Common use of Warranties and Disclaimers Clause in Contracts

Warranties and Disclaimers. (a) SISW warrants that it has all requisite rights to grant to Customer the rights and licenses purported to be granted pursuant to this Agreement. (b) SISW warrants that, as of the date the Software is made available to Customer via electronic download and for a period of 90 days thereafter (the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involved. Any refund is subject to the return of the Software or defective media to SISW. (c) Customer is responsible for the prevention of security issues with regard to its own systems and data, including Software hosted on Customer’s systems. Customer’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SISW DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

Warranties and Disclaimers. (a) SISW warrants 6.1. Each party represents that it has all requisite rights validly entered into this Agreement and has the legal power to grant do so and its provision of any materials in connection with this Agreement is authorized and does not breach its contractual obligations and/or any third party rights, including intellectual property rights. 6.2. We warrant that (i) Company shall implement and maintain reasonable security procedures and practices appropriate to the nature of any Customer Confidential Information disclosed to or accessible by Company in order to protect such information from unauthorized access, destruction, use, modification or disclosure, and that Company shall promptly notify Customer in writing in the event any unauthorized access to Customer Confidential Information is suspected and permit Customer to control any public notifications, with the rights reasonable assistance of Company; (ii) Company will take all commercially reasonable action to scan its software or technology to detect and licenses purported eradicate any virus, time-bomb, trojan horse, worm or other harmful or disabling code prior to be granted pursuant making such software or technology available to this Agreement. Customer; (biii) SISW warrants that, as Company shall use reasonable efforts to maintain the Services in a manner which minimizes errors and interruptions in the Services; and (iv) Company shall perform the professional services in a professional and workmanlike manner. In the event of any alleged breach of the date the Software is made available to Customer via electronic download and for a period of 90 days thereafter (the “Warranty Period”warranties set forth in sections 6.2(ii), (iii) or (iv) above, Customer shall provide prompt notice to Company of the Software will provide alleged breach with sufficient specificity of the features and functions generally described in non-conformance. Upon receipt of Customer’s notice, Company shall promptly reperform, repair or replace the Documentation and that the media on which the Software is furnishednon-conforming Services, if any, will at no additional cost to Customer. This remedy shall be free from defects in materials and workmanship. SISWCompany’s entire sole liability, and Customer’s exclusive remedy, during in the Warranty Period will be, at SISW’s option, to attempt to correct event of any alleged breach or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involved. Any refund is subject to the return breach of the Software warranties set forth in sections 6.2(ii), (iii) or defective media to SISW(iv). (c) Customer is responsible for the prevention of security issues with regard to its own systems and data6.3. CUSTOMER ACKNOWLEDGES THAT COMPANY HAS NOT REPRESENTED OR WARRANTED THAT THE SERVICES WILL BE UNINTERRUPTED, including Software hosted on Customer’s systemsERROR FREE OR WITHOUT DELAY. Customer’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED AS EXPRESSLY WARRANTED IN THIS SECTION 2.66, SISW MAKES ALL SERVICES PROVIDED PURSUANT TO THIS AGREEMENT ARE PROVIDED OR PERFORMED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND CUSTOMER RECEIVES NO EXPRESS CUSTOMER’S USE OF THE SERVICES IS SOLELY AT ITS OWN RISK. OTHER THAN AS SET FORTH IN THIS AGREEMENT, COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SISW DOES NOT WARRANT CUSTOMER ACKNOWLEDGES THAT THE OPERATION SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR MAINTENANCE, SCHEDULED OR UNSCHEDULED, EITHER BY COMPANY OR BY THIRD PARTY PROVIDERS, OR BECAUSE OF THE SOFTWARE WILL BE UNINTERRUPTED OTHER CAUSES BEYOND COMPANY’S REASONABLE CONTROL, BUT COMPANY SHALL USE REASONABLE EFFORTS TO PROVIDE ADVANCE NOTICE IN WRITING OR ERROR FREEBY EMAIL OF ANY SCHEDULED SERVICE DISRUPTION.

Warranties and Disclaimers. (a) SISW warrants 3.1. Vertiv represents that it has all requisite rights each Vertiv employee assigned to grant to Customer perform services under this Agreement possesses the rights skills and licenses purported training necessary to be granted pursuant able to this Agreementperform such services in a competent and professional manner. 3.2. The limited warranty on your Product is described on the Limited Warranty document that ships with the Product. You can choose to increase that limited warranty coverage up to a total of four (b4) SISW warrants thatyears by purchasing one or more Hardware Maintenance Packages. In that case, as for example, your hardware maintenance would run for up to 4 years from the date you purchased the Product. The limited warranty and hardware maintenance are subject to satisfaction of the date following conditions: (i) receipt by Vertiv of the Software is made available to Customer via electronic download and for a applicable service fee before the expiration of the applicable limited warranty period of 90 days thereafter (the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involved. Any refund is subject to the return Hardware; (ii) receipt of a description of the Software failure of the Hardware alleged or defective media found to SISWbe defective, furnished to Vertiv as soon as practical following discovery of such defect; and (iii) verification of the defect(s) by Vertiv Customer Support. (c) Customer is responsible for the prevention of security issues with regard to its own systems and data3.3. TO THE MAXIMUM EXTENT ALLOWED BY LAW, including Software hosted on Customer’s systems. Customer’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE VERTIV CORPORATION AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AFFILIATES DISCLAIM ALL OTHER WARRANTIES AND NOT AN EXPRESS WARRANTY CONDITIONS, WHETHER EXPRESS, IMPLIED, OR GUARANTEE. IN ADDITIONSTATUTORY, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILILTY, FITNESS FOR A PARTICULAR OR INTENDED PURPOSE, NON-INFRINGEMENT, AND TITLE, WITH RESPECT TO THE HARDWARE AND THE DOCUMENATATION. WITHOUT LIMITING THIS LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 3.4. IN NO EVENT WILL VERTIV BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE FOREGOINGSERCIES PROVIDED BY VERTIV, SISW DOES NOT WARRANT THAT OR THE OPERATION HARDWARE, EVEN IF VERTIV HAS BEEN ADVISED OF THE SOFTWARE POSSIBILITY OR KNEW OF OR SHOULD HAVE KNOWN THEREOF. VERTIV#S TOTAL LIABILITY HEREUNDER, IF ANY, WILL BE UNINTERRUPTED OR ERROR FREEIN NO EVENT EXCEED THE TOTAL AMOUND PAID TO VERTIV FOR HARDARE MAINTENANCE UNDER THIS AGREEMENT. 3.5. Some states do not allow limitations on an implied warranty and/or the exclusion of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you.

Warranties and Disclaimers. (aLimited Warranty. Anitian warrants to Subscriber that the Software will setup the Platform(s) SISW warrants properly. Provided that it has all requisite rights to grant to Customer Subscriber notifies Anitian in writing of any breach of the rights foregoing warranty during the term hereof, Anitian shall, as Subscriber's sole and licenses purported to be granted pursuant exclusive remedy, provide the support set forth in Addendum B Software Support to this Agreement. (b) SISW warrants that, as of the date the Software is made available to Customer via electronic download and for a period of 90 days thereafter (the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s entire liabilityThis warranty gives Subscriber specific legal rights, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, Subscriber may also have other rights which vary from jurisdiction to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involvedjurisdiction. Any refund is subject to the return of the Software or defective media to SISW. (c) Customer is responsible for the prevention of security issues with regard to its own systems and data, including Software hosted on Customer’s systemsDisclaimer. Customer’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) EXCEPT THE CLOUD SERVICE PROVIDER AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIESOR FOR ANY ACTS OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SISW DOES NOT WARRANT SUBSCRIBER ACKNOWLEDGES THAT THE OPERATION PROVIDER OF THE SOFTWARE WILL BE UNINTERRUPTED CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR ERROR FREEIMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY).

