Common use of Warranties and Limitation of Liability Clause in Contracts

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts to provide continuous, uninterrupted, expedient and error-free Service to Client. iHealthSpot warrants that it will perform its services with professional thoroughness and competence. NO OTHER WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY OR SECURITY, is created by this Agreement. b. iHealthSpot shall under no circumstances be liable to Client or any other party for any special, incidental, consequential or punitive damages, including loss of profits or income, or cost of replacement Service. iHealthSpot’s sole liability, and Client’s sole remedy shall be limited to (i) having iHealthSpot bear the reasonable cost of repairing any part of the Service that does not meet the above warranty, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of Service, or mistakes, omissions, delays, errors, defects, deletion of files, or loss of or damage to data in the provision of the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. c. Through Client’s use of the Service, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage of any transaction records.

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts to provide continuous, uninterrupted, expedient 8.1 ONLYOFFICE Docs Enterprise Edition and error-free Service to Client. iHealthSpot warrants that it will perform its all related services with professional thoroughness and competence. NO OTHER WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY OR SECURITY, is created by are provided “as is” without any warranties unless otherwise specified in this Agreement. b. iHealthSpot shall 8.2 To the maximum extent permitted by law, we exclude all warranties unless otherwise specified in this Agreement. 8.3 We and/or any of our subsidiaries, employees, agents and affiliates are not liable for any loss or damage that may arise to you under no circumstances be liable or in connection with this Agreement or by using or in connection with ONLYOFFICE Docs Enterprise Edition, including but not limited to Client any (direct or indirect) monetary loss, loss of contracts, goodwill, reputation and any loss that may arise from interruption of the business or any other party type of loss or damage. 8.4 Each Party’s aggregate liability toward the other Party is limited by the amount of License Fees that have already been paid or under this Agreement unless otherwise specified in this Agreement. 8.5 We warrant and represent that: (a) we shall at all times have full capacity and authority to enter into and perform this Agreement and that it is executed by a duly authorized representative of us; (b) we shall perform our obligations pursuant to this Agreement in compliance with all applicable laws; (c) we have obtained and will maintain all necessary licenses, permissions, authorizations, consents, approvals and permits to enter into and perform our obligations under this Agreement; (d) we own, have obtained or shall obtain valid licenses for all Intellectual Property Rights that are necessary for the performance of our obligations under this Agreement and the use of ONLYOFFICE Docs Enterprise Edition by you; (e) ONLYOFFICE Docs Enterprise Edition is and shall remain in compliance with the Specification set out on our official website xxx.xxxxxxxxxx.xxx; (f) ONLYOFFICE Docs Enterprise Edition and all upgrades to ONLYOFFICE Docs Enterprise Edition provided or released by us shall not infringe any special, incidental, consequential or punitive damages, including loss of profits or income, or cost of replacement Service. iHealthSpotthird party’s sole liability, Intellectual Property Rights and Client’s sole remedy shall be limited to free from material errors and defects. 8.6 We shall indemnify you in full and on demand against all claims, demands, actions, costs, expenses (including legal costs and disbursements), losses and damages arising from or incurred by reason of (i) having iHealthSpot bear any infringement of any Intellectual Property Right by ONLYOFFICE Docs Enterprise Edition or the reasonable cost of repairing any part of the Service that does not meet the above warranty, services; or (ii) an amount equal to any breach of the amounts paid by Client warranties in clause 8.5. 8.7 We shall promptly notify you if any claim or demand is made or action brought against us for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions infringement of Service, any Intellectual Property right that may affect our supply of ONLYOFFICE Docs Enterprise Edition or mistakes, omissions, delays, errors, defects, deletion of files, or loss of or damage to data in the provision of the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGESServices. c. Through Client’s use 8.8 You shall immediately notify us in case of the Service, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use loss or compromise or suspected compromise of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage of any transaction recordsLicense Key.

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts to provide continuous, uninterrupted, expedient 10.1 ONLYOFFICE Docs Developer Edition and error-free Service to Client. iHealthSpot warrants that it will perform its all related services with professional thoroughness and competence. NO OTHER WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY OR SECURITY, is created by are provided “as is” without any warranties unless otherwise specified in this Agreement. b. iHealthSpot shall 10.2 To the maximum extent permitted by law, we exclude all warranties unless otherwise specified in this Agreement. 10.3 We and/or any of our subsidiaries, employees, agents and affiliates are not liable for any loss or damage that may arise to you or to the End users under no circumstances be liable or in connection with this Agreement or by using or in connection with ONLYOFFICE Docs Developer Edition, including but not limited to Client any (direct or indirect) monetary loss, loss of contracts, goodwill, reputation and any loss that may arise from interruption of the business or any other party type of loss or damage. 10.4 Each Party’s aggregate liability toward the other Party is limited by the amount of License Fees that have already been paid or under this Agreement unless otherwise specified in this Agreement. 10.5 We warrant and represent that: (a) we shall at all times have full capacity and authority to enter into and perform this Agreement and that it is executed by a duly authorized representative of us; (b) we shall perform our obligations pursuant to this Agreement in compliance with all applicable laws; (c) we have obtained and will maintain all necessary licenses, permissions, authorizations, consents, approvals and permits to enter into and perform our obligations under this Agreement; (d) we own, have obtained or shall obtain valid licenses for all Intellectual Property Rights that are necessary for the performance of our obligations under this Agreement and the use of ONLYOFFICE Docs Developer Edition by you and your End Users; (e) ONLYOFFICE Docs Developer Edition is and shall remain in compliance with the Specification set out on our official website xxx.xxxxxxxxxx.xxx; (f) ONLYOFFICE Docs Developer Edition and all upgrades to ONLYOFFICE Docs Developer Edition provided or released by us shall not infringe any special, incidental, consequential or punitive damages, including loss of profits or income, or cost of replacement Service. iHealthSpotthird party’s sole liability, Intellectual Property Rights and Client’s sole remedy shall be limited to free from material errors and defects. 10.6 We shall indemnify you in full and on demand against all claims, demands, actions, costs, expenses (including legal costs and disbursements), losses and damages arising from or incurred by reason of (i) having iHealthSpot bear any infringement of any Intellectual Property Right by ONLYOFFICE Docs Developer Edition or the reasonable cost of repairing any part of the Service that does not meet the above warranty, services; or (ii) an amount equal to any breach of the amounts paid by Client warranties in clause 10.5. 10.7 We shall promptly notify you if any claim or demand is made or action brought against us for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions infringement of Service, any Intellectual Property right that may affect our supply of ONLYOFFICE Docs Developer Edition or mistakes, omissions, delays, errors, defects, deletion of files, or loss of or damage to data in the provision of the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGESServices. c. Through Client’s use 10.8 You shall immediately notify us in case of the Service, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use loss or compromise or suspected compromise of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage of any transaction recordsLicense Key.

