Common use of Warranties and Limitation of Liability Clause in Contracts

Warranties and Limitation of Liability. We represent and warrant to you that if we sell or license the Proprietary Programs to you: (A) we will have all rights, licenses and authorizations necessary to license the Proprietary Programs to you, subject only to nonexclusive licenses granted to others; and (B) the Proprietary Programs will not, and as a result of any enhancements, improvements or modifications provided by us will not, to the best of our knowledge, infringe upon any United States patent, copyright or other proprietary right of any third party. If your use of the Proprietary Programs as provided by us is enjoined as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rights, we will, in our sole discretion, either: (1) procure for you the right to continue use of the Proprietary Programs as contemplated hereunder; or (2) replace the Proprietary Programs or modify it such that there is no infringement of the third party’s rights; and such action by us will be your sole and exclusive remedy against us in such event. We do not represent or warrant to you, and expressly disclaim any warranty that the Proprietary Programs are error-free or that the operation and use of the Proprietary Programs by you will be uninterrupted or error-free. We have no obligation or liability for any expense or loss incurred by you arising from use of the Proprietary Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES.

Warranties and Limitation of Liability. 8.1. ONLYOFFICE Docs Enterprise and all related services are provided “as is” without any warranties unless otherwise specified in this Agreement. 8.2. To the maximum extent permitted by law, we exclude all warranties unless otherwise specified in this Agreement. 8.3. We represent and/or any of our subsidiaries, employees, agents and warrant affiliates are not liable for any loss or damage that may arise to you under or in connection with this Agreement or by using or in connection with ONLYOFFICE Docs Enterprise, including but not limited to any (direct or indirect) monetary loss, loss of contracts, goodwill, reputation and any loss that if we sell may arise from interruption of the business or license any other type of loss or damage. 8.4. Each Party’s aggregate liability toward the Proprietary Programs to you: (Aother 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 rights, licenses Intellectual Property Rights that are necessary for the performance of our obligations under this Agreement and authorizations necessary the use of ONLYOFFICE Docs Enterprise by you; e) ONLYOFFICE Docs Enterprise is and shall remain in compliance with the Specification set out on our official website xxx.xxxxxxxxxx.xxx; f) ONLYOFFICE Docs Enterprise and all upgrades to license the Proprietary Programs to you, subject only to nonexclusive licenses granted to others; and (B) the Proprietary Programs will not, and as a result of any enhancements, improvements ONLYOFFICE Docs Enterprise provided or modifications provided released by us will not, to the best of our knowledge, shall not infringe upon any United States patent, copyright or other proprietary right of any third party’s Intellectual Property Rights and shall be free from material errors and defects. 8.6. If your use 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) any infringement of any Intellectual Property Right by ONLYOFFICE Docs Enterprise or the Proprietary Programs as provided by us is enjoined as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rights, we will, in our sole discretion, either: (1) procure for you the right to continue use of the Proprietary Programs as contemplated hereunderservices; or (2ii) replace any breach of the Proprietary Programs warranties in clause 8.5. 8.7. We shall promptly notify you if any claim or modify it such that there demand is no made or action brought against us for infringement of any Intellectual Property right that may affect our supply of ONLYOFFICE Docs Enterprise or provision of the third party’s rights; and such action by us will be your sole and exclusive remedy against Services. 8.8. You shall immediately notify us in such event. We do not represent case of loss or warrant to you, and expressly disclaim any warranty that the Proprietary Programs are error-free compromise or that the operation and use suspected compromise of the Proprietary Programs by you will be uninterrupted or error-free. We have no obligation or liability for any expense or loss incurred by you arising from use of the Proprietary Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGESLicense Key.

Warranties and Limitation of Liability. We represent and warrant 9.1 Cannabics warrants to you that if we sell or license the Proprietary Programs to youBARAK that: (Ai) we will have all rightsit is the owner of the Cannabics Technology, licenses and authorizations necessary to license the Proprietary Programs to you, subject only to nonexclusive licenses granted to others; and (Bii) the Proprietary Programs will not, and as a result of any enhancements, improvements or modifications provided by us will not, to the best of our its knowledge, the Cannabics Technology does not infringe upon any United States patent, copyright or other proprietary right the valid rights of any third party. If your use of the Proprietary Programs as provided by us is enjoined as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rightsEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, we will, in our sole discretion, either: (1) procure for you the right to continue use of the Proprietary Programs as contemplated hereunder; or (2) replace the Proprietary Programs or modify it such that there is no infringement of the third party’s rights; and such action by us will be your sole and exclusive remedy against us in such event. We do not represent or warrant to you, and expressly disclaim any warranty that the Proprietary Programs are error-free or that the operation and use of the Proprietary Programs by you will be uninterrupted or error-free. We have no obligation or liability for any expense or loss incurred by you arising from use of the Proprietary Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED CANNABICS TECHNOLOGY IS LICENSED TO BARAK "AS IS" WITHOUT ANY WARRANTIES, WE MAKE NO WARRANTIESCONDITIONS OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, ORAL STATUTORY OR WRITTENOTHERWISE INCLUDING, WITH RESPECT WITHOUT LIMITATION, ANY TERMS AS TO THE DESIGNATED SOFTWARE CONDITION, QUALITY, MERCHANTABILITY, PERFORMANCE OR FITNESS FOR PURPOSE. 9.2 Without derogating from any of its other representations or obligations in this Agreement, BARAK hereby warrants to Cannabics that it has all governmental, state and regulative licenses, permits and approvals necessary or desirable for the manufacture, market, sell and commercialization of SR Capsules in the Territory, that it complies, and shall continue to comply at all times, with any and all of the terms of such licenses, permits, approvals and regulations that apply to the License and its execution and that it shall immediately notify Cannabics regarding any breach (whether alleged or possible) or communication received from any authority in that respect. 9.3 BARAK and Cannabics each represent and warrant for itself that (i) it is a corporation duly organized and validly existing under the laws of the state of its incorporation; (ii) it has the full right, power, and authority to execute and perform this agreement; (iii) this Agreement does not conflict with or otherwise result in a breach of any agreement to which such Party is a party or to which it is bound; and (iv) this Agreement represents a valid, legally binding obligation of it, enforceable against it in accordance with its terms. 