Warranties and Disclaimers. (a) SISW warrants 9.1 Veritas warrants, for licensee’s benefit alone, only that it owns or controls the ownership rights in the Licensed Data and has all requisite rights full authority and power to grant to Customer Licensee the use rights covered by this license. Veritas assumes all liabilities which may arise out of its activities in acquiring and licenses purported processing the Licensed Data, and agrees to be granted pursuant to this Agreementindemnify, defend and hold Licensee alone harmless from any claims, actions, or damages, including attorney’s fees and expenses, arising out of such activities, provided Licensee notifies Veritas promptly in writing of any such claims against it and gives Veritas authority, information and assistance (at Veritas’ expense) for the defense or assistance in the defense of such proceedings. (b) SISW warrants that, as 9.2 Part or all of the date Licensed Data may be recorded in one of the Software industry standard raw seismic data formats, SEG-D or SEG-Y. These formats contain data fields with only two digits for reporting the year of the survey. When any data recorded in either SEG-D or SEG-Y format is made available processed by Licensee, Licensee must insure that adequate steps are taken to Customer via electronic download accommodate any such two-digit year data. Veritas disclaims any and all liability for a period any direct or indirect damages of 90 days thereafter (the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involved. Any refund is subject any type suffered by Licensee due to the return presence of the Software two-digit year data in any Licensed Data recorded in SEG-D or defective media to SISW. (c) Customer is responsible for the prevention of security issues with regard to its own systems and dataSEG-Y format, including Software hosted on Customer’s systems. Customer’s responsibility includesincluding, but is not limited to, undesired invaders loss of or damage to the data itself or loss or damage to Licensee’s equipment, software such as malwareor other data. WITHOUT LIMITING THE FOREGOING, virusesVERITAS DISCLAIMS ANY AND ALL WARRANTIES, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and dataEITHER EXPRESS OR IMPLIED, THAT ANY DATA RECORDED IN SEG-D OR SEG-Y FORMAT IS “YEAR 2000” OR “Y2K” COMPLIANT INCLUDING SPECIFICALLY THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. (d) EXCEPT FOR 9.3 LICENSEE ACKNOWLEDGES IT IS ACCEPTING ALL LICENSED DATA “AS IS” AND VERITAS MAKES NOT REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IN RESPECT TO THE EXPRESS LIMITED ACCURACY OR USEFULNESS OF SUCH LICENSED DATA OR OTHERWISE AND ANY SUCH IMPLIED WARRANTIES PROVIDED IN THIS SECTION 2.6, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT ARE HEREBY EXPRESSLY NEGATED, INCLUDING SPECIFICALLY THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING SUCH LICENSED DATA IS DELIVERED HEREUNDER WITH THE FOREGOINGEXPLICIT UNDERSTANDING AND AGREEMENT OF LICENSEE THAT ANY ACTION TAKEN OR EXPENDITURES MADE BY LICENSEE AND ITS RELATED ENTITIES AND MEMBERS OF ITS EXPLORATION GROUP BASED ON ITS OR THEIR EXAMINATION, SISW DOES NOT WARRANT THAT THE OPERATION EVALUATION, INTERPRETATION OR USE OF THE SOFTWARE LICENSED DATA WILL BE UNINTERRUPTED AT ITS OWN RISK AND LICENSEE AND SUCH OTHER PARTIES RELEASE VERITAS FROM ANY LIABILITY AS A CONSEQUENCE THEREOF. 9.4 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREINABOVE, VERITAS WILL IN NO EVENT BE LIABLE TO LICENSEE OR ERROR FREETHE OTHER PARTIES REFERENCED IN SECTION 9.3 ABOVE 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 LICENSED DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. EXCEPT FOR THE INDEMNITY CONTAINED IN SECTION 9.1, VERITAS’ LIABILITY TO LICENSEE FOR ANY CLAIMS RELATED TO THE LICENSED DATA WILL NOT EXCEED THE TOTAL AMOUNT OF LICENSE FEES RECEIVED BY VERITAS UNDER THIS LICENSE.

Warranties and Disclaimers. 1. NewsReal represents and warrants to Distributor that: (a) SISW warrants that it has all requisite rights to grant to Customer the rights and licenses purported to be granted pursuant to Its entry into this AgreementAgreement does not violate any agreement with any other party. (b) SISW warrants that, as The use of the date the Software is made available to Customer via electronic download Service and for a period any of 90 days thereafter (the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involved. Any refund is subject NewsReal marks licensed hereunder as contemplated by this Agreement does not to the return knowledge of the Software NewsReal infringe any trade name, trademark, service mark, xxpyright or defective media to SISWpatent. (c) Customer is responsible for the prevention of security issues with regard to its own systems and data, including Software hosted on Customer’s systems. Customer’s responsibility includes, but is not limited to, undesired invaders The delivery or use of the software such as malwareService does not to the knowledge of NewsReal invade or violate any right to privacy, virusespersonal or proprietary right, spyware or Trojans and SISW disclaims responsibility for other common law or statutory right of any damages incurred as a result of Customer’s failure to secure its systems and dataperson. (d) EXCEPT Its performance under this Agreement and the use of the Service by Distributor anticipated by this Agreement conforms to all applicable laws and government rules and regulations. FINAL 2. Distributor represents and warrants that: (a) Its entry into this Agreement does not violate any agreement with any other party (b) Its performance under this Agreement will conform to applicable laws and government rules and regulations. (c) The use of the Distributor marks as contemplated by this Agreement does not to the knowledge of Distributor infringe any trade name, trademark, service mark, xxpyright or patent. 3. THE PARTIES AGREE THAT THE WARRANTIES STATED HEREIN ARE EXCLUSIVE AND THAT THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR THE EXPRESS LIMITED WARRANTIES PROVIDED A PARTICULAR PURPOSE RELATING TO ANY MATTERS IN THIS SECTION 2.6, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY AGREEMENT INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES SERVICE, DISTRIBUTOR'S COMPUTING AND DISTRIBUTION SYSTEM OR ANY OTHER COMPUTER OR TECHNICAL RESOURCES PROVIDED BY EITHER PARTY. 4. THE PARTIES AGREE THAT, EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER PARTY WARRANTS THE ACCURACY OR COMPLETENESS OF MERCHANTABILITY ANY INFORMATION CONTAINED IN THE SERVICE, DISTRIBUTOR SITE OR VIRTUAL DOMAIN (COLLECTIVELY "PROPERTY") OR PROVIDED HEREUNDER AND FITNESS NEITHER PARTY SHALL BE LIABLE IN ANY MANNER TO THE OTHER PARTY BASED ON ANY USE OF THE INFORMATION PROVIDED UNDER THE PROPERTY. FURTHER, NEITHER PARTY SHALL BE LIABLE FOR A PARTICULAR PURPOSEANY DELAY, INACCURACY, ERROR OR OMISSION IN THE INFORMATION PROVIDED UNDER THE PROPERTY OR RESULTING FROM THE TRANSMISSION, DELIVERY OF, OR ANY FAILURE TO DELIVER ANY PART OF THE PROPERTY. WITHOUT LIMITING HOWEVER, SUCH DELAYS, ERRORS, OMISSIONS, OR FAILURES TO DELIVER AS TO ALL OR PART OF THE FOREGOING, SISW PROPERTY MAY RESULT IN THE TERMINATION OF THIS AGREEMENT PURSUANT TO SECTION I. 5. THE PARTIES AGREE AND ACKNOWLEDGE THAT DISTRIBUTOR DOES NOT WARRANT THE PERFORMANCE OF DISTRIBUTOR'S COMPUTING AND DISTRIBUTION SYSTEM AND DISTRIBUTOR SHALL NOT BE LIABLE IN ANY MANNER TO NEWSREAL FOR FAILURES OF THAT SYSTEM, OR FOR ANY DELAY, INACCURACY, ERROR, FAILURE OR OMISSION RELATED TO THE OPERATION PERFORMANCE OF THAT SYSTEM. HOWEVER, SUCH DELAYS, ERRORS, OMISSIONS, OR FAILURES TO DELIVER AS TO ALL OR PART OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.SERVICE MAY RESULT IN THE TERMINATION OF THIS AGREEMENT PURSUANT TO SECTION I.