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts to provide continuous, uninterrupted, expedient and error-free Service to Client. iHealthSpot FindOut warrants that it its software and services will perform its services with professional thoroughness be provided using reasonable care and competenceskill on a non-exclusive basis. NO OTHER WARRANTY OR REPRESENTATIONWhere FindOut supplies any goods supplied by a third party, WHETHER EXPRESS OR IMPLIEDFindOut does not give any warranty, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITYguarantee or other term as to their quality, FITNESS FOR A PARTICULAR PURPOSEfitness for purpose or otherwise. Except in respect of death or personal injury caused by FindOut’s negligence, NONINFRINGEMENT, COMPATIBILITY OR SECURITY, is created by this Agreement. b. iHealthSpot FindOut shall under no circumstances not be liable to Client you by reason of any representation (unless fraudulent), or any implied warranty, condition or other party term for any special, incidental, consequential or punitive damages, including loss of profits profit or incomeany indirect, special or cost of replacement Service. iHealthSpot’s sole liabilityconsequential loss, and Client’s sole remedy shall be limited to damage, costs, expenses or other claims (i) having iHealthSpot bear the reasonable cost of repairing any part of the Service that does not meet the above warranty, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages whether caused by extraordinary and unreasonable interruptions FindOut's negligence or the negligence of Service, its employees or mistakes, omissions, delays, errors, defects, deletion of files, agents or loss otherwise) which arise out of or damage to data in connection with the provision of any software or services by FindOut. FindOut shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the Servicedelay or failure was due to any cause beyond its reasonable control. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. c. Through Client’s use Any estimates given by FindOut as to the time of completion of performance of its services (whether completion of the Service, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the Service are agreed essence. FindOut when providing electronic media shall take reasonable care to solely between Client avoid introducing computer viruses to your computer systems and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage shall not be liable to you by reason of any transaction recordsvirus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that FindOut are deemed liable to you for breach of this Agreement, you agree that FindOut's liability is limited to the amount actually paid by you for the services or software related to which the claim for compensation arose during the twelve (12) months preceding the event causing the claim. You hereby release FindOut Technologies AB from any and all obligations, liabilities and claims in excess of this limitation.

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts A. Hardware purchased under this Agreement has a limited one year warranty. This limited hardware warranty covers defects in materials and workmanship in hardware products. The warranty does not cover external causes such as accident, abuse, misuse, or problems with electrical power, servicing not authorized by AssetWorks, usage that is not in accordance with product instructions, failure to provide continuousfollow the product instructions or failure to perform preventive maintenance and normal wear and tear. ASSETWORKS'S RESPONSIBILITY FOR DEFECTS IN HARDWARE IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AS SET FORTH IN THIS WARRANTY STATEMENT. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED HEREIN FOR HARDWARE, uninterruptedASSETWORKS MAKES NO WARRANTIES, expedient and error-free Service to Client. iHealthSpot warrants that it will perform its services with professional thoroughness and competence. NO OTHER WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTPERFORMANCE, COMPATIBILITY SUITABILITY, OR SECURITY, is created by this AgreementNON-INFRINGEMENT. ASSETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS LIMITED WARRANTY. b. iHealthSpot B. AssetWorks represents that it has the right to license the Software to Customer as provided in Article I. AssetWorks further represents that the Software will conform to the description contained in the documentation provided or published by AssetWorks (“Documentation”) but, except as provided in this Article IV, AssetWorks makes no other representations, warranty, or guarantees, express or implied, with respect to the accuracy, completeness, or usefulness of the Software, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In the event the Software fails to conform to the description contained in the Documentation, AssetWorks’ sole obligation shall under no circumstances be to correct the errors. This limited warranty is in lieu of all liabilities or obligations of AssetWorks for damages arising out of or in connection with the delivery, use or performance of the Software. C. AssetWorks does not guarantee the privacy, security, authenticity or non-corruption of any information transmitted through the internet or any mobile or wireless network, or any information stored in any system connected to the internet or to any mobile or wireless network. AssetWorks shall not be responsible for any claims, damages, costs or losses whatsoever arising out of or in any way related to Customer’s connection to or use of the internet or of any mobile or wireless network. D. AssetWorks will not be liable to Client Customer or any other third party for any claims, expenses, damages, costs or losses whatsoever arising out of or in any way related to Customer’s use of the Software insofar as such Software may be used to store, transmit, display, disclose or otherwise use data or information which is considered private, confidential, proprietary or otherwise exempt from public disclosure under applicable law. E. AssetWorks will defend, at its own expense, any action brought against Customer to the extent that it is based on a claim that the Software supplied by AssetWorks infringes a United States patent or copyright, and AssetWorks will pay those costs and damages finally awarded against Customer in any such action that are attributable to any such claim; provided, such defense and payments are conditioned on the following: (1) that AssetWorks shall be promptly notified in writing by Customer following its receipt of any such claim; (2) that AssetWorks shall have sole control of the defense of any action on such claim and all negotiations for its settlement or compromise; (3) should the Software become, or in AssetWorks’ opinion is likely to become, the subject of a claim of infringement of a United States patent or copyright, then Customer shall permit AssetWorks, at its option and expense, either to (A) procure for Customer a non-infringing license to use the Software; (B) modify the Software so that it becomes non- infringing; (C) procure for Customer a depreciated credit for the Software and accept its return. Depreciation shall be an equal amount per year over the lifetime of the Software, which the parties agree shall be five (5) years. AssetWorks shall have no liability to Customer under any provision of this clause with respect to any claim of patent or copyright infringement that is based on Customer's unauthorized use or combination of the Software with software or data not supplied by AssetWorks as part of the Software. F. Customer agrees to indemnify and defend AssetWorks against any claims made by any third party against AssetWorks arising out of Customer's use of the Software unless such claims are due to the negligence or willful misconduct of AssetWorks. G. Customer agrees that AssetWorks’ total liability to Customer for any and all damages whatsoever arising out of or in any way related to this Contract from any cause, including but not limited to negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not, in the aggregate, exceed the amount of fees paid to AssetWorks for either the Software License or Hardware from which the claim arose. H. In no event shall AssetWorks be liable for special, indirect, incidental, economic, consequential or punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss of profits technology rights or incomeservices, loss of data, or cost of replacement Service. iHealthSpot’s sole liability, and Client’s sole remedy shall be limited to (i) having iHealthSpot bear the reasonable cost of repairing any part of the Service that does not meet the above warranty, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of Service, or mistakes, omissions, delays, errors, defects, deletion of files, interruption or loss of use of software or damage to data any portion thereof regardless of the legal theory under which such damages are sought even if AssetWorks has been advised of the likelihood of such damages, and notwithstanding any failure of essential purpose of any limited remedy. I. The warranty period for the Software shall extend for a period of 90 days from the date of delivery of the Software but in no event later than one year from the date of execution of this Agreement. During the warranty period, in the provision event that the Customer encounters an error and/or malfunction whereby the Software does not conform to the description in the Documentation, AssetWorks will respond as follows: 1. In the event that, in the mutual and reasonable opinion of AssetWorks and the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGESCustomer, there exists an error or nonconformance to the Documentation, AssetWorks will take such steps as are reasonably required to correct the error with due dispatch. c. Through Client’s 2. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, the error or nonconformance to the Documentation does not constitute a serious impediment to the normal intended use of the ServiceSoftware, Client may engage AssetWorks will correct the error and distribute the correction to the Customer in transactions accordance with other parties. Client acknowledges that all transactions resulting from use of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage of any transaction recordsAssetWorks’ normal Software revision schedule.