9.4 EXCEPT FOR BREACH UNDER SECTION ____ NEITHER PARTY WILL BE LIABLE TOWARDS THE OTHER UNDER ANY PORTION THEREOFLEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT OR CONTRACT) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING ANY PROGRAM DOCUMENTATION BUT NOT LIMITED TO LOST DATA OR LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER MATERIAL FURNISHED HEREUNDERTHAN FOR BREACH DUE TO NON PAYMENT OR FOR BREACH UNDER SECTION Error! Reference source not found., EACH PARTY'S LIABILITY UNDER OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES FOR BREACH OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGESTHIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE CONSIDERATIONS RECEIVED BY CANNABICS FROM BARAK HEREUNDER DURING THE TWELVE (12) MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Warranties and Limitation of Liability. We represent and warrant to you that if we sell or license the Proprietary Programs to you: (A) we will have all rights, licenses and authorizations necessary to license the Proprietary Programs to you, subject only to nonexclusive licenses granted to others; and (B) the Proprietary Programs will not, and as a result of any enhancements, improvements or modifications provided by us will not8.1 The Licensor warrants that, to the best of our knowledgeits knowledge and belief, infringe upon it has the power and authority to grant the Licence. Furthermore, the Licensor warrants that it has not and will not make any United States patentcommitments to others inconsistent with or in derogation of such rights. 8.2 The Licensor warrants that, copyright to the best of its knowledge and belief as of the date of this Agreement or at the time each New Technology is added, the Licensor either legally or beneficially owns or controls the necessary rights so that the exercise of the rights granted or to be granted to the Licensees under this Agreement will not result in the infringement of valid patents or other proprietary right intellectual property rights of third parties anywhere in the world. 8.3 The Licensor warrants that so far as it is aware after diligent inquiry: (a) there is no litigation, arbitration action, or order pending or outstanding or threatened or imminent that seeks to limit or challenge or that concerns the ownership, use, validity, or enforceability of any third party. If your Patent Rights or Technical Information of the Licensor in any of die Existing Technologies and Conditional Technologies; and (b) the Licensees' use of any Patent Rights and Technical Information in accordance with the terms of this Agreement will not result in any such action. 8.4 The entire liability of the Licensor for direct loss, including loss of profits whether in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in connection with this Agreement or the Licensees' use of' the Technologies shall not exceed the aggregate total payments received by the Licensor under the terms of the Joint Venture Agreement in respect of the particular Technology concerned. 8.5 In no circumstances shall the Licensor be liable to the Licensees whether in contract, tort, negligence, breach of statutory duty or otherwise in respect of loss of profits, revenue, goodwill, business opportunity, loss of or cost of restoration of data or any other indirect, consequential, financial or economic loss or damage whatsoever or howsoever arising out of or in connection with this Agreement or the Licensees' use of the Proprietary Programs as provided by us Technologies. 8.6 If any limitation or exclusion contained in this Agreement is enjoined as a result of a claim judged by a third party of patent or copyright infringement or violation of proprietary rights, we will, competent court to be unreasonable in our sole discretion, either: (1) procure for you the right circumstances then the Licensor's maximum liability under this Agreement is increased to continue use of the Proprietary Programs as contemplated hereunder; or (2) replace the Proprietary Programs or modify it such that there is no infringement of the third party’s rights; and such action by us will be your sole and exclusive remedy against us in such event. We do not represent or warrant to you, and expressly disclaim any warranty amount that the Proprietary Programs are error-free Licensees' can recover under their respective insurance for the loss or damage in question. 8.7 Nothing in this Agreement: shall constitute any representation that the operation and use of the Proprietary Programs by you will Intellectual Property Rights shall, if subject to any application for a patent, proceed to grant or if granted shall be uninterrupted or error-free. We have no obligation or liability for any expense or loss incurred by you arising from use of the Proprietary Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGESvalid.

Warranties and Limitation of Liability. We represent and warrant 9.1. CANNABICS warrants to you that if we sell or license the Proprietary Programs to youKALAPA HOLDINGS that: (Ai) we will have all rightsit is the owner of the CANNABICS Technology, licenses and authorizations necessary to license the Proprietary Programs to you, subject only to nonexclusive licenses granted to others; and (Bii) the Proprietary Programs will not, and as a result of any enhancements, improvements or modifications provided by us will not, to the best of our its knowledge, the CANNABICS Technology does not infringe upon any United States patent, copyright or other proprietary right the rights of any third party. If your use of the Proprietary Programs as provided by us is enjoined as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rightsEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, we will, in our sole discretion, either: (1) procure for you the right to continue use of the Proprietary Programs as contemplated hereunder; or (2) replace the Proprietary Programs or modify it such that there is no infringement of the third party’s rights; and such action by us will be your sole and exclusive remedy against us in such event. We do not represent or warrant to you, and expressly disclaim any warranty that the Proprietary Programs are error-free or that the operation and use of the Proprietary Programs by you will be uninterrupted or error-free. We have no obligation or liability for any expense or loss incurred by you arising from use of the Proprietary Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED CANNABICS TECHNOLOGY IS LICENSED TO KALAPA HOLDINGS "AS IS" WITHOUT ANY WARRANTIES, WE MAKE NO WARRANTIESCONDITIONS OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, ORAL STATUTORY OR WRITTENOTHERWISE INCLUDING, WITH RESPECT WITHOUT LIMITATION, ANY TERMS AS TO THE DESIGNATED SOFTWARE CONDITION, QUALITY, MERCHANTABILITY, PERFORMANCE OR FITNESS FOR PURPOSE. 9.2. Without derogating from any of its other representations or obligations in this Agreement, KALAPA HOLDINGS hereby warrants to CANNABICS that it, or one of the set of its subsidiaries (Kalapa Clinic, S.L., Xxxx Group, S.L., KSK Labs, S.L.,) and affiliated organizations (Asociacion Centro Cannabico de Terapias Naturales) currently have all governmental, state and regulative licenses, permits and approvals necessary or desirable for legal manufacture and distribution of Cannabics SR Capsules in the Territory, that it, and the set of its subsidiaries and affiliated organizations, complies, and shall continue to comply at all times, with any and all of the terms of such licenses, permits, approvals and regulations that apply to this License and its execution and that it shall immediately notify CANNABICS regarding any lapse or breach (whether alleged or possible) or communication received from any authority regarding said licensure. 