Warranties and Disclaimers. (a) SISW THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, MADE BY THE COMPANY HEREIN, EXCEPT FOR THE LIMITED WARRANTY AGAINST DEFECTS IN MATERIALS SET FORTH IN THE FOLLOWING PARAGRAPH. The Company warrants that it has all requisite rights to grant to Customer the rights and licenses purported to be granted pursuant to this Agreement. (b) SISW warrants that, Products shall meet the standard written specifications of the Company in effect as of the date the Software is made available to Customer via electronic download and for a period of 90 days thereafter (the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanshipdelivery. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involved. Any refund is subject to the return of the Software or defective media to SISW. (c) Customer is responsible for the prevention of security issues with regard to its own systems and data, including Software hosted on Customer’s systems. Customer’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) EXCEPT FOR THE EXPRESS THIS LIMITED WARRANTIES PROVIDED WARRANTY IS EXPRESSLY IN THIS SECTION 2.6, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS LIEU OF ANY OTHER WARRANTY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOINGPRODUCTS SUBJECT TO THE CONTRACT ARE NOT WARRANTED AS SUITABLE FOR ANY PARTICULAR PURPOSE PARTICULAR TO BUYER. THE SUITABILITY OF PRODUCTS FOR ANY PURPOSE PARTICULAR TO BUYER IS FOR XXXXX, SISW DOES NOT WARRANT THAT IN BUYER’S SOLE JUDGMENT, TO DETERMINE. THE OPERATION COMPANY ASSUMES NO RESPONSIBILITY FOR THE SELECTION OR FURNISHING OF PRODUCTS SUITABLE TO THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEINDIVIDUAL NEEDS AND PURPOSES OF BUYER. No claim of any kind against the Company shall exceed the Price of the Products that has actually been paid to the Company under the Contract; provided further that the size of any claim shall be limited in amount to the Price of the particular Order of Products and/or the Price of the actual quantity of Products delivered for which the Buyer is making a claim. The remedy hereby provided shall be the sole and exclusive remedy of Buyer; and any right of the Buyer to loss of profits or for special, indirect, incidental, exemplary, punitive or consequential damages of any kind is hereby excluded. No charges or expenses incident to any claims will be allowed unless approved in writing by an authorized representative of the Company.

Warranties and Disclaimers. (a) SISW HealthAxis hereby represents and warrants that it HealthAxis has and will have good, valid and merchantable title to the Non-Retail Presentation Layer Software and Other Common Modules and, subject to the limitations on the maximum amount of liability as set forth in Article XVI of the Asset Purchase Agreement, agrees to indemnify and hold Digital harmless from any and all requisite rights to grant to Customer damages, liability, loss, costs or expenses, including, but not limited to, reasonable attorney's fees, arising out of or resulting from any actual patent, copyright, trade secret, infringement or other claim or action against Digital regarding the rights Non-Retail Presentation Layer Software and licenses purported to be granted pursuant to this Other Common Modules. Digital/HealthAxis - Page 9 Software License and Consulting Agreement. (b) SISW warrants that, as Digital hereby acknowledges that version 3.0 of the date Retail Presentation Layer Rights and certain modules of the Non-Retail Presentation Layer Software is made and Other Common Modules are currently in various stages of development, and that until completion and final testing, these software items will not be available to Customer via electronic download Digital; HealthAxis hereby represents and for a period warrants to deliver releases thereof according to the timetable set forth in Schedule 4 and that such releases will substantially conform to the requirements and contain the functionality described in Exhibit A attached hereto. Simultaneously with each release or update of 90 days thereafter the Retail Presentation Layer Rights, HealthAxis shall convey and assign to Digital, without additional consideration, good, valid and merchantable title to all "Proprietary Rights" (as defined in the “Warranty Period”Asset Purchase Agreement) with respect to each such release or update (including, without limitation, any applicable source code, object and/or documentation relating thereto), the Software will provide the features free and functions generally described clear of all "Liens" (as defined in the Documentation Asset Purchase Agreement). Digital acknowledges that the software products being conveyed and/or licensed herein are of such complexity that they will likely contain bugs and defects which do not manifest themselves during HealthAxis's testing or during any testing performed by Digital, and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s entire as HealthAxis's sole liability, and Customer’s exclusive as Digital's sole remedy, during HealthAxis will use its best efforts as part of the Warranty Period will be, at SISW’s option, to attempt Services to correct or work around errorsdocumented bugs and defects as they are discovered from time to time. Notwithstanding the foregoing, to replace defective media on which Software is installedHealthAxis guarantees that the cost of developing, if any, or to refund the license fees for testing and implementing the Software involved. Any refund is subject Rights according to the return of specifications and functionality specified in Exhibit A shall not exceed the Software or defective media $250,000 per month payable by Digital pursuant to SISWSection 5.4 hereof. (c) Customer Digital acknowledges that the Services to be provided are of such complexity that it is responsible for the prevention of security issues with regard impossible to its own systems and dataensure against bugs or defects, including Software hosted on Customer’s systems. Customer’s responsibility includes, but is bugs or defects which do not limited to, undesired invaders manifest themselves during HealthAxis's performance of the software such as malwareServices or Digital's testing of the systems; however except for bugs arising in connection with the Additional Services which HealthAxis shall use its best efforts to correct, viruses, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure HealthAxis will fix all bugs relating to secure its systems and datathe Software Rights. (d) EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6Digital does hereby represent and warrant that Digital has and will have title to all hardware, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITIONsoftware and equipment to be provided by Digital to HealthAxis for use in connection with the Services, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDINGand does hereby indemnify and hold HealthAxis harmless from any and all damages, WITHOUT LIMITATIONliability, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOINGloss, SISW DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEcosts or expenses, including, but not limited to, reasonable attorney's fees, arising out of or resulting from any use by HealthAxis of such hardware, software and equipment, including, but not limited to, any such damages, liability, loss, costs or expenses resulting from any actual patent, copyright or trade secret infringement claim or action. (e) HealthAxis warrants that the functionality of the Software Rights does not require in any respects any use of the Non-Licensed Software.

Warranties and Disclaimers. (aLimited Warranty. Anitian warrants to Subscriber that the Software will setup the Platform(s) SISW properly.Provided that Subscriber notifies Anitian in writing of any breach of the foregoing warranty during the term hereof, Anitian shall, as Subscriber’s sole and exclusive remedy, provide the support set forth in Addendum B Software Support to this Agreement. This warranty gives Subscriber specific legal rights, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable Products, the Products will conform, in all material respects, with their Documentation. Anitian represents and warrants that it has all requisite rights will perform, consistent with industry practice, scans and run other virus and code review processes designed to grant to Customer the rights and licenses purported to be granted pursuant to this Agreement. (b) SISW warrants that, as of the date the Software is made available to Customer via electronic download and for a period of 90 days thereafter (the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and ensure that the media on which the Software is furnishedProducts will not contain any virus, if any, will be free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if anymalware, or any other computer code, files, or programs that are designed or intended to refund disrupt, damage, or limit the license fees for the Software involvedfunctioning of any software, hardware, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any third party. Any refund is subject to the return of the Software or defective media to SISW. (c) Customer is responsible for the prevention of security issues with regard to its own systems and data, including Software hosted on Customer’s systemsDisclaimer. Customer’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) EXCEPT THE CLOUD SERVICE PROVIDER AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIESOR FOR ANY ACTS OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SISW DOES NOT WARRANT SUBSCRIBER ACKNOWLEDGES THAT THE OPERATION PROVIDER OF THE SOFTWARE WILL BE UNINTERRUPTED CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR ERROR FREEIMPOSSIBLE TO ACCESS SUBSCRIBER’S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASEOF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY’S NETWORKS OR SERVERS OR COMPROMISE SECURITY).

