Common use of Warranties and Limitations of Liability Clause in Contracts

Warranties and Limitations of Liability. Certica represents that it has the right to grant this License. CERTICA MAKES NO WARRANTY WHATSOEVER, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, TITLE. CERTICA IS NOT RESPONSIBLE FOR THE VALIDITY, FAIRNESS OR QUALITY OF ASSESSMENTS THAT ARE ULTIMATELY PREPARED BY THE LICENSEE USING THE ITEM BANK. CERTICA WILL HAVE NO RESPONSIBILITY WITH RESPECT TO ANY USE OF THE ITEM BANK OR ANY ITEMS (A) TO THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA OR (B) FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS OR (C) FOR FAILURE TO USE THE ITEMS OR FAIB IN ACCORDANCE WITH THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS OR ADEQUACY OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. IN NO EVENT SHALL CERTICA BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES. FURTHERMORE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE FEES PAID TO CERTICA BY OR ON BEHALF OF THE LICENSEE PURSUANT TO THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM.

Warranties and Limitations of Liability. Certica represents that it has the right to grant this License. CERTICA 9.1 PROGNOST EXPRESSLY WARRANTS THE PRODUCTS MANUFACTURED BY IT AS MEETING THE APPLICABLE SPECIFICATIONS BY PROGNOST, OR OTHERWISE AGREED IN WRITING BETWEEN PROGNOST AND PURCHASER, BUT MAKES NO WARRANTY WHATSOEVER, WHETHER STATUTORY, OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, LIMITATION WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, TITLE). CERTICA IS NOT RESPONSIBLE PURCHASER RETAINS RESPONSIBILITY FOR THE VALIDITY, FAIRNESS OR QUALITY OF ASSESSMENTS THAT ARE ULTIMATELY PREPARED BY THE LICENSEE USING THE ITEM BANK. CERTICA WILL HAVE NO RESPONSIBILITY WITH RESPECT TO ANY USE APPLICATION AND FUNCTIONAL ADEQUACY OF THE ITEM BANK OR ANY ITEMS (A) TO PRODUCTS AND SERVICES. IN ADDITION, THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA OR (B) FOLLOWING SHALL CONSTITUTE THE EXCLUSIVE REMEDIES FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS OR (C) FOR FAILURE TO USE THE ITEMS OR FAIB IN ACCORDANCE WITH THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS OR ADEQUACY BREACH BY PROGNOST OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTORITS WARRANTIES HEREUNDER. IN NO EVENT EVENT, REGARDLESS OF CAUSE, SHALL CERTICA PROGNOST BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE DIRECT OR OTHER INDIRECT DAMAGESINDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE, EITHER REAL OR ALLEGED. FURTHERMORE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT PROGNOST' MAXIMUM LIABILITY TO PURCHASER ARISING FOR ANY REASON RELATING TO PROGNOST'S SALE OF PRODUCTS OR PERFORMANCE OF SERVICES SHALL BE LIMITED TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS AMOUNT OF THE FEES PAID TO CERTICA BY PROGNOST FOR THE PERFORMANCE OF SUCH SERVICES OR ON BEHALF THE PRICE FOR SUCH PRODUCTS, AS APPLICABLE. PURCHASER ACKNOWLEDGES THAT PROGNOST HAS SET ITS PRICES AND SHALL ENTERED INTO AN AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE LICENSEE PURSUANT BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS AND CONDITIONS WILL SURVIVE AND APPLY EVEN IF FOUND TO THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMHAVE FAILED OF THEIR ESSENTIAL PURPOSE.