9.3. KALAPA HOLDINGS and CANNABICS each represents and warrants for itself that (i) it is a corporation duly organized and validly existing under the laws of the state of its incorporation; (ii) it has the full right, power, and authority to execute and perform this agreement; (iii) this Agreement does not conflict with or otherwise result in a breach of any agreement to which such Party is a party or to which it is bound; and (iv) this Agreement represents a valid, legally binding obligation of it, enforceable against it in accordance with its terms. 9.4. EXCEPT FOR WILLFUL BREACH NEITHER PARTY WILL BE LIABLE TOWARDS THE OTHER UNDER ANY PORTION THEREOFLEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT OR CONTRACT) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING ANY PROGRAM DOCUMENTATION BUT NOT LIMITED TO LOST DATA OR LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER MATERIAL FURNISHED HEREUNDERTHAN FOR BREACH DUE TO NON PAYMENT OR FOR WILLFUL BREACH, EACH PARTY’S LIABILITY UNDER OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES FOR BREACH OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGESTHIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE CONSIDERATIONS RECEIVED BY CANNABICS FROM KALAPA HOLDINGS HEREUNDER DURING THE TWELVE (12) MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Warranties and Limitation of Liability. We represent 10.1 EDGR warrants to the RRD that the Software will perform in substantial accordance with the Documentation for a period of ninety (90) days from the Effective Date. If the Software does not perform as warranted, EDGR shall undertake to correct the Software, or if correction of the Software is reasonably not possible, replace such Software free of charge. If neither of the foregoing is commercially practicable, EDGR shall terminate this Agreement with respect to the non-confirming software program and warrant refund the monies paid by RRD for the non-conforming software program. The foregoing are RRD’s sole and exclusive remedies for breach of this software warranty. The warranty set forth above is made to you and for the benefit of RRD only and will be enforceable against EDGR only if: a) the Software has been properly installed and has been used at all times in accordance with the instructions for Use; and b) all modifications, alterations or additions to the Software, if any, have been made using software tools provided by EDGR to RRD; and c) RRD has not made or caused to be made modifications, alterations or additions to the Software that if we sell cause it to deviate from the Documentation. 10.2 EDGR warrants that it shall perform all Hosting Services in a good and workmanlike manner by qualified personnel and the Hosting Environment shall be capable of operating the Software (subject to the capacity thereof). EDGR further warrants and represents that: i) it has the right to grant the rights under the Agreement, (ii) it has obtained any and all necessary permissions from third parties to grant these rights in the Software and Hosting Services, (iii) the Hosting Services are in substantial conformance with any specifications provided to RRD by EDGR (collectively the “Hosting Warranty”) and (iv) the Software, Hosting Services and Hosting Environment will not include any virus or license mechanism that is designed to delete, interfere with or otherwise harm RRD’s hardware, information, data, or other programs. If RRD believes that EDGR has committed a material breach of the Proprietary Programs Hosting Warranty, RRD shall provide immediate written notice thereof to youEDGR and EDGR shall have a commercially reasonable period following its receipt of such notice to cure such breach. Any claim for breach of the Hosting Warranty must be made in writing within thirty (30) days of such breach. RRD’s sole remedy and EDGR’s liability with respect to any breach of a Hosting Warranty, shall be either: (Aa) we will have all rightscorrection of Hosting Services that caused the breach of such warranty; or (b) replacement of the nonconforming component of the Hosting Environment. In the event that EDGR fails to repair or replace the nonconforming items under this Section 10.2 during the applicable cure period provided in this Section 10, licenses and authorizations necessary RRD’s sole remedy shall be to license the Proprietary Programs to you, subject only to nonexclusive licenses granted to others; and (B) the Proprietary Programs will not, and as a result of any enhancements, improvements or modifications provided by us will not, to the best of our knowledge, infringe upon any United States patent, copyright or other proprietary right of any third party. If your cease use of the Proprietary Programs Hosting Environment and receive a refund of any prepaid service fees for the Hosting Services. 10.3 Except as set forth above, EDGR makes no warranties, whether express, implied, or statutory regarding or relating to the Software, the Documentation, the Hosting Environment or any materials or services furnished or provided to RRD under this Agreement, including support. Specifically, EDGR does not warrant that the Software will be error free or will perform in an uninterrupted manner. To the greatest extent allowed by us is enjoined law, EDGR specifically disclaims all implied warranties of merchantability, fitness for a particular purpose (even if EDGR had been informed of such purpose) with respect to the Software, the Documentation, the Hosting Environment and support, and with respect to the use of any of the foregoing. 10.4 Except as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rights, we willset forth in Section 10.6 below, in our sole discretionno event will either party be liable for any loss of profits, either: (1) procure for you loss of use, business interruption, loss of date, cost of cover or indirect, special, incidental or consequential damages of any kind in connection with or arising out of this Agreement, the right to continue furnishing, performance or use of the Proprietary Programs Software or services performed hereunder or any delay in delivery of furnishing the Software or said services. 10.5 Except as contemplated hereunder; or (2) replace the Proprietary Programs or modify it such that there is no infringement of the third set forth in Section 10.6 below, each party’s rights; and such action maximum aggregate liability (whether in contract or in tort or under any other form of liability) for damages or loss, howsoever arising or caused, whether or not arising from negligence, shall in no event be greater than the fees actually paid by us will be your sole and exclusive remedy against us RRD to EDGR under this Agreement in such event. We do not represent or warrant to you, and expressly disclaim any warranty that the Proprietary Programs are error-free or that the operation and use of the Proprietary Programs by you will be uninterrupted or error-free. We have no obligation or liability one year for any expense and all claims arising during that year. 10.6 The limitations set forth in Sections 10.5 and 10.6 shall not apply to Section 11 hereunder, or loss incurred by you arising from use of the Proprietary Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold either party’s gross negligence or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGESwillful misconduct.