Warranties and Disclaimers. 6.1. CLEARGLASS and User each represent and warrant that (ai) SISW warrants that it has all requisite rights the right to grant enter into the Agreement and (ii) it has the necessary legal rights, title, consents and authority to Customer disclose information (including Confidential Information) to the rights and licenses purported to be granted pursuant to other in accordance with this Agreement. 6.2. CLEARGLASS represents that the Information has been collected and compiled and will be provided in accordance with applicable local, state, federal and international laws, rules and regulations. 6.3. User acknowledges that the Information has been collected from completed Financial Conduct Authority Cost Transparency Initiative (bCTI) SISW warrants that, as templates and therefore CLEARGLASS specifically disclaims all warranties in respect of the date the Software is made available to Customer via electronic download and for a period of 90 days thereafter (the “Warranty Period”), the Software will provide the features and functions generally described data which it has received in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involved. Any refund is subject to the return of the Software or defective media to SISWsuch CTI templates. (c) Customer is responsible for the prevention of security issues with regard to its own systems and data6.4. ALL SERVICES ARE PROVIDED ON AN “AS-IS”, including Software hosted on Customer’s systems“AS AVAILABLE” BASIS. Customer’s responsibility includesTHOUGH CLEARGLASS IN ITS ROLE AS THE ASSIMILATOR OF DATA TAKES STEPS TO KEEP THE INFORMATION CURRENT AND PROMOTE DATA ACCURACY, but is not limited toOTHER THAN AS EXPLICITLY STATED IN THE AGREEMENT, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) EXCEPT FOR THE CLEARGLASS DISCLAIMS ALL WARRANTIES EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. OR IMPLIED INCLUDING ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, ACCURATE DATA ANALYSIS, CURRENTNESS MERCHANTABILITY AND OR FITNESS FOR A ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SISW CLEARGLASS DOES NOT WARRANT THAT THE OPERATION SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, COMPLETE OR ACCURATE, NOR DOES CLEARGLASS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED SERVICES AND CLEARGLASS DISCLAIMS ANY WARRANTY REPRESENTATION REGARDING AVAILABILITY OF A SERVICE, SERVICE LEVELS OR ERROR FREEPERFORMANCE. THE USER ACKNOWLEDGES THAT NOTHING IN THE SERVICE CONSTITUTES INVESTMENT ADVICE OF ANY KIND AND THAT THE SERVICES ARE PROVIDED ONLY FOR INFORMATIONAL PURPOSES AND THAT THE USER USES THE SERVICES ENTIRELY AT ITS OWN RISK.

Warranties and Disclaimers. (a) SISW warrants that it has all requisite rights to grant to Customer the rights and licenses purported to be granted pursuant to this Agreement. (b) SISW 6.1 Decipher warrants that, as of during the date the Software is made available to Customer via electronic download and for a period of 90 days thereafter (the “Warranty Period”)Term, the Software Services will provide the features and functions generally described be performed in material compliance with the Documentation and the Service Levels and in accordance with good industry practice. Client’s sole and exclusive remedy for breach of any of the foregoing warranties will be for Decipher to use reasonable efforts to repair such nonconformities within a reasonable time after Client provides notice to Decipher of such breach and, if the breach relates to a software error, after Decipher receives sufficient information to replicate the error. If this exclusive remedy is unenforceable for any reason, then the limitation of liability provisions set forth herein will apply to any resulting liability. 6.2 Decipher does not warrant that the media on which Services or the Software is furnished, if any, Deliverables will meet Client’s or its Affiliates’ requirements or that the Services provided under this Agreement will be error free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involvedoperate without interruption. Any refund is liability that Decipher may have under this Agreement will be subject to the return limitation of the Software or defective media to SISWliability provisions set forth herein. (c) Customer is responsible for the prevention of security issues with regard to its own systems and data6.3 EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE AGREEMENT, including Software hosted on Customer’s systems. Customer’s responsibility includesALL CONDITIONS, but is not limited toWARRANTIES, undesired invaders of the software such as malwareTERMS AND UNDERTAKINGS, virusesEXPRESS OR IMPLIED, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) EXCEPT FOR STATUTORY OR OTHERWISE, ARE HEREBY EXCLUDED TO THE EXPRESS EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. TO ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING IN PARTICULAR, ANY AND ALL WARRANTIES ARISING IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE ARE EXPRESSLY EXCLUDED. THIS IS A LIMITED WARRANTY AND IS THE FOREGOING, SISW DOES ONLY WARRANTY MADE BY DECIPHER. CLIENT HEREBY DISCLAIMS ANY RELIANCE ON ANY WARRANTY OR REPRESENTATION NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEEXPRESSLY SET FORTH IN THIS AGREEMENT.

Warranties and Disclaimers. (a) SISW Each party warrants that it has all requisite rights the legal power and authority to grant to Customer the rights and licenses purported to be granted pursuant to enter into this Agreement. . Ultra Commerce warrants that the Fixed-Term Service will materially comply with the Documentation under normal use and circumstances. You warrant that (b1) SISW warrants that, as You have neither falsely identified Yourself nor any user of the date Fixed-Term Service, nor provided any false information to gain access to the Software is made available to Fixed-Term Service, nor does any Customer via electronic download and for a period of 90 days thereafter (Data violate the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if anyprivacy rights of, or defame, any data subject or third party, (ii) You have provided any necessary notices and obtained any necessary consents from applicable data subjects as required by applicable law for Ultra Commerce and You to process Customer Data via the Fixed-Term Service and (iii) the billing information You provided is correct. Your sole and exclusive remedy for Ultra Commerce’s breach of warranty is (at our option) to repair or replace the Fixed- Term Service or refund to the license entity that paid Ultra Commerce the fees for the Software involvedperiod in which the Fixed-Term Service did not materially comply. Any refund is subject In order to receive either of these remedies, You must promptly notify Ultra Commerce of such breach. Except for the express warranties set forth herein, to the return of the Software or defective media to SISW. (c) Customer is responsible for the prevention of security issues with regard to its own systems and dataextent allowed by applicable law, including Software hosted on Customer’s systemsTHE SERVICE IS PROVIDED ‘AS IS’ AND ULTRA COMMERCE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. Customer’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, ULTRA COMMERCE, ITS SUPPLIERS AND AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6OR IMPLIED, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY MATTER INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES NONINFRINGEMENT OF MERCHANTABILITY AND THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE OF AND RESULTS OBTAINED FROM THE SERVICE. WITHOUT LIMITING THE FOREGOINGFOREGOING PROVISIONS, SISW DOES NOT WARRANT ULTRA COMMERCE MAKES NO WARRANTY OR REPRESENTATION THAT: (1) THE SERVICE WILL BE COMPLETELY SECURE, ERROR-FREE, FREE FROM VIRUSES OR FREE FROM INTERRUPTIONS OR OTHER FAILURES; OR (2) THAT THE OPERATION OF THE SOFTWARE SERVICE WILL BE UNINTERRUPTED MEET YOUR BUSINESS REQUIREMENTS OR ERROR FREEOPERATE WITH YOUR EXISTING SYSTEMS.