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts to provide continuous, uninterrupted, expedient and error-free Service to Client. iHealthSpot Smartcall warrants that System supplied by Smartcall shall not fail because of any defects in materials or workmanship where the defects appear under proper use of the System within twelve (12) months from the Installation Date. Smartcall further warrants that the System shall comply with Smartcall's published specifications in force at the Installation Date. Such specification implies and includes any manufacturer’s specification of equipment and/or software and for projects and systems being developed the functional specification agreed between the Customer and Smartcall. If the System fails to comply and provided that Smartcall shall have been notified in writing by the Customer of such failure in accordance with clause 4 Smartcall shall at its sole discretion having been given a reasonable opportunity and time to inspect the System and satisfy itself as to any such non-compliance, either: within a reasonable time alter the System so that it will perform its services complies with professional thoroughness the said specifications or replace it with System that so complies; or accept a return of the System against a credit for the Price thereof. Smartcall's liability under this clause shall be to the exclusion of all other liability to the Customer whether contractual, tortious or otherwise for defects in the System or for any loss or damage to or caused by the System and competenceall other warranties stipulations or other statements whatsoever concerning the System whether express or implied by statute or common law or otherwise howsoever are hereby excluded. NO OTHER WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY OR SECURITY, is created Without limitation of the foregoing Smartcall grants no warranties regarding the fitness for purpose performance use nature or quality of the System whether express or implied by this Agreement. b. iHealthSpot shall under statute or common law or otherwise howsoever. Notwithstanding anything contained in these Terms in no circumstances shall Smartcall be liable to Client in contract tort (including negligence or any other party breach of statutory duty) or otherwise howsoever and whatsoever the cause thereof for any special, incidental, consequential or punitive damages, including loss of profits profit business contracts revenues or income, anticipated savings or cost for any special indirect or consequential damage of replacement Serviceany nature whatsoever. iHealthSpot’s sole liability, and Client’s sole remedy Smartcall shall not be liable for any failure in the performance of other equipment to which the System is connected nor the functioning of an entire system nor parts of any system of which the System may be part including the effects that other parts of such a system may have upon the System nor for any loss or damage whatsoever of or to the said other equipment or system. Nothing in these Terms shall exclude or restrict the liability of Smartcall for death or personal injury caused by reason of the negligence of Smartcall or of its employees or agents. In any event Smartcall's liability to the Customer in respect of damage to tangible property shall be limited to (i) having iHealthSpot bear the reasonable cost value of repairing any part of the Service that does not meet the above warranty, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of Service, or mistakes, omissions, delays, errors, defects, deletion of files, or loss of or damage to data its invoices under this Agreement in the provision of twelve (12) months preceding the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGESevent leading to a claim. c. Through Client’s use of the Service, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage of any transaction records.

Warranties and Limitation of Liability. a. iHealthSpot 14.1 Qwest warrants (a) that the Services shall be provided to Verio and shall operate in accordance with prevailing telecommunications industry standards (hereinafter the "TECHNICAL STANDARDS") and the Specifications set forth in Exhibit A hereof. If Verio determines that the Services are not being provided in accordance with the Technical Standards and the Specifications (hereinafter, a "DEFECT" or "DEFECTS"), Qwest shall use commercially reasonable best efforts under the circumstances to conform the Services to the Technical Standards, and (b) the Services and any that all components of any systems/product utilized or relied upon by Qwest to perform the Services, are designed to be used prior to, during and after the calendar year 2000 AD, and that the Services and the systems/product will make reasonable efforts operate during each such time period without error or interruption relating to provide continuousdate data, uninterruptedincluding without limitation, expedient any error or interruption relating to, or the product of, date data which represents or references different centuries or more than one century, or leap year, in any level of any systems/product hardware or software, including, without limitation, microcode, firmware, application programs, user interfaces, files and error-free Service to Client. iHealthSpot warrants that it will perform its services with professional thoroughness and competence. NO databases. 14.2 THE WARRANTIES CONTAINED IN SECTION 14.1 OF THIS SERVICE AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTY OR REPRESENTATIONWARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY OR SECURITY, is created by this Agreement. b. iHealthSpot shall under no circumstances be liable to Client or any other party for any special, incidental, consequential or punitive damages, including loss of profits or income, or cost of replacement Service. iHealthSpot’s sole liability, and Client’s sole remedy shall be limited to QWEST HEREBY SPECIFICALLY DISCLAIMS ANY LIABILITY TO CUSTOMER FOR INTERRUPTIONS AFFECTING THE SERVICES FURNISHED HEREUNDER WHICH ARE ATTRIBUTABLE TO CUSTOMER'S INTERCONNECTION FACILITIES (i) having iHealthSpot bear the reasonable cost of repairing any part of the Service that does not meet the above warranty, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of Service, or mistakes, omissions, delays, errors, defects, deletion of files, or loss of or damage to data in the provision of the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE AS DEFINED IN SECTION 1.4 OF THE POSSIBILITY OF SUCH DAMAGES. c. Through Client’s use of the Service, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGHSERVICE AND PRICING EXHIBIT) OR TO CUSTOMER'S EQUIPMENT FAILURES, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISKTO CUSTOMER'S BREACH OF THIS AGREEMENT. Client is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage of any transaction records.Qwest Communications 12