Warranties and Limitation of Liability. 10.1 ONLYOFFICE Docs Developer Edition and all related services are provided "as is" without any warranties unless otherwise specified in this Agreement. 10.2 To the maximum extent permitted by law, we exclude all warranties unless otherwise specified in this Agreement. 10.3 We represent and/or any of our subsidiaries, employees, agents and warrant affiliates are not liable for any loss or damage that may arise to you or to the End users under or in connection with this Agreement or by using or in connection with ONLYOFFICE Docs Developer Edition, including but not limited to any (direct or indirect) monetary loss, loss of contracts, goodwill, reputation and any loss that if we sell may arise from interruption of the business or license any other type of loss or damage. 10.4 Each Party’s aggregate liability toward the Proprietary Programs to you: 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: (Aa) 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 rights, licenses Intellectual Property Rights that are necessary for the performance of our obligations under this Agreement and authorizations necessary 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 license the Proprietary Programs to you, subject only to nonexclusive licenses granted to others; and (B) the Proprietary Programs will not, and as a result of any enhancements, improvements ONLYOFFICE Docs Developer Edition provided or modifications provided released by us will not, to the best of our knowledge, shall not infringe upon any United States patent, copyright or other proprietary right of any third party. If your use ’s Intellectual Property Rights and shall be 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) any infringement of any Intellectual Property Right by ONLYOFFICE Docs Developer Edition or the Proprietary Programs as provided by us is enjoined as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rights, we will, in our sole discretion, either: (1) procure for you the right to continue use of the Proprietary Programs as contemplated hereunderservices; or (2ii) replace any breach of the Proprietary Programs warranties in clause 10.5. 10.7 We shall promptly notify you if any claim or modify it such that there demand is no made or action brought against us for infringement of any Intellectual Property right that may affect our supply of ONLYOFFICE Docs Developer Edition or provision of the third party’s rights; and such action by us will be your sole and exclusive remedy against Services. 10.8 You shall immediately notify us in such event. We do not represent case of loss or warrant to you, and expressly disclaim any warranty that the Proprietary Programs are error-free compromise or that the operation and use suspected compromise of the Proprietary Programs by you will be uninterrupted or error-free. We have no obligation or liability for any expense or loss incurred by you arising from use of the Proprietary Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGESLicense Key.

Warranties and Limitation of Liability. We represent and warrant 9.1 GROWIN warrants to you that if we sell or license the Proprietary Programs to youSAFFRON TECH that: (Ai) we will have all rightsit is the owner of the GROWIN Technology, licenses and authorizations necessary (ii) to license the Proprietary Programs to you, subject only to nonexclusive licenses granted to others; and (B) the Proprietary Programs will not, and as a result of any enhancements, improvements or modifications provided by us will not, to the best of our its knowledge, the GROWIN Technology does not infringe upon any United States patent, copyright or other proprietary right the rights of any third party. If your use of party and (iii) to its knowledge, the Proprietary Programs GROWIN Technology is accurate in all material respects known to GROWIN and contains such information as provided by us is enjoined as a result of a claim by a third party of patent necessary or copyright infringement or violation of proprietary rights, we will, in our sole discretion, either: (1) procure for you appropriate to enable SAFFRON TECH to sell and promote the right to continue use of the Proprietary Programs as contemplated hereunder; or (2) replace the Proprietary Programs or modify it such that there is no infringement of the third party’s rights; and such action by us will be your sole and exclusive remedy against us in such event. We do not represent or warrant to you, and expressly disclaim any warranty that the Proprietary Programs are error-free or that the operation and use of the Proprietary Programs by you will be uninterrupted or error-free. We have no obligation or liability for any expense or loss incurred by you arising from use of the Proprietary Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax ratesProduct. EXCEPT FOR AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE ABOVE EXPRESS LIMITED GROWIN TECHNOLOGY IS LICENSED TO SAFFRON TECH "AS IS" WITHOUT ANY WARRANTIES, WE MAKE NO WARRANTIESCONDITIONS OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, ORAL STATUTORY OR WRITTENOTHERWISE INCLUDING, WITH RESPECT WITHOUT LIMITATION, ANY TERMS AS TO THE DESIGNATED SOFTWARE CONDITION, QUALITY, MERCHANTABILITY, PERFORMANCE OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIALPURPOSE. 9.2 Without derogating from any of its other representations or obligations in this Agreement, EXEMPLARYSAFFRON TECH hereby warrants to GROWIN that it has all governmental, INCIDENTAL OR PUNITIVE DAMAGESstate and regulative licenses, permits and approvals necessary or desirable for the manufacture, market, sell and commercialization of Product in the Territory, that it complies, and shall continue to comply at all times, with any and all of the terms of such licenses, permits, approvals and regulations that apply to the license and its execution and that it shall immediately notify GROWIN regarding any breach (whether alleged or possible) or communication received from any authority in that respect. 9.3 SAFFRON TECH and GROWIN each represent and warrant for itself that (i) it is a corporation duly organized and validly existing under the laws of the state of its incorporation; (ii) it has the full right, power, and authority to execute and perform this agreement; (iii) this Agreement does not conflict with or otherwise result in a breach of any agreement to which such Party is a party or to which it is bound; and (iv) this Agreement represents a valid, legally binding obligation of it, enforceable against it in accordance with its terms.

Warranties and Limitation of Liability. We represent COMPANY represents and warrant warrants to you that if we sell or license the Proprietary Programs to youDEVELOPER that: (A1) we will have all rights, licenses and authorizations necessary COMPANY has the right to license the Proprietary Licensed Program and Support/Control Programs to youDEVELOPER, subject only to nonexclusive licenses granted to othersas set forth in this Agreement; and (B2) to the Proprietary best of COMPANY's knowledge, the Licensed Program and Support/Control Programs will do not, and as a result of any enhancements, improvements or modifications provided by us COMPANY, will not, to the best of our knowledge, not infringe upon any United States patent, copyright or other proprietary right of any third party. If your In the event DEVELOPER's use of the Proprietary Licensed Program or Support/Control Programs or any portion thereof, as provided by us COMPANY, is enjoined as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rights, we willCOMPANY shall, in our its sole discretion, either: either (1i) procure for you DEVELOPER the right to continue use of the Proprietary Licensed Program or Support/Control Programs as contemplated hereunder; , or (2ii) replace the Proprietary Licensed Program or Support/Control Programs or modify it such that there is no infringement of the third party’s 's rights; and such . Such action by us will COMPANY shall be your DEVELOPER's sole and exclusive remedy against us COMPANY in such event. We do not represent Neither COMPANY nor its designee represents or warrant warrants to youDEVELOPER, and expressly disclaim disclaims any warranty warranty, that the Proprietary Licensed Program or Support/Control Programs are error-free or that the their operation and use of the Proprietary Programs by you DEVELOPER will be uninterrupted or error-free. We Neither COMPANY nor its designee shall have no any obligation or liability for any expense or loss incurred by you DEVELOPER arising from use of the Proprietary Licensed Program or Support/Control Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE COMPANY AND/OR ITS DESIGNEE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE LICENSED PROGRAM, SUPPORT/CONTROL PROGRAMS, PROGRAM DOCUMENTATION, OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, THEREOF AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES.

