS AND CONDITIONS STATED HEREIN AND IN THE OTHER OPERATIVE DOCUMENTS, EACH AIRCRAFT WILL BE DELIVERED AND SOLD IN ITS "AS IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, WHERE IS" CONDITION, AND HEREBY DISCLAIMS, ANY EXCEPT AS EXPRESSLY STATED IN SECTION 8 OF THIS AGREEMENT AND ALL EXPRESS AS OTHERWISE REPRESENTED AND WARRANTED HEREIN IN THE OTHER OPERATIVE DOCUMENTS AND/OR IMPLIED IN THE BILL XX SALE OR ACKNOWLEDGEMENT OF DELIVERY (AS THE CASE MAY BE) FOR SUCH AIRCRAFT OR ANY CERTIFICATE DELIVERED PURSUANT TO THIS AGREEMENT, THE SELLER MAKES NO WARRANTIES, INCLUDINGGUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY OF THE AIRCRAFT. 12.2 SUBJECT AS PROVIDED IN SECTION 12.1 EACH PURCHASER WAIVES RELEASES AND RENOUNCES ALL WARRANTIES, OBLIGATIONS AND LIABILITIES OF ANY SELLER INCLUDING BUT NOT LIMITED TOTO (1) ANY IMPLIED WARRANTY AS TO THE DESCRIPTION, WARRANTIES OF AIRWORTHINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR ANY PURPOSE, NONINFRINGEMENT AND TITLEVALUE, AND CONDITION, DESIGN, DATE PROCESSING, USE OR OPERATION OF THE AIRCRAFT OR ANY WARRANTIES ARISING FROM ANY PAST PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT OR OTHERWISE, (2) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT (INCLUDING STRICT LIABILITY), AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO THE SERVICE WILL BE UNINTERRUPTEDAIRCRAFT, ERROR-FREEFOR LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO THE AIRCRAFT, FOR ANY LIABILITY OF ANY LESSEE TO ANY THIRD PARTY, FOR ANY LIABILITY OF THE PURCHASER TO ANY THIRD PARTY, OR COMPLETELY SECUREFOR ANY OTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND ALL SUCH WARRANTIES, GUARANTEES, REPRESENTATIONS, OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXPRESSLY EXCLUDED. (B) TELANIA DOES 12.3 THIS SECTION 12 SHALL NOT AND CANNOT CONTROL BE MODIFIED EXCEPT BY A WRITTEN AGREEMENT SIGNED ON BEHALF OF THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER SELLER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED PURCHASER BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESTHEIR RESPECTIVE DULY AUTHORIZED REPRESENTATIVES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. 12.1 WITHOUT PREJUDICE TO THE EXPRESS TERMS AND CONDITIONS STATED HEREIN AND IN THE OTHER OPERATIVE DOCUMENTS, EACH AIRCRAFT WILL BE DELIVERED AND SOLD (AOR IN THE CASE OF THE BI AIRCRAFT, DEEMED DELIVERED AND SOLD ON THE RELEVANT BI TRANSFER DATE TO GENESIS ) THE SERVICE IS PROVIDED ON AN IN ITS “AS IS, WHERE IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKECONDITION, AND HEREBY DISCLAIMSEXCEPT AS EXPRESSLY STATED IN SECTION 8 OF THIS AGREEMENT AND AS OTHERWISE REPRESENTED AND WARRANTED HEREIN, ANY AND ALL EXPRESS IN THE OTHER OPERATIVE DOCUMENTS AND/OR IMPLIED IN THE XXXX OF SALE OR ACKNOWLEDGEMENT OF DELIVERY AND/OR ASSIGNMENT OF BENEFICIAL INTEREST (AS THE CASE MAY BE) FOR OR IN RESPECT OF SUCH AIRCRAFT OR ANY CERTIFICATE DELIVERED PURSUANT TO THIS AGREEMENT, THE SELLER (AND THE APPLICABLE GENESIS ENTITY) MAKES NO WARRANTIES, INCLUDINGGUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY OF THE AIRCRAFT. 12.2 EACH PURCHASER WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES (EXCEPT AS OTHERWISE EXPRESSLY REPRESENTED AND WARRANTED BY GECC OR ANY SELLER IN THIS AGREEMENT, ANY XXXX OF SALE OR ACKNOWLEDGMENT OF DELIVERY, ANY ASSIGNMENT OF BENEFICIAL INTEREST OR IN ANY OTHER OPERATIVE DOCUMENT OR CERTIFICATE DELIVERED HEREUNDER), OBLIGATIONS AND LIABILITIES OF ANY SELLER (OR GENESIS ENTITY) INCLUDING BUT NOT LIMITED TOTO (1) ANY IMPLIED WARRANTY AS TO THE DESCRIPTION, WARRANTIES OF AIRWORTHINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR ANY PURPOSE, NONINFRINGEMENT AND TITLEVALUE, AND CONDITION, DESIGN, DATA PROCESSING, USE OR OPERATION OF THE AIRCRAFT OR ANY WARRANTIES ARISING FROM ANY PAST PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT OR OTHERWISE, (2) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT (INCLUDING STRICT LIABILITY), AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO THE SERVICE WILL BE UNINTERRUPTEDAIRCRAFT, ERROR-FREEFOR LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO THE AIRCRAFT, FOR ANY LIABILITY OF ANY LESSEE TO ANY THIRD PARTY, FOR ANY LIABILITY OF THE PURCHASER TO ANY THIRD PARTY, OR COMPLETELY SECUREFOR ANY OTHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; AND ALL SUCH WARRANTIES, GUARANTEES, REPRESENTATIONS, OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXPRESSLY EXCLUDED. (B) TELANIA DOES 12.3 THIS SECTION 12 SHALL NOT AND CANNOT CONTROL BE MODIFIED EXCEPT BY A WRITTEN AGREEMENT SIGNED ON BEHALF OF THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER SELLER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED PURCHASER BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESTHEIR RESPECTIVE DULY AUTHORIZED REPRESENTATIVES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. YOU REPRESENT AND WARRANT TO US THAT: (A) YOU HAVE THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AUTHORITY TO ENTER INTO THIS AGREEMENT AND USE OF THE SERVICE IS AT PERFORM YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY OBLIGATIONS HEREUNDER AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT INFORMATION SUPPLIED BY YOU TO US IS ACCURATE AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURETRUE. ; (B) TELANIA DOES NOT YOU WILL PROVIDE ALL REASONABLE ASSISTANCE TO US AND CANNOT CONTROL TO OUT SUBCONTRACTORS IN PROVIDING THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS SERVICES SET FORTH IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. THIS AGREEMENT; (C) YOU AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF YOUR AUTHORIZED USERS OF THE SERVICE IS DONE AT YOUR OWN DISCRETION SERVICES WILL ONLY USE THE SERVICES FOR LAWFUL PURPOSES AND RISK IN COMPLIANCE WITH ALL APPLICABLE RULES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR REGULATIONS AND WITH OUR REASONABLE INSTRUCTIONS, RULES, POLICIES, SPECIFICATIONS, TERMS AND CONDITIONS, AND OPERATING PROCEDURES AND WILL NOT VIOLATE ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD LAW OF ANY SUCH MATERIAL. COUNTRY OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (D) NO ADVICE EACH TIME YOU INITIATE A DEPOSIT TRANSACTION USING THE SERVICES, YOU HAVE ONLY TRANSMITTED ACCEPTABLE ITEMS FOR DEPOSIT AND HAVE HANDLED THE ORIGINAL ITEMS FOLLOWING TRANSMISSION TO US AS AGREED, DIRECTED BY WITH US AND IN ACCORDANCE WITH APPLICABLE LAW; (E) EACH TIME YOU INITIATE A DEPOSIT TRANSACTION USING THE SERVICES (E.G. MOBILE DEPOSIT CAPTURE OR INFORMATIONREMOTE DEPOSIT CAPTURE), WHETHER ORAL (1) YOU ARE A PERSON AUTHORIZED TO ENFORCE EACH ITEM OR WRITTENARE AUTHORIZED TO OBTAIN PAYMENT OF EACH ITEM ON BEHALF OF A PERSON ENTITLED TO ENFORCE AN ITEM, OBTAINED THROUGH OR (2) THE ITEMS HAVE NOT BEEN ALTERED, (3) EACH ITEM BEARS ALL APPLICABLE INDORSEMENTS IN A RESTRICTED FORMAT AS DIRECTED BY US, (4) THE ELECTRONIC IMAGE PORTION OF EACH ITEM ACCURATELY AND LEGIBLY REPRESENTS ALL OF THE INFORMATION ON THE FRONT AND BACK OF THE ORIGINAL CHECK AS OF THE TIME THE ORIGINAL CHECK WAS TRUNCATED, IF APPLICABLE, (5) THE INFORMATION PORTION OF THE ITEM CONTAINS A RECORD OF ALL APPLICABLE MICR-LINE INFORMATION REQUIRED FOR A SUBSTITUTE CHECK, IF APPLICABLE, (6) THE ITEM CONFORMS TO THE TECHNICAL STANDARDS FOR AN ELECTRONIC ITEM AS SPECIFIED BY US FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.TIME TO TIME,