Warranties and Limitation of Liability. a. iHealthSpot Service Interruptions. The Service may be interrupted from time to time for a variety of reasons, and Verizon does not represent or warrant that the Service or the Equipment, or any Other Devices, will make be available or perform in a manner that meets your needs. Verizon will not be liable for any inconvenience, loss, liability or damage resulting from any preemption, loss, blackout or interruption of the Service, directly or indirectly caused by or resulting from any circumstances, including, without limitation, any circumstance beyond Verizon’s reasonable efforts control, including, but not limited to, causes attributable to provide continuousyou or your property, uninterruptedinability to obtain access to the Premises, expedient and errorfailure of a communications satellite or our network, inability to access or interruptions in accessing Programming, loss of use of poles or other utility facilities, strike, labor dispute, riot or insurrection, war, explosion, act of terrorism, malicious mischief, fire, flood or other acts of God, failure or reduction of power, or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Service. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR OTHER DEVICES PROVIDED BY VERIZON (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR OTHER DEVICES), VERIZON (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), (COLLECTIVELY THE “VERIZON PARTIES”), ITS THIRD-free Service to Client. iHealthSpot warrants that it will perform its services with professional thoroughness and competence. NO OTHER WARRANTY OR REPRESENTATIONPARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTACCURACY, NON-INFRINGEMENT, NON- INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR SECURITYARISING UNDER STATUTE. ALSO, is created by this Agreement. b. iHealthSpot shall under no circumstances be liable to Client or any other party for any specialTHERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY VERIZON OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. VERIZON DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, incidentalEVEN IF VERIZON HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY AND THE CONDITION OF WIRING INSIDE YOUR LOCATION, consequential or punitive damagesAMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, including loss of profits or incomeNEITHER YOU NOR VERIZON SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT). IN NO EVENT SHALL THE VERIZON PARTIES OR VERIZON’S THIRD-PARTY LICENSORS, or cost of replacement Service. iHealthSpot’s sole liabilityPROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, and Client’s sole remedy shall be limited to (i) having iHealthSpot bear the reasonable cost of repairing any part of the Service that does not meet the above warrantyINDIRECT, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of ServicePUNITIVE, or mistakesSPECIAL, omissionsCONSEQUENTIAL OR INCIDENTAL DAMAGES, delaysINCLUDING, errorsWITHOUT LIMITATION, defectsLOST PROFITS OR LOSS OF REVENUE, deletion of filesLOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, or loss of or damage to data in the provision of the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER PARTIAL USE OR NOT IHEALTHSPOT IS GIVEN NOTICE INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. c. Through Client’s use of the Service, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF THE VERIZON PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN CONNECTION WITH THIRD-PARTY END-USER LICENSE OR OTHER AGREEMENTS) OUR THIRD-PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE SERVICEMONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO VERIZON FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND CLIENT UNDERSTANDS ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND AGREES THAT DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO VERIZON’S THIRD- PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD- PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISKAS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. Client is solely responsible for completion of transactions and collecting paymentsIF THESE LAWS APPLY, including taxes, and for security and storage of any transaction recordsOUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts A. Hardware purchased under this Agreement has a limited one year warranty. This limited hardware warranty covers defects in materials and workmanship in hardware products. The warranty does not cover external causes such as accident, abuse, misuse, or problems with electrical power, servicing not authorized by AssetWorks, usage that is not in accordance with product instructions, failure to provide continuousfollow the product instructions or failure to perform preventive maintenance and normal wear and tear. ASSETWORKS'S RESPONSIBILITY FOR DEFECTS IN HARDWARE IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AS SET FORTH IN THIS WARRANTY STATEMENT. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED HEREIN FOR HARDWARE, uninterruptedASSETWORKS MAKES NO WARRANTIES, expedient and error-free Service to Client. iHealthSpot warrants that it will perform its services with professional thoroughness and competence. NO OTHER WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTPERFORMANCE, COMPATIBILITY SUITABILITY, OR SECURITY, is created by this AgreementNON-INFRINGEMENT. ASSETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS LIMITED WARRANTY. b. iHealthSpot B. Customer agrees to indemnify and defend AssetWorks against any claims made by any third party against AssetWorks arising out of Customer's use of the Hardware except to the extent such claims are due to the negligence or willful misconduct of AssetWorks. C. Customer agrees that AssetWorks’ total liability to Customer for any and all damages whatsoever arising out of or in any way related to this Contract from any cause, including but not limited to negligence, errors, omissions, strict liability, indemnity, breach of contract or breach of warranty shall under not, in the aggregate, exceed the amount of fees paid to AssetWorks for the Hardware from which the claim arose. D. In no circumstances event shall AssetWorks be liable to Client or any other party for any special, indirect, incidental, economic, consequential or punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss of profits technology rights or incomeservices, loss of data, or cost of replacement Service. iHealthSpot’s sole liability, and Client’s sole remedy shall be limited to (i) having iHealthSpot bear the reasonable cost of repairing any part of the Service that does not meet the above warranty, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of Service, or mistakes, omissions, delays, errors, defects, deletion of files, interruption or loss of use of software or damage to data in the provision any portion thereof regardless of the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. c. Through Client’s use legal theory under which such damages are sought even if AssetWorks has been advised of the Service, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use likelihood of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxessuch damages, and for security and storage notwithstanding any failure of essential purpose of any transaction recordslimited remedy.

Warranties and Limitation of Liability. a. iHealthSpot Seller warrants only title to the goods sold to Buyer. All other warranties are those extended by the product manufacturer. Seller assigns to Buyer any and all manufacturing warranties and will make reasonable efforts assist Buyer to provide continuousobtain repair, uninterruptedreplacement, expedient and error-free Service or other applicable remedy for a breach of warranty made known to ClientSeller during the warranty period. iHealthSpot warrants that it will perform its services with professional thoroughness and competenceWarranty Exclusions: These warranties shall be void if there has been misuse, accident, modifications, unsuitable physical or operating environment, improper maintenance, storage or installation of the goods. NO SELLER DISCLAIMS ALL OTHER WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIEDIMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND/OR FITNESS FOR USE OR A PARTICULAR PURPOSEPURPOSE EVEN IF KNOWN BY SELLER. SELLER MAKES NO REPRESENTATION, NONINFRINGEMENTWARRANTY, COMPATIBILITY OR SECURITYPROMISE THAT THE PRODUCTS OR SERVICES WILL CONFORM TO ANY APPLICABLE LAWS, is created by this Agreement. b. iHealthSpot shall under no circumstances be liable to Client or any other party for any specialORDINANCES, incidentalREGULATIONS, consequential or punitive damagesCODES OR STANDARDS, including loss of profits or incomeINCLUDING BUT NOT LIMITED TO LOW LEAD OR LEAD FREE LAWS OR REGULATIONS, or cost of replacement ServiceEXCEPT AS SPECIFIED AND AGREED TO IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF SELLER. iHealthSpot’s sole liabilityEXCEPT IN THE EVENT OF DAMAGE CAUSED BY SELLER’S NEGLIGENCE, and Client’s sole remedy shall be limited to (i) having iHealthSpot bear the reasonable cost of repairing any part of the Service that does not meet the above warrantyUNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of ServiceINDIRECT, or mistakesINCIDENTAL, omissions, delays, errors, defects, deletion of files, or loss of or damage to data in the provision of the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER LIQUIDATED OR NOT IHEALTHSPOT IS GIVEN NOTICE CONSEQUENTIAL DAMAGES CLAIMED BY BUYER OR ANY THIRD PARTY RELATED TO A BREACH OF WARRANTY OR ANY OTHER NON-CONFORMITY OF THE POSSIBILITY OF SUCH DAMAGESGOODS OR SERVICES. c. Through Client’s use of the Service, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage of any transaction records.