Warranties and Limitation of Liability. We represent A. Company warrants and warrant to you that if we sell or license the Proprietary Programs to yourepresents that: (Aa) we will have all rights, licenses Company has full right and authorizations necessary power to license the Proprietary Programs to you, subject only to nonexclusive licenses granted to othersenter into this Agreement; and (Bb) neither the execution and the delivery of this Agreement, nor the consummation of the transactions contemplated hereby, will violate any agreement Company has with any third party or any constitution, statute, regulation, rule, injunction, judgment, order, decree ruling, charge or other restriction of any government, governmental agency, or court to which Company is subject or any provision of its charter or bylaws. B. Content Provider warrants and represents that: (a) Content Provider has full right and power to enter into this Agreement; (b) neither the execution and the delivery of this Agreement, nor the consummation of the transactions contemplated hereby, will violate any agreement Content provider has with any third party or any constitution, statute, regulation, rule, injunction, judgment, order, decree ruling, charge or other restriction of any government, governmental agency, or court to which Content Provider is subject or any provision of its charter or bylaws; (c) all Content is original or under a valid license to Content Provider with right to provide the license as set forth hereto to Company; (d) at all times during the Term of this Agreement it will have obtained and shall continue to hold and comply with all legal rights and all required authorizations to use, display and distribute the Content as contemplated by this Agreement (including all consents, clearances and licenses required from the copyright holders of the Content and including all necessary music, mechanical transfer and performing rights clearances); (e) neither the execution and performance of this Agreement nor the transactions contemplated herein, infringes, misuses, misappropriates or conflicts with any existing rights, including copyright, patent and intellectual property rights or other rights or contract rights, licensed to or from, or owned by. a party other than Content Provider; (e) the Proprietary Programs will notContent shall be in compliance with all applicable laws, rules, regulations, orders and as a result of directions enacted within the applicable jurisdiction or issued from time to time by any enhancements, improvements or modifications provided by us will not, competent regulatory authority with respect to the best Content, including without limitation all applicable privacy laws; (f) neither the Content nor any part thereof will infringe any intellectual property right, performing right, right of our knowledgeprivacy, infringe upon any United States patent, copyright or other proprietary right or interest of any third party nor will it constitute a misuse of any confidential Information of a third party or breach any law or be defamatory, obscene, libelous or otherwise unlawful within the applicable territory nor shall it violate any commercial rights to a third party’s name and likeness, or any privacy or personal rights of any third party. If your use ; and (g) Content Provider shall comply with all applicable statutes, regulations and rules related to its performance hereunder. C. Content Provider further represents, covenants and agrees that it shall not breach or become in default of any of its contracts, agreements or obligations relating to the Proprietary Programs as provided by us licensing of any know-how, intellectual property, component, software, technology or documentation required to provide the Content to Company hereunder and that it shall promptly provide Company with written notice should Content Provider discover that it is enjoined as a result of a claim by a or it anticipates that it may be or it has been notified to be in breach or in default under such third party agreements. Upon receipt of patent such notice, Company may either demand that Content Provider immediately cure such breach or copyright infringement default, if curable, or violation of proprietary rightsCompany, we will, in our at its sole discretion, either: (1) procure for you the right may attempt to continue use cure such breach or default on behalf of the Proprietary Programs as contemplated hereunder; Content Provider, provided however, that any attempt by Company to cure such breach or (2) replace the Proprietary Programs or modify it such that there is no infringement of the third party’s rights; and such action by us will be your sole and exclusive remedy against us in such event. We do default shall not represent or warrant to you, and expressly disclaim release Content Provider from any warranty that the Proprietary Programs are error-free or that the operation and use of the Proprietary Programs by you will be uninterrupted or error-free. We have no obligation or liability for such breach or default and Content Provider shall indemnify and hold harmless Company for any expense and all claims arising out of Company’s attempt to cure such breach or loss incurred by you arising from use default. Content Provider shall repay to Company, Company’s costs and expenses related to the cure of the Proprietary Programs such breach or default and in conjunction with addition to any other computer program. Without limiting available remedies at law or in equity, Company may withhold from any Fees due to Content Provider the generality amount of the foregoingany such costs and expenses not immediately repaid by Content Provider upon receipt of Company’s demand for such payment. D. EXCEPT AS SPECIFIED IN THIS AGREEMENT, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR NEITHER COMPANY NOR ITS AFFILIATES OR PARTNERS MAKE ANY WARRANTY OR REPRESENTATION IN CONNECTION WITH THE ABOVE EXPRESS LIMITED SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE REGARDING SUCH SUBJECT MATTER. IN ADDITION TO THE AFOREGOING DISCLAIMER CONTENT PROVIDER RXPRESSLY ACKNOWLEDGES AND AGREES THAT THE MEDIAZONE SERVICES ARE PROVIDED ON AN “AS IS” BASIS ONLY AND NEITHER COMPANY NOR ANY OF ITS AFFILIATES AND/OR PARTNERS MAKES ANY REPRESENTATION OR GIVES ANY WARRANTY THAT SUCH SERVICES (INCLUDING ANY THIRD PARTY SOFTWARE WHICH IS USED BY THE MEDIAZONE SERVICES FOR CERTAIN FUNCTIONS INCLUDING BUT NOT LIMITED TO FUNCTIONS SUCH AS ENCODING AND THE APPLICATION OF SECURITY AND DRM FUNCTIONALITY AND PROTECTIONS) WILL BE ERROR FREE, WILL ACCOMPLISH THE SPECIFIED INTENT OR THAT THEY WILL PERFORM IN ACCORDANCE WITH ANY PARTICULAR LEVEL OR STANDARD AS APPLICABLE. NEITHER COMPANY NOR ITS AFFILIATES OR PARTNERS WILL BE LIABLE TO CONTENT PROVIDER FOR ANY FAILURE OF THE MEDIAZONE SERVICES AND/OR SUCH THIRD PARTY SOFTWARE OR FOR ANY UNAUTHORIZED ACCESS TO COPYING OR DOWNLOADING OF THE CONTENT WHICH OCCURS WITHOUT THE KNOWLEDGE AND/OR CONSENT OF COMPANY AND CONTENT PROVIDER CONTENT PROVIDER ACKNOWLEDGES FURTHER THAT THE ENTIRE RISK ARISING OUT OF THE USE OF THE MEDIAZONE SERVICES AND THE CLIENT APPLICATION REMAINS WITH CONTENT PROVIDER, AND THAT COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES IN RESPECT THERETOOF ANY MATTER IN CONNECTION WITH THE PERFORMANCE OF ANY ACT OR FAILURE TO ACT BY ANY SYNDICATION PARTNER AND COMPANY ASSUMES NO LIABLITY FOR THE ACTS AND OMISSIONS OF ITS SYNDICATION PARTNERS. WE HAVE E. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS OR AGENTS BE LIABLE TO CONTENT PROVIDER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO COMPANY’S PERFORMANCE HEREUNDER, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. IN ADDITION IN NO EVENT SHALL COMPANY’S LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL TO CONTENT PROVIDER AND/OR PUNITIVE DAMAGESTO ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY RECEIVED BY COMPANY FROM CONTENT PROVIDER HEREUNDER.