Warranties and Disclaimers. (aLimited Warranty. Anitian warrants to Subscriber that the Software will setup the Platform(s) SISW properly. Provided that Subscriber notifies Anitian in writing of any breach of the foregoing warranty during the term hereof, Anitian shall, as Subscriber's sole and exclusive remedy, provide the support set forth in Addendum B Software Support to this Agreement. This warranty gives Subscriber specific legal rights, and Subscriber may also have other rights which vary from jurisdiction to jurisdiction. Anitian warrants that during the Subscription Term for the applicable Products, the Products will conform, in all material respects, with their Documentation. Anitian represents and warrants that it has all requisite rights will perform, consistent with industry practice, scans and run other virus and code review processes designed to grant to Customer the rights and licenses purported to be granted pursuant to this Agreement. (b) SISW warrants that, as of the date the Software is made available to Customer via electronic download and for a period of 90 days thereafter (the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and ensure that the media on which the Software is furnishedProducts will not contain any virus, if any, will be free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if anymalware, or any other computer code, files, or programs that are designed or intended to refund disrupt, damage, or limit the license fees for the Software involvedfunctioning of any software, hardware, or telecommunications equipment or to damage or obtain access to any data or other information of Subscriber or any third party. Any refund is subject to the return of the Software or defective media to SISW. (c) Customer is responsible for the prevention of security issues with regard to its own systems and data, including Software hosted on Customer’s systemsDisclaimer. Customer’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) EXCEPT THE CLOUD SERVICE PROVIDER AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIESOR FOR ANY ACTS OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD SERVICE PROVIDER OR THIRD PARTY PRODUCTS. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SISW DOES NOT WARRANT SUBSCRIBER ACKNOWLEDGES THAT THE OPERATION PROVIDER OF THE SOFTWARE WILL BE UNINTERRUPTED CLOUD SERVICE PROVIDER MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR ERROR FREEIMPOSSIBLE TO ACCESS SUBSCRIBER'S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD SERVICE PROVIDER IN CERTAIN CIRCUMSTANCES (E.G., IN THE CASE OF A VIRUS, DENIAL-OF-SERVICE, OR SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE THIRD PARTY'S NETWORKS OR SERVERS OR COMPROMISE SECURITY).

Warranties and Disclaimers. (a) SISW Each party warrants that it has all requisite rights full authority to grant to Customer the rights enter into this Agreement and licenses purported to be granted pursuant to this Agreementis not bound by any contractual or legal restrictions from fulfilling its obligations hereunder. Transactility warrants that it will provide Services in a professional and workmanlike manner, using qualified personnel. (b) SISW Customer represents and warrants thatthat all data, as of the date the Software is information and other content made available to Transactility as part of any Services (“Customer via electronic download and for a period of 90 days thereafter Data”): (i) is owned by Customer, or Customer has the “Warranty Period”), the Software will full right to provide the features Customer Data for such processing; (ii) does not infringe or misappropriate any copyright, trademark, trade secret or other intellectual property right; (iii) does not violate any person’s right of privacy; and functions generally described in the Documentation and that the media on which the Software (iv) does not contain any unlawful material. Customer is furnished, if any, will be free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees solely responsible for the Software involved. Any refund is subject to the return accuracy and sufficiency of the Software Customer Data and acknowledges that Transactility has no responsibility or defective media intent to SISWreview or monitor any Customer Data. (c) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES PROVIDED BY TRANSACTILITY IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS-IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS WELL AS ANY WARRANTIES ARISING FROM USAGE IN THE TRADE OR A COURSE OF DEALING BETWEEN THE PARTIES ARE HEREBY DISCLAIMED. Transactility does not guarantee that the Software will be error-free or uninterrupted. Transactility will use reasonable good faith efforts to ensure that Software does not contain any code that weakens the security of the Software, including computer viruses, worms, Trojan horses, and all other forms of malicious code. Customer agrees that: (a) the Software is strictly a tool to be used in conjunction with good and reasonable business judgment by competent Customer personnel; (b) successful use of the Software and Services is dependent on Customer's use of proper procedures and systems, and (c) Customer is solely responsible for the prevention of security issues with regard to its own systems and data, including Software hosted on Customer’s systems. Customer’s responsibility includes, but is not limited to, undesired invaders any use made by Customer of the software such as malware, viruses, spyware output of the Software or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and datareliance therein. (d) EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6Certain Software and Services may integrate or interoperate with software or services provided by third-party vendors. Customer is solely responsible for obtaining accounts and agreements as required by such third-party vendors for use of their products and services. Transactility makes no representations or warranties with respect to the reliability, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIESsufficiency, operations, or information security policies and practices of such third-party vendors. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEEChanges to integration and/or interoperability specifications/software by third-party vendors may cause integrations to cease working and are not the responsibility of Transactility. (e) Certain Software may include open source components, as identified in the Documentation or the Commercial Terms Schedule. IN ADDITIONCustomer agrees that such open source software is provided pursuant to the applicable open source licenses identified in such Documentation or Commercial Terms Schedule, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SISW DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEand not under the terms of this Agreement.

Warranties and Disclaimers. Seller offers no warranties for the Building Materials. If a manufacturer’s warrant exists, Seller shall notify Buyer of the warranty when the Building Materials are delivered. The foregoing warranty shall not apply to any Building Materials which have been: (a) SISW warrants that it has all requisite rights to grant to Customer Used or operated in a manner inconsistent with the rights and licenses purported to be granted pursuant to this Agreement.use intended by Seller; (b) SISW warrants that, as of the date the Software is made available to Customer via electronic download and for Modified or repaired by anyone other than Seller’s personnel or Seller’s authorized service representatives in a period of 90 days thereafter (the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and that the media on manner which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct adversely affects its operations or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involved. Any refund is subject to the return of the Software or defective media to SISW.reliability; or (c) Customer is responsible Damaged because of accident, neglect or misuse by anyone other than Seller’s personnel, failure or surge of electrical power, air conditioning or humidity control, transportation, or other causes other than ordinary use. Seller disclaims all liability for the prevention of security issues with regard (i) any defect arising from normal wear and tear, willful damage, negligence, abnormal working conditions, failure to its own systems and datafollow Seller’s instructions (whether oral or in writing), including Software hosted on Customer’s systems. Customer’s responsibility includes, but is not limited to, undesired invaders misuse or alteration or repair of the software Building Materials without the Seller’s approval; (ii) for external causes such as malwareaccident, virusesabuse, spyware misuse, problems with electrical power, riot, vandalism, theft, fire flood, wind, lightning, freezing, acts of God; (iii) for problems caused by installation, removal or Trojans and SISW disclaims responsibility re- installation of the Building Materials or a portion thereof; (iv) for any damages incurred as a result of Customer’s usage not in accordance with instructions; (v) for failure to secure its systems and data. perform maintenance; or (dvi) EXCEPT FOR for problems caused by using incompatible accessories, parts, or components. THE EXPRESS LIMITED FOREGOING WARRANTIES PROVIDED APPLY ONLY TO THE ORIGINAL BUYER AND ARE IN THIS SECTION 2.6LIEU OF ALL OTHER WARRANTIES, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS EXPRESS, IMPLIED OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITIONSTATUTORY, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, INCLUDING WITHOUT LIMITATION, THE LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING SELLER SHALL IN NO CIRCUMSTANCES BE LIABLE IN CONTRACT, IN TORT OR OTHERWISE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE. The above exclusions of liability are not applicable to residents of New Jersey. With respect to residents of New Jersey, Seller shall not be liable for any damages unless such damages are the result of Seller’s negligent or reckless acts or omissions. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE FOREGOINGEXCLUSION OR LIMITATION OF DIRECT, SISW DOES INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEAPPLY TO YOU.

Warranties and Disclaimers. (a) SISW warrants that it has all requisite rights to grant to Customer the rights and licenses purported to be granted pursuant to this Agreement. (b) SISW 6.1 Decrypt warrants that, as of during the date the Software is made available to Customer via electronic download and for a period of 90 days thereafter (the “Warranty Period”)Term, the Software Services will provide the features and functions generally described be performed in material compliance with the Documentation and the Service Levels and in accordance with good industry practice. Client’s sole and exclusive remedy for breach of any of the foregoing warranties will be for Decrypt to use reasonable efforts to repair such nonconformities within a reasonable time after Client provides notice to Decrypt of such breach and, if the breach relates to a software error, after Decrypt receives sufficient information to replicate the error. If this exclusive remedy is unenforceable for any reason, then the limitation of liability provisions set forth herein will apply to any resulting liability. 6.2 Decrypt does not warrant that the media on which Services or the Software is furnished, if any, Deliverables will meet Client’s or its Affiliates’ requirements or that the Services provided under this Agreement will be error free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involvedoperate without interruption. Any refund is liability that Decrypt may have under this Agreement will be subject to the return limitation of the Software or defective media to SISWliability provisions set forth herein. (c) Customer is responsible for the prevention of security issues with regard to its own systems and data6.3 EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE AGREEMENT, including Software hosted on Customer’s systems. Customer’s responsibility includesALL CONDITIONS, but is not limited toWARRANTIES, undesired invaders of the software such as malwareTERMS AND UNDERTAKINGS, virusesEXPRESS OR IMPLIED, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) EXCEPT FOR STATUTORY OR OTHERWISE, ARE HEREBY EXCLUDED TO THE EXPRESS EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. TO ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING IN PARTICULAR, ANY AND ALL WARRANTIES ARISING IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE ARE EXPRESSLY EXCLUDED. THIS IS A LIMITED WARRANTY AND IS THE FOREGOING, SISW DOES ONLY WARRANTY MADE BY DECRYPT. CLIENT HEREBY DISCLAIMS ANY RELIANCE ON ANY WARRANTY OR REPRESENTATION NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEEXPRESSLY SET FORTH IN THIS AGREEMENT.