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts SEL shall perform the Project in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. SEL shall reperform (or, at SEL’s option, pay a third party to provide continuousreperform) any defective services at no cost upon receipt of notice detailing the defect(s) within one (1) year of performance of the original services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, uninterrupted, expedient and error-free Service to Client. iHealthSpot warrants that it will perform its services with professional thoroughness and competence. NO THIS WARRANTY SHALL BE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTY OR REPRESENTATIONWARRANTIES, WHETHER EXPRESS STATUTORY, EXPRESS, VERBAL OR IMPLIED, IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE). In no event, NONINFRINGEMENTwhether as a result of breach of contract, COMPATIBILITY OR SECURITYindemnity, is created by this Agreement. b. iHealthSpot warranty, tort (including negligence), strict liability or otherwise, shall SEL liability to Customer or its insurers for any (i) loss or damage exceed the contract price or (ii) if Customer places multiple order(s) under the contract, the price of each particular order for all claims arising from or related to that order, and any liability shall terminate at a reasonable time, not to exceed one (1) year, after provision of services. No claim, regardless of form, arising from these Terms may be brought more than one (1) year from the date such claim accrues. Claims against SEL are hereby agreed to have accrued not later than the completion of the Project, notwithstanding any laws to the contrary. In no circumstances event, whether as a result of breach of contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, shall SEL be liable to Client or any other party for any special, incidental, consequential or punitive damages, including without limitation any loss of profits profit or incomerevenues, or loss of use of associated equipment, damage to associated equipment, cost of replacement Service. iHealthSpot’s sole liabilitycapital, and Client’s sole remedy shall be limited to (i) having iHealthSpot bear the reasonable cost of repairing substitute products, facilities, services or replacement power, downtime costs or claims of Customer’s customers for such damages. Customer shall indemnify, defend and hold harmless SEL and all related parties from and against any part claims, demands, causes of action, losses, costs and expenses, including without limitation legal fees and other costs, arising directly or indirectly from, as a result of or in connection with the Service that does not meet the above warrantyacts or omissions of Customer, its officers, employees, agents or (ii) an amount equal representatives, relating to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of Service, or mistakes, omissions, delays, errors, defects, deletion of files, or loss of or damage to data in the provision of the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. c. Through Client’s use of the Service, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage of any transaction records.Project and/or these

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts to provide continuous, uninterrupted, expedient and error-free Service to Client. iHealthSpot warrants that it will perform its services with professional thoroughness and competence. NO OTHER WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY OR SECURITY, is created by this Agreement. b. iHealthSpot shall under no circumstances be liable to Client or any other party for any special, incidental, consequential or punitive damages, including loss of profits or income, or cost of replacement Service. iHealthSpot’s sole liability, and Client’s sole remedy shall be limited to (i) having iHealthSpot bear the reasonable cost of repairing any part of the Service that does not meet the above warranty, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of Service, or mistakes, omissions, delays, errors, defects, deletion of files, or loss of or damage to data in the provision of the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. c. Through Client’s use of the Service, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT XXXXXXXXXXX MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage of any transaction records.

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts (A) CLIENT agrees to provide continuousindemnify and save PROVIDER completely harmless from any and all costs, uninterruptedexpenses, expedient attorney's fees, suits, liabilities, damages or claims for damages by CLIENT, including, but not limited to those arising out of any injury or death to any person or persons or damage to any property of any kind whatsoever and error-free Service to Client. iHealthSpot warrants that it will perform its whomsoever belonging, including CLIENT, in anyway relating to the services with professional thoroughness and competence. NO OTHER WARRANTY OR REPRESENTATIONunder this agreement by PROVIDER or the performance or exercise of any of the duties, WHETHER EXPRESS OR IMPLIEDobligations, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITYpowers, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY OR SECURITY, is created by this Agreementor authorities herein or hereafter granted to PROVIDER. b. iHealthSpot (B) PROVIDER shall under no circumstances not be liable to Client or any other party CLIENT for any specialerror of judgment or for any mistake or fact or for anything it may do or refrain from doing, incidental, consequential except in cases of willful misconduct or punitive damages, including loss of profits or income, or cost of replacement Service. iHealthSpot’s sole liabilitygross negligence. (C) CLIENT is notified that it is possible that CLIENT's data base for CLIENT could be destroyed, and Client’s sole remedy shall be limited CLIENT understands that CLIENT is responsible for maintaining adequate supporting material to enable reconstruction of CLIENT's data base in the event of such destruction. (iD) having iHealthSpot bear the reasonable cost of repairing CLIENT is notified that software processing services furnished by PROVIDER are aids to CLIENT, and that CLIENT has been instructed to carefully inspect and check all services furnished to CLIENT by PROVIDER for accuracy and content. Accordingly, PROVIDER is not liable for any part of the Service that does not meet the above warranty, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary any inaccurate or incorrect material furnished to CLIENT by PROVIDER, and unreasonable interruptions of Service, CLIENT hereby agrees to indemnify and hold PROVIDER harmless from any claims resulting from any such incorrect or mistakes, omissions, delays, errors, defects, deletion of files, or loss of or damage to data in the provision of the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGESinaccurate service. c. Through Client’s use of the Service, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND (E) CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion any programs or data owned by CLIENT that are tendered hereunder to PROVIDER. PROVIDER shall not be liable to CLIENT in the event that any such programs, data, reports or other media are lost. (F) PROVIDER makes no warranty, express or implied, that the software supplied CLIENT under this agreement is or will be free from errors and PROVIDER makes no warranty, express or implied, with respect to any other services or materials covered under this agreement. (G) The obligations, rights and remedies of transactions CLIENT and collecting paymentsPROVIDER are set forth in the foregoing subparagraphs and are exclusive and in substitution for all other warranties, obligations and liabilities of CLIENT and PROVIDER. Any other claims, rights, or remedies of either CLIENT or PROVIDER against the other, whether express, implied, arising by law, or arising otherwise, with respect to any services performed under this agreement, including taxesbut not limited to any implied warranty or merchantability or fitness, or any implied warranty arising from course of performance, course of dealing or usage of trade, or for any other direct, incidental, or consequential damages are hereby expressly waived by CLIENT and for security and storage PROVIDER. (H) Neither party shall be responsible for, or liable to the other on account of any transaction recordsdelays or failures in performance resulting from acts beyond the control of such party, including, but not limited to, acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, nonperformance by delivery services, earthquakes, or other disasters, except that the provisions of this subparagraph shall not be applicable to the requirements of paragraphs III. or IV.