Warranties and Limitation of Liability. 11.1 We do not give any express warranties and disclaim any implied warranties in relation to the Products, including warranties that: 11.1.1 You will have continuous access to, or usage of, the Products; 11.1.2 data stored by Us will not be lost or corrupted; 11.1.3 it will be possible to restore Your content from Our back up media (if any); or 11.1.4 We will be able to prevent unauthorised persons obtaining access to Your content. 11.2 Any term, condition, guarantee, or warranty which would otherwise be implied into this Licence is excluded, to the degree permitted by law. 11.3 If a term, condition, guarantee, or warranty is implied into this Licence by law, Our liability to You in relation a breach of that term, condition, guarantee, or warranty is limited, to the extent it is lawful to do so, to one or more of the following: 11.3.1 the re-supply of the Product again; or 11.3.2 the payment of the reasonable costs of having the Product supplied again. 11.4 You acknowledge that We do not and cannot control, supervise, or edit any information or material accessed through the Products and that We are not responsible for any content or information accessed via the Products. You will indemnify and keep indemnified Us and Our directors, managers and other employees, and agents and contractors (“Related Persons”) should We or Our Related Persons incur loss, damage, fines, costs, or expenses as a result of Us being treated as the author or publisher of any content or information stored, accessed, or published by You using the Products. 11.5 You acknowledge that the Products are not intended or authorised for use in circumstances where failsafe performance is required or where failures or errors in the operation of the Products could lead to significant financial detriment, loss or damage, or to personal harm, and You agree not to use the Products in such circumstances. You will indemnify and keep indemnified Us and Our Related Persons from and against any loss, damage or liability resulting from the use of the Products contrary to this clause. 11.6 We will not be liable to You for any remote, indirect, consequential, special or incidental loss or damage, including without limitation, loss or damages resulting from loss of profit or loss of data or loss of electronic materials resulting from the Products. You will indemnify Us and Our Related Persons from and against any claim made against Us or any of Our Related Persons by a third party as a result of the Product provided by Us to You. 11.7 Our aggregate liability to You for damages on any basis associated with use of the Products will not exceed the sum paid by You to Us in the month immediately preceding a claim by You. 11.8 Except for the express warranties set out in this Licence, any terms implied by law (that cannot be excluded) and Your rights under statutory guarantees provided under consumer protection laws, We provide no warranties or guarantees to You (including in relation to Our provision of a Product to You, the performance of a Product or Your return on investment in relation to a Product). 11.9 While We will use due care and skill in relation to the provision of the Product, neither we nor Our related bodies corporate warrant or guarantee that: 11.9.1 the Product will be free from errors or omissions or provided to You by or within a particular time; or 11.9.2 We will monitor Your content to ensure that it complies with any law or Your obligations and warranties to Us under this Licence. 11.10 You agree that, apart from Your rights under clauses 11.3 and 11.8 of this Licence We, Our related bodies corporate and third party site or application owners (and representatives) will not be liable for any loss, damage, claim or demand incurred or made by any person (whether based in tort (including as allowable by law, negligence), contract, statute or otherwise) arising out of or in connection with this Licence, including from provision of the Product, or failure to provide the Product, or from exercising any of Our rights in relation to content. 11.11 Without limiting clause 11.3, We are not responsible for any loss, damage, claim or demand arising in connection with: 11.11.1 whether a third party publishes Your content; 11.11.2 how a third party displays Your content; 11.11.3 the way a third party determines the relevancy of Your content on their site or application; 11.11.4 any changes a third party makes to Your content; and 11.11.5 any changes a third party does not make or delays making to Your content. 11.12 Without limiting clause 11.3 of this Licence: 11.12.1 We have no liability for any failure or delay in performing an obligation under this Licence due to matters outside Our reasonable control or to the extent it is caused by You or results from Your failure to take reasonable steps to avoid or minimise Your loss; and 11.12.2 We are not liable for loss or damage that was not reasonably foreseeable. 11.13 You represent and warrant to you Us that: 11.13.1 You or Your licencors own all intellectual property rights in the content that You provide to Us or We collect from Your Inputs and if we sell You are not the owner of Your Inputs, You have obtained the consent of the owner of Your Inputs to allow Us to collect content from Your Inputs and display that content in the Product that You receive from Us; 11.13.2 You have the right to enter into this Licence and are the owner of, or license are legally authorised to use and/or sub-licence the Proprietary Programs use of, the content in the Products that We supply to you: You; 11.13.3 You will not purport to enter this Licence as an agent without authority from the principal; 11.13.4 all information You provide for the purposes of this Licence is accurate, complete and current; 11.13.5 You will not and will not cause Us to breach this Licence or any of Our privacy policies or third party terms; 11.13.6 nothing in Your content (Awhether supplied by You or collected by Us) we will have all rightsin the Products that We supply to You: 11.13.6.1 contravenes any laws, licenses and authorizations necessary to license the Proprietary Programs to you, subject only to nonexclusive licenses granted to others; and (B) the Proprietary Programs will not, and as a result or incites or encourages breaches of any enhancements, improvements or modifications provided by us will not, to law; 11.13.6.2 infringes the best of our knowledge, infringe upon any United States patent, copyright or other proprietary right rights (including intellectual property rights and moral rights) of any third party. If your use parties; 11.13.6.3 breaches any of the Proprietary Programs as provided by us is enjoined as a result of a claim by a this Licence or Your obligations to any third party of patent (including confidentiality and privacy obligations) or copyright infringement third party terms; 11.13.6.4 constitutes or violation of proprietary rightsmay result in any consumer fraud, we will, in our sole discretion, either: (1) procure for you the right to continue use of the Proprietary Programs as contemplated hereunder; or (2) replace the Proprietary Programs or modify it such that there is no infringement of the third party’s rights; and such action by us will be your sole and exclusive remedy against us in such event. We do not represent or warrant to youproduct liability, and expressly disclaim tort, breach of contract, injury, damage or harm of any warranty that the Proprietary Programs are error-free kind to any person or that the operation and use of the Proprietary Programs by you will be uninterrupted or error-free. We have no obligation or liability for any expense or loss incurred by you arising from use of the Proprietary Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES.entity;