Warranties and Disclaimers. (a) SISW Storecheck warrants that it has all requisite rights to grant to Customer End User the rights and licenses purported to be granted pursuant to this Agreement. (b) SISW Storecheck warrants that, as of the date the that Software is made available to Customer via electronic download and for a period of 90 days thereafter (the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s Storecheck entire liability, and CustomerEnd User’s exclusive remedy, during the Warranty Period remedy unders this Agreement will be, at SISW’s option, be to attempt to correct or work around errors, to replace defective media on which . In no event does Storecheck warrant that the Software is installed, if any, error free or that End User will be able to refund the license fees for operate the Software involved. Any refund is subject to the return of the Software without problems or defective media to SISWinterruptions. (c) Customer End User is responsible for the prevention of security issues with regard to its own systems and data, including Software hosted on Customer’s systems. CustomerEnd User’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW Storecheck disclaims responsibility for any damages incurred as a result of CustomerEnd User’s failure to secure its systems and data. (d) EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6SECTION, SISW STORECHECK MAKES AND CUSTOMER END USERS RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER END USER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW STORECHECK SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SISW STORECHECK DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL STORECHECK OR ITS DISTRIBUITORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF STORECHECK OR ITS DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STORECHECK'S MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT AND/OR THE MASTER AGREEMENT, WILL BE LIMITED TO LOWER OF (I) THE DIRECT DAMAGES ACTUALLY INCURRED BY END USER AS A RESULT OF THE EVENT GIVING RISE TO LIABILITY, AND (II) THE TOTAL AMOUNT OF SERVICE FEES ACTUALLY PAID BY END USER TO STORECHECK UNDER THE MASTER AGREEMENT DURING THE TWELVE (12) MONTHS PERIOD PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO LIABILITY OCCURRED, EXCLUDING AMOUNTS ALREADY PAID BY STORECHECK UNDER THE SAME CAUSE FOR ANY PREVIOUS LIABILITIES. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT SHALL BE APPLICABLE EVEN IF ALL OTHER REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

Warranties and Disclaimers. (a) SISW Storecheck warrants that it has all requisite rights to grant to Customer End User the rights and licenses purported to be granted pursuant to this Agreement. (b) SISW Storecheck warrants that, as of the date the that Software is made available to Customer via electronic download and for a period of 90 days thereafter (the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s Storecheck entire liability, and CustomerEnd User’s exclusive remedy, during the Warranty Period remedy unders this Agreement will be, at SISW’s option, be to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involved. Any refund is subject to the return of the Software or defective media to SISW. (c) Customer End User is responsible for the prevention of security issues with regard to its own systems and data, including Software hosted on Customer’s systems. CustomerEnd User’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW Storecheck disclaims responsibility for any damages incurred as a result of CustomerEnd User’s failure to secure its systems and data. (d) EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6SECTION, SISW STORECHECK MAKES AND CUSTOMER END USERS RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER END USER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW STORECHECK SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SISW STORECHECK DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL STORECHECK OR ITS DISTRIBUITORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF STORECHECK OR ITS DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STORECHECK'S MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT AND/OR THE MASTER AGREEMENT, WILL BE LIMITED TO LOWER OF (I) THE DIRECT DAMAGES ACTUALLY INCURRED BY END USER AS A RESULT OF THE EVENT GIVING RISE TO LIABILITY, AND (II) THE TOTAL AMOUNT OF SERVICE FEES ACTUALLY PAID BY END USER TO STORECHECK UNDER THE MASTER AGREEMENT DURING THE TWELVE (12) MONTHS PERIOD PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO LIABILITY OCCURRED, EXCLUDING AMOUNTS ALREADY PAID BY STORECHECK UNDER THE SAME CAUSE FOR ANY PREVIOUS LIABILITIES. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT SHALL BE APPLICABLE EVEN IF ALL OTHER REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

Warranties and Disclaimers. (a) SISW Each Party warrants that it has validly entered into this Agreement and has the legal power to do so. CrowdStreet warrants that (a) the Subscription Services as provided and when used in accordance with the Documentation, will perform in all requisite rights to grant to Customer material respects as specified in such Documentation during the rights Subscription Term, and licenses purported to be granted pursuant to this Agreement. (b) SISW warrants thatCrowdStreet will not knowingly introduce any viruses, worms, time bombs, Trojan horses, or other harmful code designed to permit unauthorized access of the Subscription Services or Customer's computer systems (collectively referred to as "Viruses"). In the event of any breach of the warranties in subsections (a) and (b) above, CrowdStreet will, as its sole liability and Customer's sole remedy, diligently remedy any deficiencies that cause the Services to not conform to the foregoing warranty promptly after its receipt of written notice from Customer. CrowdStreet will not be liable to the extent that any breach of the date foregoing warranties are caused by (1) third-party components not provided by CrowdStreet, including their use in combination with the Software is made available to Customer via electronic download and for a period Subscription Services; (2) unauthorized use or use of 90 days thereafter the Subscription Services other than in accordance with the Documentation; or (the “Warranty Period”)3) Viruses introduced by Customer, the Software will provide the features and functions generally described in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if anyits agents, or to refund the license fees for the Software involvedUsers (collectively, "Exclusions"). Any refund is subject to the return of the Software or defective media to SISW. (c) Customer is responsible for the prevention of security issues with regard to its own systems and dataEXCEPT AS EXPRESSLY PROVIDED HEREIN, including Software hosted on Customer’s systems. Customer’s responsibility includesNEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, but is not limited toWHETHER EXPRESS, undesired invaders of the software such as malwareIMPLIED, virusesSTATUTORY OR OTHERWISE, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WAARRANTIES, INCLUDING ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, SISW DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREECrowdStreet 10.

Warranties and Disclaimers. (a) SISW Each party warrants that it has all requisite rights the legal power and authority to grant to Customer the rights and licenses purported to be granted pursuant to enter into this Agreement. . UltraServe warrants that the Fixed-Term Service will materially comply with the Documentation under normal use and circumstances. You warrant that (b1) SISW warrants that, as You have neither falsely identified Yourself nor any user of the date Fixed-Term Service, nor provided any false information to gain access to the Software is made available to Fixed-Term Service, nor does any Customer via electronic download and for a period of 90 days thereafter (Data violate the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if anyprivacy rights of, or defame, any data subject or third party, (ii) You have provided any necessary notices and obtained any necessary consents from applicable data subjects as required by applicable law for UltraServe and You to process Customer Data via the Fixed-Term Service and (iii) the billing information You provided is correct. Your sole and exclusive remedy for UltraServe’s breach of warranty is (at our option) to repair or replace the Fixed- Term Service or refund to the license entity that paid UltraServe the fees for the Software involvedperiod in which the Fixed-Term Service did not materially comply. Any refund is subject In order to receive either of these remedies, You must promptly notify UltraServe of such breach. Except for the express warranties set forth herein, to the return of the Software or defective media to SISW. (c) Customer is responsible for the prevention of security issues with regard to its own systems and dataextent allowed by applicable law, including Software hosted on Customer’s systemsTHE SERVICE IS PROVIDED ‘AS IS’ AND ULTRASERVE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. Customer’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, ULTRASERVE, ITS SUPPLIERS AND AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6OR IMPLIED, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY MATTER INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES NONINFRINGEMENT OF MERCHANTABILITY AND THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE OF AND RESULTS OBTAINED FROM THE SERVICE. WITHOUT LIMITING THE FOREGOINGFOREGOING PROVISIONS, SISW DOES NOT WARRANT ULTRASERVE MAKES NO WARRANTY OR REPRESENTATION THAT: (1) THE SERVICE WILL BE COMPLETELY SECURE, ERROR-FREE, FREE FROM VIRUSES OR FREE FROM INTERRUPTIONS OR OTHER FAILURES; OR (2) THAT THE OPERATION OF THE SOFTWARE SERVICE WILL BE UNINTERRUPTED MEET YOUR BUSINESS REQUIREMENTS OR ERROR FREEOPERATE WITH YOUR EXISTING SYSTEMS.