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts A. Hardware purchased under this Agreement has a limited one year warranty. This limited hardware warranty covers defects in materials and workmanship in hardware products. The warranty does not cover external causes such as accident, abuse, misuse, or problems with electrical power, servicing not authorized by AssetWorks, usage that is not in accordance with product instructions, failure to provide continuousfollow the product instructions or failure to perform preventive maintenance and normal wear and tear. ASSETWORKS'S RESPONSIBILITY FOR DEFECTS IN HARDWARE IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AS SET FORTH IN THIS WARRANTY STATEMENT. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED HEREIN FOR HARDWARE, uninterruptedASSETWORKS MAKES NO WARRANTIES, expedient and error-free Service to Client. iHealthSpot warrants that it will perform its services with professional thoroughness and competence. NO OTHER WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTPERFORMANCE, COMPATIBILITY SUITABILITY, OR SECURITYNON-INFRINGEMENT. ASSETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS LIMITED WARRANTY. B. AssetWorks represents that it has the right to license the Software to Customer as provided in Article I. AssetWorks further represents that the Software will conform to the description contained in the documentation provided or published by AssetWorks (“Documentation”) but, except as provided in this Article IV, AssetWorks makes no other representations, warranty, or guarantees, express or implied, with respect to the accuracy, completeness, or usefulness of the Software, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In the event the Software fails to conform to the description contained in the Documentation, AssetWorks’ sole obligation shall be to correct the errors. This limited warranty is created in lieu of all liabilities or obligations of AssetWorks for damages arising out of or in connection with the delivery, use or performance of the Software. C. AssetWorks does not guarantee the privacy, security, authenticity or non-corruption of any information transmitted through the internet or any mobile or wireless network, or any information stored in any system connected to the internet or to any mobile or wireless network. AssetWorks shall not be responsible for any claims, damages, costs or losses whatsoever arising out of or in any way related to Customer’s connection to or use of the internet or of any mobile or wireless network. D. AssetWorks will not be liable to Customer or any third party for any claims, expenses, damages, costs or losses whatsoever arising out of or in any way related to Customer’s use of the Software insofar as such Software may be used to store, transmit, display, disclose or otherwise use data or information which is considered private, confidential, proprietary or otherwise exempt from public disclosure under applicable law. E. AssetWorks will indemnify and defend, at its own expense, any action brought against Customer to the extent that it is based on a claim that the Software supplied by AssetWorks infringes a United States patent or copyright, and AssetWorks will pay those costs of defense, including reasonable attorneys’ fees, and damages finally awarded against Customer in any such action that are attributable to any such claim; provided, such defense and payments are conditioned on the following: (1) that AssetWorks shall be promptly notified in writing by Customer following its receipt of any such claim; (2) that AssetWorks shall have sole control of the defense of any action on such claim and all negotiations for its settlement or compromise; (3) should the Software become, or in AssetWorks’ opinion is likely to become, the subject of a claim of infringement of a United States patent or copyright, then Customer shall permit AssetWorks, at its option and expense, either to (A) procure for Customer a non-infringing license to use the Software; (B) modify the Software so that it becomes non-infringing; (C) procure for Customer a depreciated credit for the Software and accept its return. Depreciation shall be an equal amount per year over the lifetime of the Software, which the parties agree shall be five (5) years. AssetWorks shall have no liability to Customer under any provision of this clause with respect to any claim of patent or copyright infringement that is based on Customer's unauthorized use or combination of the Software with software or data not supplied by AssetWorks as part of the Software. This obligation shall continue after the termination of this Agreement. b. iHealthSpot F. Customer agrees that AssetWorks’ total liability to Customer for any and all damages whatsoever arising out of or in any way related to this Contract from any cause, including but not limited to negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall under not, in the aggregate, exceed the amount of fees paid to AssetWorks for either the Software License or Hardware from which the claim arose. This limitation of AssetWorks’ liability shall not apply to the indemnification requirements of this Agreement. G. In no circumstances event shall AssetWorks be liable to Client or any other party for any special, indirect, incidental, economic, consequential or punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss of profits technology rights or incomeservices, loss of data, or cost of replacement Service. iHealthSpot’s sole liability, and Client’s sole remedy shall be limited to (i) having iHealthSpot bear the reasonable cost of repairing any part of the Service that does not meet the above warranty, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of Service, or mistakes, omissions, delays, errors, defects, deletion of files, interruption or loss of use of software or damage to data any portion thereof regardless of the legal theory under which such damages are sought even if AssetWorks has been advised of the likelihood of such damages, and notwithstanding any failure of essential purpose of any limited remedy. H. The warranty period for the Software shall extend for a period of 90 days from the date of delivery of the Software but in no event later than one year from the date of execution of this Agreement. During the warranty period, in the provision event that the Customer encounters an error and/or malfunction whereby the Software does not conform to the description in the Documentation, AssetWorks will respond as follows: 1. In the event that, in the mutual and reasonable opinion of AssetWorks and the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGESCustomer, there exists an error or nonconformance to the Documentation, AssetWorks will take such steps as are reasonably required to correct the error with due dispatch. c. Through Client’s 2. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, the error or nonconformance to the Documentation does not constitute a serious impediment to the normal intended use of the ServiceSoftware, Client may engage AssetWorks will correct the error and distribute the correction to the Customer in transactions accordance with other parties. Client acknowledges that all transactions resulting from use of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage of any transaction recordsAssetWorks’ normal Software revision schedule.

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts to provide continuousRepresentations regarding the composition and performance of the Products are believed reliable, uninterruptedbut Seller MAKES NO WARRANTY OF ANY KIND, expedient and error-free Service to Client. iHealthSpot warrants that it will perform its services with professional thoroughness and competence. NO OTHER WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REGARDING SUCH INFORMATION OR PRODUCTS EXCEPT THAT SELLER WARRANTS THAT IT HAS GOOD TITLE TO THE PRODUCTS AND THE PRODUCTS WILL CONFORM TO THEN CURRENT SPECIFICATIONS AT THE TIME OF DELIVERY. SELLER EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller's warranties made in connection with this sale shall not be effective if Seller has determined, NONINFRINGEMENTin its sole discretion, COMPATIBILITY OR SECURITYthat Buyer has misused the products in any manner, is created by this Agreement. b. iHealthSpot shall under no circumstances be liable has failed to Client or any other party for any special, incidental, consequential or punitive damages, including loss of profits or incomeuse the products in accordance with industry standards and practices, or cost of replacement Servicehas failed to use the products in accordance with instructions, if any, furnished by Seller. iHealthSpot’s Seller's sole liability, and Client’s sole exclusive liability and Buyer's exclusive remedy with respect to products proved to Seller's satisfaction to be defective or nonconforming shall be limited to (i) having iHealthSpot bear the reasonable cost replacement of repairing any part such products without charge or refund of the Service that does not meet purchase price, in Seller's sole discretion, upon the above warrantyreturn of such products in accordance with Seller's instructions. SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of ServiceCONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, or mistakes, omissions, delays, errors, defects, deletion of files, or loss of or damage to data in the provision of the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. c. Through Client’s use DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF PRODUCTS OF BUYER OR OTHER USE OR ANY LIABILITY OF BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY SELLER'S GROSS NEGLIGENCE. Seller certifies that to the best of its knowledge its products are produced in compliance with applicable requirements of the ServiceFair Labor Standards Act, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use of the Service are agreed to solely between Client as amended, and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGHOccupational Safety and Health Standards Act of 1970 and regulations, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions rules and collecting payments, including taxes, and for security and storage of any transaction recordsorders issued pursuant thereto.