Warranties and Limitation of Liability. 10.1 ONLYOFFICE Developer Edition and all related services are provided “as is” without any warranties unless otherwise specified in this Agreement. 10.2 To the maximum extent permitted by law, we exclude all warranties unless otherwise specified in this Agreement. 10.3 We represent and/or any of our subsidiaries, employees, agents and warrant affiliates are not liable for any loss or damage that may arise to you or to the End users under or in connection with this Agreement or by using or in connection with ONLYOFFICE Developer Edition, including but not limited to any (direct or indirect) monetary loss, loss of contracts, goodwill, reputation and any loss that if we sell may arise from interruption of the business or license any other type of loss or damage. 10.4 Each Party’s aggregate liability toward the Proprietary Programs to you: 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: (Aa) 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 rights, licenses Intellectual Property Rights that are necessary for the performance of our obligations under this Agreement and authorizations necessary the use of ONLYOFFICE Developer Edition by you and your End Users; (e) ONLYOFFICE Developer Edition is and shall remain in compliance with the Specification set out on our official website xxx.xxxxxxxxxx.xxx; (f) ONLYOFFICE Developer Edition and all upgrades to license the Proprietary Programs to you, subject only to nonexclusive licenses granted to others; and (B) the Proprietary Programs will not, and as a result of any enhancements, improvements ONLYOFFICE Developer Edition provided or modifications provided released by us will not, to the best of our knowledge, shall not infringe upon any United States patent, copyright or other proprietary right of any third party. If your use ’s Intellectual Property Rights and shall be 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) any infringement of any Intellectual Property Right by ONLYOFFICE Developer Edition or the Proprietary Programs as provided by us is enjoined as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rights, we will, in our sole discretion, either: (1) procure for you the right to continue use of the Proprietary Programs as contemplated hereunderservices; or (2ii) replace any breach of the Proprietary Programs warranties in clause 10.5. 10.7 We shall promptly notify you if any claim or modify it such that there demand is no made or action brought against us for infringement of any Intellectual Property right that may affect our supply of ONLYOFFICE Developer Edition or provision of the third party’s rights; and such action by us will be your sole and exclusive remedy against Services. 10.8 You shall immediately notify us in such event. We do not represent case of loss or warrant to you, and expressly disclaim any warranty that the Proprietary Programs are error-free compromise or that the operation and use suspected compromise of the Proprietary Programs by you will be uninterrupted or error-free. We have no obligation or liability for any expense or loss incurred by you arising from use of the Proprietary Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGESLicense Key.

Warranties and Limitation of Liability. We represent You accept responsibility for selection and warrant use of the Service and for any trading and other decisions made by you based on its use. You shall not use any Password or ID we supply to you that for clearing any transaction with another broker. You accept responsibility for the monitoring of your account. You will immediately notify your broker and us in writing if we sell or license you become aware of the Proprietary Programs to youfollowing: (Aa) any loss, theft or unauthorized use of your Password(s), IDs and/or account number(s); or (b) any failure by you to receive a message indicating that an order was received and/or executed; or (c) any failure by you to receive an accurate confirmation of an execution; or (d) any receipt of confirmation of an order and/or execution which you did not place; or (e) any inaccurate information in your account balances, positions, or transaction history. THE SERVICE IS PROVIDED “AS IS” AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES WHO MAY PROVIDE CONTENT OR OFFER OTHER SERVICES. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, FI1NESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR OUT OF ANY BREACH OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, THOSE FOR BUSINESS INTERRUPTION OR LOSS OF PROFITS. THIS EXCLUSION OR LIMITATION OF LIABILITY WILL NOT APPLY TO THE EXTENT THAT ANY APPLICABLE STATUTE PROHIBITS SUCH EXCLUSION OR LIMITATION OF LIABILITY. ANY LIABILITY ARISING OUT OF ANY ACTION OR OMISSION BY US SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE AMOUNT OF USER FEES PAID TO US BY YOU FOR SERVICE ACCESS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USE OF, OR MATERIALS OBTAINED THROUGH, THE SERVICE. NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES, INCLUDING BUT NOT LIMITED TO THE NEW YORK STOCK EXCHANGE, INC. (EACH A “PROVIDER”), WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE SERVICE. THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY. Neither we will have all rightsnor any Provider shall be liable in any way to you or to any other person for: (a) any inaccuracy, licenses and authorizations necessary to license the Proprietary Programs to youerror or delay in, subject only to nonexclusive licenses granted to others; and or omission of (Bi) any such data, information or message, or (ii) the Proprietary Programs will not, and as a result transmission or delivery of any enhancementssuch data, improvements information or modifications provided message; or (b) any loss or damage arising from or occasioned by us will not(i) any such inaccuracy, error, delay or omission, (ii) non-performance, or (iii) interruption in any such data, information or message, due either to the best any negligent act or omission or to any condition of our knowledge“force majeure” (e.g., infringe upon any United States patentflood, copyright extraordinary weather condition, earthquake or other proprietary right act of god, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction) or any other cause, whether or not within our or any Provider’s control. We shall not be deemed to have received any order or communication electronically transmitted by you until we have actual knowledge of such order or communication. The terms contained in any confirmation issued to you through the Service are subject to change or correction based on the trade data supplied to us by the relevant exchange or market on which the trade was transacted. The use and storage of any third party. If information including, without limitation, the Password, the ID, portfolio information, transaction activity, account balances and any other information or orders available to you through your use of the Proprietary Programs as provided by us Service is enjoined as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rights, we will, in our sole discretion, either: (1) procure for you the right to continue use of the Proprietary Programs as contemplated hereunder; or (2) replace the Proprietary Programs or modify it such that there is no infringement of the third party’s rights; and such action by us will be your sole risk and exclusive remedy against us in such eventresponsibility. We do not represent You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or warrant to youalternative services required for accessing and using the Service, and expressly disclaim any warranty that the Proprietary Programs are error-free or that the operation for all communications service fees and use of the Proprietary Programs by you will be uninterrupted or error-free. We have no obligation or liability for any expense or loss charges incurred by you arising from use of in accessing the Proprietary Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGESService.