Warranties and Disclaimers. (A) PURCHASER ACKNOWLEDGES THAT THE SERVICE SALE OF THE LEASE TRANSACTION HEREUNDER IS PROVIDED BEING MADE ON AN “AS IS” BASIS AND “WHERE IS” BASIS. EXCEPT AS SPECIFICALLY SET FORTH IN THIS XXXX OF SALE, THE PURCHASE AGREEMENT AND THE ASSIGNMENT AND ASSUMPTION AGREEMENT, SELLER MAKES NO, HEREBY DISCLAIMS ANY, AND PURCHASER HEREBY WAIVES ALL, OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER CONCERNING THE LEASE TRANSACTION OR THE ASSET INCLUDING, WITHOUT LIMITATION, THE SELECTION, QUALITY, OR CONDITION THEREOF, OR MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, THE OPERATION, PERFORMANCE OR MAINTENANCE THEREOF, PATENT INFRINGEMENT, ENVIRONMENTAL, PROPERTY OR USE ISSUES OR THE LIKE OR AS TO THE FINANCIAL CONDITION, RESULTS OF OPERATIONS OR BUSINESS OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKELESSEE, AND HEREBY DISCLAIMSTHE TRANSACTIONS CONTEMPLATED HEREBY, ANY AND ALL EXPRESS AND/THE ANTICIPATED OR IMPLIED WARRANTIESEXPECTED RESULTS THEREOF TO PURCHASER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES THE TAX CONSEQUENCES TO PURCHASER OF MERCHANTABILITYSUCH TRANSACTIONS UNDER FEDERAL, FITNESS STATE OR LOCAL LAWS, OR ANY OTHER MATTER WHATSOEVER. SELLER ALSO DISCLAIMS AND PURCHASER WAIVES ANY OBLIGATION OR LIABILITY TO PURCHASER FOR A PARTICULAR PURPOSELOSS OR INTERRUPTION OF USE, NONINFRINGEMENT AND TITLEREVENUE, PROFIT OR BUSINESS, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALINGFOR INCIDENTAL, USAGE SPECIAL OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURECONSEQUENTIAL DAMAGES. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Warranties and Disclaimers. 6.1 LICENSOR WARRANTS ONLY THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA AND HAS FULL AUTHORITY AND POWER TO GRANT TO LICENSEE THE USE RIGHTS COVERED BY THIS LICENSE. LICENSOR ASSUMES ALL LIABILITIES WHICH MAY ARISE OUT OF ITS ACTIVITIES IN ACQUIRING AND PROCESSING THE DATA, AND AGREES TO INDEMNIFY, DEFEND AND HOLD LICENSEE HARMLESS FROM ANY CLAIMS, ACTIONS, OR DAMAGES, INCLUDING ATTORNEY’S FEES AND EXPENSES, ARISING OUT OF SUCH ACTIVITIES, PROVIDED LICENSEE NOTIFIES LICENSOR PROMPTLY IN WRITING OF ANY SUCH CLAIMS AGAINST IT AND GIVES LICENSOR AUTHORITY, INFORMATION AND ASSISTANCE (AAT LICENSOR’S EXPENSE) FOR THE SERVICE IS PROVIDED DEFENSE OR ASSISTANCE IN THE DEFENSE OF SUCH PROCEEDINGS. 6.2 DATA DELIVERED TO LICENSEE HEREUNDER ARE, TO THE BEST OF THE KNOWLEDGE, INFORMATION AND BELIEF OF LICENSOR, PREPARED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL AND LICENSOR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IN RESPECT TO THE QUALITY, ACCURACY OR USEFULNESS OF SUCH DATA OR OTHERWISE AND ANY SUCH IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY NEGATED. SUCH DATA ARE DELIVERED HEREUNDER WITH THE EXPLICIT UNDERSTANDING AND AGREEMENT OF LICENSEE THAT ANY ACTION TAKEN OR EXPENDITURES MADE BY LICENSEE AND ITS RELATED ENTITIES AND MEMBERS OF ITS EXPLORATION GROUPS BASED ON AN “AS IS” BASIS AND ITS OR THEIR EXAMINATION, EVALUATION, INTERPRETATION OR USE OF THE SERVICE IS DATA SHALL BE AT YOUR ITS OWN RISK. TELANIA DOES NOT MAKE, RISK AND RESPONSIBILITY AND NEITHER LICENSEE NOR SUCH OTHER PARTIES SHALL HAVE ANY CLAIM AGAINST LICENSOR AND HEREBY DISCLAIMSRELEASES LICENSOR FROM ANY LIABILITY AS A CONSEQUENCE THEREOF. 6.3 LICENSOR MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY AND ALL EXPRESS AND/IMPLIED WARRANTY OR IMPLIED WARRANTIESREPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY NEGATED. 6.4 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREINABOVE, LICENSOR SHALL IN NO EVENT BE LIABLE TO LICENSEE OR ANY OTHER PARTIES FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS LICENSE OR THE USE BY LICENSEE OR SUCH OTHER PARTIES OF THE DATA, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES LOSS OF MERCHANTABILITYPROFIT OR BUSINESS INTERRUPTION, FITNESS FOR A PARTICULAR PURPOSEHOWEVER, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET SAME MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCESCAUSED. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.