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts to provide continuous, uninterrupted, expedient and error-free Service to Client. iHealthSpot 6.1 FORT DODGE warrants that it will perform its services with professional thoroughness and competencethe products sold to DISTRIBUTOR under this Agreement shall conform to the description contained in the labeling therefor. FORT DODGE MAKES NO WARRANTY AS TO MERCHANTABILITY OR THE FITNESS OF THE PRODUCTS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY OR REPRESENTATIONWARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WHICH EXTENDS BEYOND THE DESCRIPTION CONTAINED IN THE LABELING OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY OR SECURITY, is created by this Agreement. b. iHealthSpot THE PRODUCTS. In no event shall under no circumstances FORT DODGE be liable to Client lo DISTRIBUTOR for loss of profit or any other party for any use, special, incidentalcollateral, incidental or consequential damages in connection with or punitive damages, including loss of profits or income, or cost of replacement Service. iHealthSpot’s sole liability, and Client’s sole remedy shall be limited to (i) having iHealthSpot bear the reasonable cost of repairing any part arising out of the Service that does not meet the above warrantypurchase, resale or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of Service, or mistakes, omissions, delays, errors, defects, deletion of files, or loss of or damage to data in the provision of the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. c. Through Client’s use of the ServiceProducts, Client may engage whether such liability is based or claimed to be based, in transactions with other parties. Client acknowledges that contract, tort or otherwise. 6.2 FORT DODGE will defend, indemnify and hold harmless DISTRIBUTOR, its officers, directors, employees, insurers, agents, related companies, affiliates, successors and assigns from all transactions claims demands, damages, actions, rights of action of whatever kind or nature under any applicable state law, including reasonable attorneys’ fees, resulting from use any breach by FORT DODGE of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxeswarranties set forth in this Article 6, and for security specifically, any claim that the Products, as sold by FORT DODGE, were defective. To be covered by this defense and indemnity, DISTRIBUTOR must: promptly notify FORT DODGE of any such claim; allow FORT DODGE to fully control the defense and/or resolution of the claim; and cooperate fully with FORT DODGE in the matter. This defense and indemnity shall not apply to claims alleging: DISTRIBUTOR alteration, negligent handling or improper storage of any transaction recordsthe Products; sale of outdated Products; sale or recommendation of the Products for uses or in a manner not set forth in the labeling supplied by FORT DODGE; or sale of the Products after receipt of notice from FORT DODGE that such sales should be halted. 6.3 FORT DODGE shall maintain in force and effect during the term of this Agreement liability insurance of the type evidenced by the certificate of insurance attached hereto as Schedule C, and shall carry policy limits in amounts at least as great as set forth on said certificate. Should FORT DODGE fail to keep this liability insurance in full force and effect, DISTRIBUTOR may elect to terminate this Agreement immediately upon written notice to FORT DODGE. FORT DODGE shall provide DISTRIBUTOR with a certificate of insurance evidencing its compliance with this provision on an annual basis.

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts to provide continuous, uninterrupted, expedient and error-free Service to Client. iHealthSpot Xxxxxxxx warrants that it has absolute title and full right to transfer good and merchantable title to all goods delivered to Customer; that the goods are now and at the time of delivery shall be free of any security interest, lien or encumbrance; and that the goods provided shall be free from defects in material and workmanship. Such warranties shall extend for the lesser of a period one (1) year, for such period as the manufacturer of the newly manufactured goods provides, or such period of time as Xxxxxxxx shall provide upon its Quote for used goods provided. Xxxxxxxx will perform its not allow any allowances, deductions or return of products except by written permission of Xxxxxxxx. Xxxxxxxx shall not be liable to, nor indemnify, Customer or any third parties for any claims, losses, labor, expenses or damages, direct or consequential, resulting directly or indirectly from the performance by Xxxxxxxx or the use of, or in ability to use the goods sold or services with professional thoroughness provided hereunder, including, without limitation, loss of profits because of increase operating costs, loss of information, loss of production or shutdown of operation or otherwise, and competenceliabilities, claims and damages because of personal injury, death or property damage. NO Notwithstanding the foregoing, goods proving defective in material and/or workmanship per warranty will be repaired or replaced, or, at Xxxxxxxx’x sole option, credit will be allowed for the original price thereof, provided written claim in respect of such products or services is made by Customer within the warranty period and use of such goods is promptly discontinued by Customer after discovery of defect. No warranty is provided for services provided by Xxxxxxxx to Customer. THE FOREGOING IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTY WARRANTIES OR REPRESENTATIONREMEDIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY AND OF ANY OTHER OBLIGATIONS OR SECURITY, is created by this AgreementLIABILITY ON THE PART OF XXXXXXXX. b. iHealthSpot shall under no circumstances be liable to Client or any other party for any special, incidental, consequential or punitive damages, including loss of profits or income, or cost of replacement Service. iHealthSpot’s sole liability, and Client’s sole remedy shall be limited to (i) having iHealthSpot bear the reasonable cost of repairing any part of the Service that does not meet the above warranty, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of Service, or mistakes, omissions, delays, errors, defects, deletion of files, or loss of or damage to data in the provision of the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. c. Through Client’s use of the Service, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage of any transaction records.