Warranties and Limitation of Liability. We represent COMPANY represents and warrant warrants to you that if we sell or license the Proprietary Programs to youLICENSE OWNER that: (A1) we will have all rights, licenses and authorizations necessary COMPANY has the right to license the Proprietary Programs Licensed Program to youLICENSE OWNER, subject only to nonexclusive licenses granted to othersas set forth in this Agreement; and (B2) to the Proprietary Programs will best of COMPANY's knowledge the Licensed Program does not, and as a result of any enhancements, improvements or modifications provided by us COMPANY, will not, to the best of our COMPANY's knowledge, infringe upon any United States patent, copyright or other proprietary right of any third party. If your In the event LICENSE OWNER's use of the Proprietary Programs Licensed 28 151 Program as provided required by us COMPANY is enjoined as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rights, we willCOMPANY shall, in our its sole discretion, either: either (1i) procure for you LICENSE OWNER the right to continue use of the Proprietary Programs Licensed Program as contemplated hereunder; , or (2ii) replace the Proprietary Programs Licensed Program or modify it such that there is no infringement of the third party’s 's rights; and such . Such action by us will COMPANY shall be your LICENSE OWNER's sole and exclusive remedy against us COMPANY in such event. We do not represent Neither COMPANY nor its designee represents or warrant warrants to youLICENSE OWNER, and expressly disclaim disclaims any warranty warranty, that the Proprietary Programs are Licensed Program is error-free or that the operation and use of the Proprietary Programs Licensed Program by you LICENSE OWNER will be uninterrupted or error-free. We Neither COMPANY nor its designee shall have no any obligation or liability for any expense or loss incurred by you LICENSE OWNER arising from use of the Proprietary Programs Licensed Program in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax ratesprogram not authorized by COMPANY. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE COMPANY AND/OR ITS DESIGNEE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE LICENSED PROGRAM, PROGRAM DOCUMENTATION, OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, THEREOF AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES.

Warranties and Limitation of Liability. We represent 9.1 ePN represents and warrant warrants to you Subscriber that if we sell or license (a) it is duly organized, validly existing, and in good standing under the Proprietary Programs to you: (A) we will have laws of the State of Minnesota and has all requisite rights, licenses power, and authorizations necessary authority to license enter into and perform its obligations under this Agreement, and (b) it will comply with all applicable laws and regulations in the Proprietary Programs performance of its obligations under this Agreement. 9.2 Subscriber represents and warrants to youePN that (a) it is duly organized, subject only validly existing, and in good standing under the laws of the State in which it resides and has all requisite rights, title, power, and authority to nonexclusive licenses granted to othersenter into and perform its obligations under this Agreement, (b) it will comply with all applicable laws and regulations in the performance of its obligations under this Agreement; and (Bc) it has secured and will keep in effect any and all necessary permits, licenses or authorizations required to engage in the Proprietary Programs will not, and as a result of any enhancements, improvements business or modifications provided by us will not, to provide the best of our knowledge, infringe upon any United States patent, copyright or other proprietary right of any third party. If your services that make use of the Proprietary Programs as provided by us is enjoined as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rightseCourier. 9.3 SUBSCRIBER ACKNOWLEDGES THAT USE OF eCourier AND SERVICES IS AT THE SOLE RISK OF SUBSCRIBER AND USERS. THE INFORMATION AND DOCUMENTS TRANSMITTED THROUGH eCourier IS PROVIDED BY THE SUBSCRIBERS USERS AND PARTICIPATING COUNTY RECORDERS AND ePN MAKES NO WARRANTY OR REPRESENTATION TO SUBSCRIBER OR USERS REGARDING THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DOCUMENTS PROVIDED BY ANY SUBSCRIBERS, we willUSERS OR COUNTY RECORDING OFFICES, in our sole discretionWHETHER AS INDEXING INFORMATION, either: (1) procure for you the right to continue use of the Proprietary Programs as contemplated hereunder; or (2) replace the Proprietary Programs or modify it such that there is no infringement of the third party’s rights; and such action by us will be your sole and exclusive remedy against us in such eventA DOCUMENT OR OTHERWISE. We do not represent or warrant to youePN SHALL HAVE NO LIABILITY TO SUBSCRIBER, and expressly disclaim any warranty that the Proprietary Programs are error-free or that the operation and use of the Proprietary Programs by you will be uninterrupted or error-free. We have no obligation or liability for any expense or loss incurred by you arising from use of the Proprietary Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE MAKE NO WARRANTIES, EXPRESS USER OR IMPLIED, ORAL OR WRITTEN, ANY OTHER PERSON WITH RESPECT TO ANY DAMAGES OR LOSSES REALIZED BY THEIR RELIANCE UPON ANY SUCH DOCUMENT OR INFORMATION. SUBSCRIBER ACKNOWLEDGES THAT SUBSCRIBER AND USER IS SOLELY RESPONSIBLE FOR VERIFYING TO ITS SATISFACTION THE DESIGNATED SOFTWARE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DOCUMENT TRANSMITTED THROUGH eCourier. SUBSCRIBER AND USER ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF ITS SOURCE DOCUMENTS AND MEDIA. ePN WILL NOT BE RESPONSIBLE FOR CORRECTING ANY ERROR OR DEFECT RESULTING FROM INACCURATE, FAULTY, OR NONCONFORMING SOURCE DOCUMENTS OR MEDIA PROVIDED BY SUBSCRIBER OR USER. SUBSCRIBER REPRESENTS THAT IT HAS ALL REQUISITE AUTHORITY TO REQUEST PERFORMANCE OF THE SERVICES BY ePN AND AGREES THAT ePN SHALL NOT BE LIABLE TO SUBSCRIBER OR USER OR ANY PORTION THEREOF, INCLUDING THIRD PARTY WITH RESPECT TO ANY PROGRAM DOCUMENTATION ACTION OR OTHER MATERIAL FURNISHED HEREUNDER, NON-ACTION BY ePN OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES COUNTY RECORDING OFFICE IN ACCORDANCE WITH THE TERMS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL THIS AGREEMENT OR PUNITIVE DAMAGESAS THE RESULT OF INSTRUCTIONS RECEIVED FROM SUBSCRIBER OR ANY USER.