Warranties and Disclaimers. (a) SISW 5.1 Licensor warrants that it has all requisite rights to grant to Customer the rights and licenses purported to be granted pursuant to this Agreement. (b) SISW warrants that, as of the date the Software is made available to Customer via electronic download and for a period of 90 ninety (90) days thereafter (from the “Warranty Period”)start of the Term, the Software will provide perform substantially in accordance with the features Materials. Licensor shall not be liable for correcting, curing, or otherwise remedying any system defect or any other condition limiting or prohibiting normal operation of the Software, which is caused by: (a) the Licensee’s own systems (hardware and functions generally described in software); (b) interaction with other software not supported by the Documentation Software; or (c) Licensee’s Internet service provider or Licensee’s Internet connection. If Licensor is unable to remedy the warranty defect, Licensor’s and that the media on which the its Third-Party Software is furnished, if any, will be free from defects in materials licensors’ entire liability and workmanship. SISW’s entire liability, and CustomerLicensee’s exclusive remedy, during the Warranty Period remedy under this Agreement will be, at SISW’s optionthe sole option of Licensor and subject to applicable law, to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involved. Any refund is subject purchase price paid, and to the return of the Software or defective media to SISWterminate your Services. (c) Customer is responsible for the prevention of security issues with regard to its own systems and data, including Software hosted on Customer’s systems. Customer’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) 5.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE EXPRESS ABOVE LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6WARRANTY, SISW MAKES LICENSOR, ITS OWNERS, PARENTS, SUBSIDIARIES, AFFILIATES AND CUSTOMER ITS THIRD-PARTY SOFTWARE LICENSORS MAKE AND LICENSEE RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS WARRANTIES OR REPRESENTATIONS ABOUT CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND LICENSOR AND ITS THIRDPARTY SOFTWARE LICENSORS SPECIFICALLY DISCLAIM WITH RESPECT TO THE SOFTWARE AND ITS FUNCTIONALITY IN SERVICES, ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS, OR ERRORS, AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITIONANY IMPLIED WARRANTIES, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND TITLE, QUIET ENJOYMENT, QUIET POSSESSION, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOINGSOFTWARE AND SERVICES ARE NOT DESIGNED, SISW DOES NOT WARRANT THAT MANUFACTURED, DELIVERED, OR INTENDED FOR ANY USE WHERE FAILURE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU ASSUME RESPONSIBILITY FOR THE OPERATION SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR ITS USE AND RESULTS OBTAINED THEREFROM. 5.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE AGREES THAT NEITHER LICENSOR NOR ITS OWNERS, PARENTS, SUBSIDIARIES, AFFILIATES OR THIRD-PARTY SOFTWARE LICENSORS, SHALL BE LIABLE FOR ANY LOSS OF DATA OR PRIVACY, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY, OR OTHER LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SOFTWARE OR SERVICES, OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SOFTWARE, OR THE SERVICES. THIS LIMITATION WILL BE UNINTERRUPTED APPLY EVEN IF LICENSOR AND ITS THIRD-PARTY SOFTWARE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. 5.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR’S, OR ERROR FREELICENSOR’S THIRD-PARTY SOFTWARE 7 LICENSORS’, LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY LICENSEE TO LICENSOR. LICENSEE ACKNOWLEDGES THAT THE SERVICES, THIS AGREEMENT, AND THE FEES PAID BY LICENSEE REFLECT ALLOCATIONS OF RISK.

Warranties and Disclaimers. (a) SISW BCKS warrants that it has all requisite rights to grant to Customer the rights and licenses purported to be granted pursuant to this Agreement. (b) SISW BCKS warrants that, as of the date the Software is made available to Customer via electronic download and for a period of 90 days thereafter (the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISWBCKS’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISWBCKS’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involved. Any refund is subject to the return of the Software or defective media to SISWBCKS. (c) Customer is responsible for the prevention of security issues with regard to its own systems and data, including Software hosted on Customer’s systems. Customer’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW BCKS disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6, SISW BCKS MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW BCKS SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SISW BCKS DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

Warranties and Disclaimers. (a) SISW 4.1 Proofpoint warrants that it has the Continuity Services will substantially conform in all requisite rights material respects in accordance with the Continuity Services Documentation. Customer will provide prompt written notice of any non- conformity. Proofpoint may modify the Continuity Services Documentation in its sole discretion, provided the functionality of the Continuity Services will not be materially decreased during the Term. As Customer’s sole and exclusive remedy and Proofpoint’s entire liability for any breach of the foregoing warranty, Proofpoint will: (i) use reasonable efforts to grant fix, provide a work around, or otherwise repair or replace the Continuity Services or, if Proofpoint is unable to Customer do so; (ii) terminate this Continuity Services Exhibit and return the rights and licenses purported Subscription Fees paid to be granted pursuant to this AgreementProofpoint or Reseller for such allegedly defective Continuity Services for the period commencing from Customer’s notice of nonconformity through the remainder of the Initial Term or Extension Term, as applicable. (b) SISW warrants that, as of the date the Software is made available to Customer via electronic download and for a period of 90 days thereafter (the “Warranty Period”), the Software will provide the features and functions generally described in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involved. Any refund is subject to the return of the Software or defective media to SISW. (c) Customer is responsible for the prevention of security issues with regard to its own systems and data, including Software hosted on Customer’s systems. Customer’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SISW 4.2 PROOFPOINT DOES NOT WARRANT THE ACCURACY OF THE INTENDED EMAIL BLOCKING OF ANY MAIL MESSAGE, THAT THE PROOFPOINT PRODUCTS WILL MEET CUSTOMER’S REQUIREMENTS OR THAT EMAIL WILL NOT BE LOST OR THAT THE PROOFPOINT PRODUCTS WILL NOT GIVE FALSE POSITIVE OR FALSE NEGATIVE RESULTS OR THAT ALL SPAM AND VIRUSES WILL BE ELIMINATED OR THAT LEGITIMATE MESSAGES WILL NOT BE OCCASIONALLY QUARANTINED AS SPAM. PROOFPOINT DOES NOT WARRANT THE OPERATION OF THE SOFTWARE PROOFPOINT PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREEERROR-FREE OR THAT ALL SOFTWARE ERRORS WILL BE CORRECTED.