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts A. Hardware purchased under this Agreement has a limited one year warranty. This limited hardware warranty covers defects in materials and workmanship in hardware products. The warranty does not cover external causes such as accident, abuse, misuse, or problems with electrical power, servicing not authorized by AssetWorks, usage that is not in accordance with product instructions, failure to provide continuousfollow the product instructions or failure to perform preventive maintenance and normal wear and tear. ASSETWORKS'S RESPONSIBILITY FOR DEFECTS IN HARDWARE IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AS SET FORTH IN THIS WARRANTY STATEMENT. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED HEREIN FOR HARDWARE, uninterruptedASSETWORKS MAKES NO WARRANTIES, expedient and error-free Service to Client. iHealthSpot warrants that it will perform its services with professional thoroughness and competence. NO OTHER WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTPERFORMANCE, COMPATIBILITY SUITABILITY, OR SECURITYNON-INFRINGEMENT. ASSETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS LIMITED WARRANTY. B. AssetWorks represents that it has the right to license the Software to CUSTOMER as provided in Article I. AssetWorks further represents that the Software will conform to the description contained in the documentation provided or published by AssetWorks (“Documentation”) but, except as provided in this Article IV, AssetWorks makes no other representations, warranty, or guarantees, express or implied, with respect to the accuracy, completeness, or usefulness of the Software, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In the event the Software fails to conform to the description contained in the Documentation, AssetWorks’ sole obligation shall be to correct the errors. This limited warranty is created lieu of all liabilities or obligations of AssetWorks for damages arising out of or in connection with the delivery, use or performance of the Software. C. AssetWorks will defend, at its own expense, any action brought against CUSTOMER to the extent that it is based on a claim that the Software supplied by AssetWorks infringes a United States patent or copyright, and AssetWorks will pay those costs and damages finally awarded against CUSTOMER in any such action that are attributable to any such claim; provided, such defense and payments are conditioned on the following: (1) that AssetWorks shall be promptly notified in writing by CUSTOMER following its receipt of any such claim; (2) that AssetWorks shall have sole control of the defense of any action on such claim and all negotiations for its settlement or compromise; (3) should the Software become, or in AssetWorks’ opinion is likely to become, the subject of a claim of infringement of a United States patent or copyright, then CUSTOMER shall permit AssetWorks, at its option and expense, either to (A) procure for CUSTOMER a non-infringing license to use the Software; (B) modify the Software so that it becomes non-infringing; (C) procure for CUSTOMER a depreciated credit for the Software and accept its return. Depreciation shall be an equal amount per year over the lifetime of the Software, which the parties agree shall be five (5) years. AssetWorks shall have no liability to CUSTOMER under any provision of this clause with respect to any claim of patent or copyright infringement that is based on CUSTOMER's unauthorized use or combination of the Software with software or data not supplied by AssetWorks as part of the Software. X. Xx the extent allowed by law, CUSTOMER agrees to defend and hold AssetWorks harmless against any claims made by any third party against AssetWorks arising out of CUSTOMER's use of the Software unless such claims are due to the negligence or willful misconduct of AssetWorks. E. CUSTOMER agrees that AssetWorks total liability to Customer for any and all damages whatsoever arising out of or in any way related to this Contract from any cause, including but not limited to negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not, in the aggregate, the total value of the Agreement. b. iHealthSpot F. In no event shall under no circumstances AssetWorks be liable to Client or any other party for any special, indirect, incidental, economic, consequential or punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss of profits technology rights or incomeservices, loss of data, or cost of replacement Service. iHealthSpot’s sole liability, and Client’s sole remedy shall be limited to (i) having iHealthSpot bear the reasonable cost of repairing any part of the Service that does not meet the above warranty, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of Service, or mistakes, omissions, delays, errors, defects, deletion of files, interruption or loss of use of software or damage to data any portion thereof regardless of the legal theory under which such damages are sought even if AssetWorks has been advised of the likelihood of such damages, and notwithstanding any failure of essential purpose of any limited remedy. G. The warranty period for the Software shall extend for a period of 90 days from go-live of the system but in no event later than one year from the date of execution of this Agreement. During the warranty period, in the provision event that the CUSTOMER encounters an error and/or malfunction whereby the Software does not conform to the description in the Documentation, AssetWorks will respond as follows: 1. In the event that, in the mutual and reasonable opinion of AssetWorks and the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGESCUSTOMER, there exists an error or nonconformance to the Documentation, AssetWorks will take such steps as are reasonably required to correct the error with due dispatch. c. Through Client’s 2. In the event that, in the mutual and reasonable opinion of AssetWorks and the CUSTOMER, the error or nonconformance to the Documentation does not constitute a serious impediment to the normal intended use of the ServiceSoftware, Client may engage AssetWorks will correct the error and distribute the correction to the CUSTOMER in transactions accordance with other parties. Client acknowledges that all transactions resulting from use of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage of any transaction recordsAssetWorks’ normal Software revision schedule.

Warranties and Limitation of Liability. a. iHealthSpot will make reasonable efforts to provide continuous, uninterrupted, expedient and error-free Service to ClientCustomer. iHealthSpot warrants that it will perform its services with professional thoroughness and competence. NO OTHER WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY OR SECURITY, is created by this Agreement. b. iHealthSpot shall under no circumstances be liable to Client Customer or any other party for any special, incidental, consequential or punitive damages, including loss of profits or income, or cost of replacement Service. iHealthSpot’s sole liability, and ClientCustomer’s sole remedy shall be limited to (i) having iHealthSpot bear the reasonable cost of repairing any part of the Service that does not meet the above warranty, or (ii) an amount equal to the amounts paid by Client Customer for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of Service, or mistakes, omissions, delays, errors, defects, deletion of files, or loss of or damage to data in the provision of the Service. CLIENT CUSTOMER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.DAMAGES.‌ c. Through ClientCustomer’s use of the Service, Client Customer may engage in transactions with other parties. Client Customer acknowledges that all transactions resulting from use of the Service are agreed to solely between Client Customer and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT CUSTOMER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS CUSTOMERS OWN RISK. Client Customer is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage of any transaction records.

Warranties and Limitation of Liability. a. iHealthSpot In the event of a Service failure or interruption, Customer’s sole and exclusive remedy shall be limited to credits granted by Masergy for the actual period such Service was unavailable pursuant to the SLAs, and shall in no event exceed the total charges that Masergy would otherwise have billed to Customer or sums actually paid to Masergy by Customer for the Service giving rise to the claim. Credits granted by Masergy will make reasonable efforts be offset against accumulated unpaid charges billed to provide continuousCustomer as of the time the credit is granted. Any net remaining credit will be offset against unpaid charges within the next two complete billing cycles after the credit is granted. Following the termination of this Agreement all remaining credit will be paid to Customer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, uninterrupted, expedient and error-free Service to Client. iHealthSpot warrants that it will perform its services with professional thoroughness and competence. THERE ARE NO OTHER WARRANTY WARRANTIES OR REPRESENTATIONREPRESENTATIONS MADE UNDER THIS AGREEMENT WITH RESPECT TO THE SERVICES OR OTHERWISE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR TITLE. IN NO EVENT SHALL MASERGY BE LIABLE TO CUSTOMER (BASED ON ANY CLAIM OF BREACH OF CONTRACT, COMPATIBILITY OR SECURITYBREACH OF WARRANTY, is created by this Agreement. b. iHealthSpot shall under no circumstances be liable to Client or any other party for any specialNEGLIGENCE, incidental, consequential or punitive damages, including loss of profits or income, or cost of replacement Service. iHealthSpot’s sole liability, and Client’s sole remedy shall be limited to (i) having iHealthSpot bear the reasonable cost of repairing any part of the Service that does not meet the above warranty, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of Service, or mistakes, omissions, delays, errors, defects, deletion of files, or loss of or damage to data in the provision of the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. c. Through Client’s use of the Service, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGHSTRICT LIABILITY, OR OTHER LIABILITY IN CONNECTION WITH TORT) FOR ANY COSTS, EXPENSES, DAMAGES, OR LIABILITY INCURRED BY CUSTOMER DUE TO LOST DATA, LOSS OF CONNECTIVITY, LOST REVENUES, LOST PROFITS, LOST CUSTOMERS, LOSS OF GOODWILL, REPLACEMENT COSTS, OR LOSS OF ACCESS TO THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage of any transaction recordsSERVICES.