Warranties and Disclaimers. 1. NewsReal represents and warrants to Distributor that: (a) SISW warrants that it has all requisite rights to grant to Customer the rights and licenses purported to be granted pursuant to Its entry into this AgreementAgreement does not violate any agreement with any other party. (b) SISW warrants thatThe Services (including without limitation the Information and Content, as Links and any other software, content and other materials used by NewsReal in the provision of the date the Software is made available to Customer via electronic download Services) and for a period any of 90 days thereafter (the “Warranty Period”), the Software NewsReal marks licensed hereunder will provide the features and functions generally described in the Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. SISW’s entire liability, and Customer’s exclusive remedy, during the Warranty Period will be, at SISW’s option, to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involved. Any refund is subject not to the return knowledge of the Software NewsReal infringe any trade name, trademark, trade secret, service mark, xxpyright or defective media to SISWpatent. (c) Customer is responsible for the prevention of security issues with regard to its own systems and data, including Software hosted on Customer’s systems. Customer’s responsibility includes, but is not limited to, undesired invaders The delivery or use of the software such as malwareServices (including without limitation the Information and Content, virusesLinks and any other software, spyware content and other materials used by NewsReal in the provision of the Services) does not invade or Trojans and SISW disclaims responsibility for violate any damages incurred as a result right to privacy, personal or proprietary right, or other common law or statutory right of Customer’s failure to secure its systems and dataany person. (d) EXCEPT Its performance under this Agreement and the use of the Services by Distributor anticipated by this Agreement conforms to all applicable laws and government rules and regulations. 2. Distributor represents and warrants that: (a) Its entry into this Agreement does not violate any agreement with any other party. (b) Its performance under this Agreement will conform to applicable laws and government rules and regulations. (c) The use of the Distributor marks as contemplated by this Agreement does not to the knowledge of Distributor infringe any trade name, trademark, service mark, xxpyright or patent. 3. THE PARTIES AGREE THAT THE WARRANTIES STATED HEREIN ARE EXCLUSIVE AND THAT THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR THE EXPRESS LIMITED WARRANTIES PROVIDED A PARTICULAR PURPOSE RELATING TO ANY MATTERS IN THIS SECTION 2.6, SISW MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FUNCTIONALITY IN ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY AGREEMENT INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY SERVICES, DISTRIBUTOR'S COMPUTING AND FITNESS FOR A PARTICULAR PURPOSEDISTRIBUTION SYSTEM OR ANY OTHER COMPUTER OR TECHNICAL RESOURCES PROVIDED BY EITHER PARTY. 4. WITHOUT LIMITING THE FOREGOINGPARTIES AGREE THAT, SISW EXCEPT AS OTHERWISE PROVIDED HEREIN, NEWSREAL DOES NOT WARRANT THAT THE OPERATION ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN THE SERVICES OR PROVIDED HEREUNDER AND NEWSREAL SHALL NOT BE LIABLE IN ANY MANNER TO DISTRIBUTOR BASED ON ANY USE OF THE SOFTWARE WILL INFORMATION PROVIDED UNDER THE SERVICES. FURTHER, TO THE EXTENT THE RESULT OF THE PERFORMANCE (OR LACK OF PERFORMANCE) OF NEWSREAL'S COMPUTING AND DISTRIBUTION SYSTEM OR OTHERWISE NOT WITHIN NEWSREAL'S CONTROL, NEWSREAL SHALL NOT BE UNINTERRUPTED LIABLE FOR ANY DELAY, INACCURACY, ERROR OR ERROR FREE.OMISSION IN THE INFORMATION PROVIDED UNDER THE SERVICES OR RESULTING FROM THE TRANSMISSION, DELIVERY OF, OR ANY FAILURE TO DELIVER ANY PART OF THE SERVICES. HOWEVER, SUCH DELAYS, ERRORS, OMISSIONS, OR FAILURES TO DELIVER AS TO ALL OR PART OF THE SERVICES MAY RESULT IN THE TERMINATION OF THIS AGREEMENT PURSUANT TO SECTION I. 5. THE PARTIES AGREE AND ACKNOWLEDGE THAT DISTRIBUTOR DOES NOT WARRANT THE PERFORMANCE OF DISTRIBUTOR'S COMPUTING AND DISTRIBUTION SYSTEM AND DISTRIBUTOR SHALL NOT BE LIABLE IN ANY MANNER TO NEWSREAL FOR FAILURES OF THAT SYSTEM, OR FOR ANY DELAY, INACCURACY, ERROR, FAILURE OR OMISSION RELATED TO THE PERFORMANCE OF THAT SYSTEM. HOWEVER, SUCH DELAYS, ERRORS, OMISSIONS, OR FAILURES TO DELIVER AS TO ALL OR PART OF THE SERVICES MAY RESULT IN THE TERMINATION OF THIS AGREEMENT PURSUANT TO SECTION I.

Warranties and Disclaimers. (a) SISW 5.1 Licensor warrants that it has all requisite rights to grant to Customer the rights and licenses purported to be granted pursuant to this Agreement. (b) SISW warrants that, as of the date the Software is made available to Customer via electronic download and for a period of 90 ninety (90) days thereafter (from the “Warranty Period”)start of the Term, the Software will provide perform substantially in accordance with the features Materials. Licensor shall not be liable for correcting, curing, or otherwise remedying any system defect or any other condition limiting or prohibiting normal operation of the Software, which is caused by: (a) the Licensee’s own systems (hardware and functions generally described in software); (b) interaction with other software not supported by the Documentation Software; or (c) Licensee’s Internet service provider or Licensee’s Internet connection. If Licensor is unable to remedy the warranty defect, Licensor’s and that the media on which the its Third-Party Software is furnished, if any, will be free from defects in materials licensors’ entire liability and workmanship. SISW’s entire liability, and CustomerLicensee’s exclusive remedy, during the Warranty Period remedy under this Agreement will be, at SISW’s optionthe sole option of Licensor and subject to applicable law, to attempt to correct or work around errors, to replace defective media on which Software is installed, if any, or to refund the license fees for the Software involved. Any refund is subject purchase price paid, and to the return of the Software or defective media to SISWterminate your Services. (c) Customer is responsible for the prevention of security issues with regard to its own systems and data, including Software hosted on Customer’s systems. Customer’s responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and SISW disclaims responsibility for any damages incurred as a result of Customer’s failure to secure its systems and data. (d) 5.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE EXPRESS ABOVE LIMITED WARRANTIES PROVIDED IN THIS SECTION 2.6WARRANTY, SISW MAKES LICENSOR, ITS OWNERS, PARENTS, SUBSIDIARIES, AFFILIATES AND CUSTOMER ITS THIRD-PARTY SOFTWARE LICENSORS MAKE AND LICENSEE RECEIVES NO EXPRESS WARRANTIES. ANY STATEMENTS WARRANTIES OR REPRESENTATIONS ABOUT CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND LICENSOR AND ITS THIRD- PARTY SOFTWARE LICENSORS SPECIFICALLY DISCLAIM WITH RESPECT TO THE SOFTWARE AND ITS FUNCTIONALITY IN SERVICES, ANY COMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS, OR ERRORS, AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITIONANY IMPLIED WARRANTIES, SISW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND TITLE, QUIET ENJOYMENT, QUIET POSSESSION, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOINGSOFTWARE AND SERVICES ARE NOT DESIGNED, SISW DOES NOT WARRANT THAT MANUFACTURED, DELIVERED, OR INTENDED FOR ANY USE WHERE FAILURE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU ASSUME RESPONSIBILITY FOR THE OPERATION SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR ITS USE AND RESULTS OBTAINED THEREFROM. 5.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE AGREES THAT NEITHER LICENSOR NOR ITS OWNERS, PARENTS, SUBSIDIARIES, AFFILIATES OR THIRD-PARTY SOFTWARE LICENSORS, SHALL BE LIABLE FOR ANY LOSS OF DATA OR PRIVACY, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY, OR OTHER LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SOFTWARE OR SERVICES, OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SOFTWARE, OR THE SERVICES. THIS LIMITATION WILL BE UNINTERRUPTED APPLY EVEN IF LICENSOR AND ITS THIRD-PARTY SOFTWARE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. 5.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR’S, OR ERROR FREELICENSOR’S THIRD-PARTY SOFTWARE‌ LICENSORS’, LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY LICENSEE TO LICENSOR. LICENSEE ACKNOWLEDGES THAT THE SERVICES, THIS AGREEMENT, AND THE FEES PAID BY LICENSEE REFLECT ALLOCATIONS OF RISK.