Warranties and Limitations of Liability. Certica represents that it has the right to grant this LicenseYOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. CERTICA MAKES NO EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY WHATSOEVERFOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY NMSurf (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). NMSurf (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INFRINGEMENTINTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. CERTICA NO ADVICE OR INFORMATION GIVEN BY NMSurf OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF NMSurf TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT RESPONSIBLE WARRANTED. NMSurf DOES NOT WARRANT OR GUARANTEE THAT VOIP SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF NMSurf HAS ACCEPTED YOUR ORDER FOR VOIP SERVICE. THE VALIDITYPROVISIONING OF VOIP SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, FAIRNESS NEITHER YOU NOR NMSurf SHALL HAVE ANY DUTIES OR QUALITY OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF ASSESSMENTS THIS AGREEMENT). NMSurf DOES NOT WARRANT THAT ARE ULTIMATELY PREPARED THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY NMSurf WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED OR ERROR-FREE. NMSurf SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE LICENSEE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. NMSurf MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE ITEM BANKSERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. CERTICA WILL HAVE NO YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT TO ANY FOR USE OF THE ITEM BANK OR ANY ITEMS (A) TO SERVICE, THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA OR (B) FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS OR (C) FOR FAILURE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE ITEMS OR FAIB IN ACCORDANCE WITH SERVICE, THE LICENSE SOFTWARE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENTEQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, ACCURACYPROPERTY, COMPLETENESS ENVIRONMENT, OR ADEQUACY OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTORBUSINESS MAY RESULT IF AN ERROR OCCURS. IN NO EVENT SHALL CERTICA NMSurf (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, 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 NMSurf HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO NMSurf 'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR CONSEQUENTIALWHICH NMSurf (AND ITS OFFICERS, INCIDENTALEMPLOYEES, PUNITIVE PARENT, SUBSIDIARIES, AND AFFILIATES), NMSurf'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NMSurf RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.) WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER INDIRECT DAMAGES. FURTHERMOREOBLIGATIONS NMSurf (OR ITS OFFICERS, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARYEMPLOYEES, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE PARENT, SUBSIDIARIES OR ANY AFFILIATES), ITS THIRD PARTY FOR LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING NMSurf (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY DAMAGES IN EXCESS ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE FEES PAID RIGHTS YOU ARE OTHERWISE ENTITLED TO CERTICA BY OR ON BEHALF OF THE LICENSEE PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE LICENSE OR MAXIMUM AGGREGATE LIABILITY OF NMSurf (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMUNUSED PORTION OF YOUR PREPAID FEES, IF ANY.

Warranties and Limitations of Liability. Certica represents that it has the right to grant this LicenseYOU EXPRESSLY AGREE THAT THE USE OF THE CHQ SERVICE, THE FNC ASSOCIATED SERVICES, AGGREGATOR SERVICES AND FNC’S OTHER PROCESSES AND SERVICES, SOFTWARE, OR ANY OTHER MEDIUM OR PROCESS WITHIN FNC’S CONTROL, AND THE INTERNET, IS AT YOUR SOLE RISK. CERTICA MAKES NO WARRANTY WHATSOEVERTHE CHQ SERVICE, WHETHER STATUTORYTHE FNC ASSOCIATED SERVICES, AGGREGATOR SERVICES AND FNC’S OTHER PROCESSES AND SERVICES, AND ANY OTHER MEDIUM OR PROCESS WITHIN FNC’S CONTROL, THIRD-PARTY VIRUS CHECKING TECHNOLOGY AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY INCLUDING THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACYUNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION, NON-INFRINGEMENT, TITLE. CERTICA IS NOT RESPONSIBLE FOR THE VALIDITY, FAIRNESS OR QUALITY OF ASSESSMENTS THAT ARE ULTIMATELY PREPARED BY THE LICENSEE USING THE ITEM BANK. CERTICA WILL HAVE NO RESPONSIBILITY WITH RESPECT TO ANY USE OF THE ITEM BANK OR ANY ITEMS (A) AND THEN ONLY TO THE EXTENT OF THAT EXCLUSION. FNC PROVIDES PORT SERVICES ON A COMMERCIALLY REASONABLE BASIS. FNC SPECIFICALLY DISCLAIMS ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA WARRANTY THAT THE CHQ SERVICE, THE FNC ASSOCIATED SERVICES, AGGREGATOR SERVICES AND FNC’S OTHER PROCESSES AND SERVICES, SOFTWARE, OR (B) FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS MEDIUM OR (C) FOR FAILURE TO USE THE ITEMS OR FAIB IN ACCORDANCE WITH THE LICENSE PROCESS WITHIN FNC’S CONTROL, OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS INTERNET WILL BE ERROR FREE OR ADEQUACY OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTOROPERATE WITHOUT INTERRUPTION. IN NO EVENT SHALL CERTICA FNC 'S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE (AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH FNC WITH RESPECT TO THIS AGREEMENT) EXCEED MORE THAN THE TOTAL AMOUNT PAID BY YOU TO FNC WITHIN THE MOST RECENT 3 CALENDAR MONTH PERIOD (COUNTING BACKWARDS FROM THE TIME OF THE FILING OF ANY COMPLAINT). IN NO CASE SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIALSPECIAL, INCIDENTAL, PUNITIVE CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOSS OF DATA OR INFORMATION OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY FNC SERVICE OR ANY OTHER INDIRECT DAMAGESMEDIUM OR PROCESS WITHIN FNC’S CONTROL OR THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THIS AGREEMENT OR THE SERVICES CONTEMPLATED HEREIN -- WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. FURTHERMORE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARYEXTENT THAT A STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, UNDER NO CIRCUMSTANCES IN SUCH STATES OR JURISDICTIONS, AS TO THAT STATE OR JURISDICTION LIABILITY SHALL CERTICA BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE FEES PAID TO CERTICA BY OR ON BEHALF OF THE LICENSEE PURSUANT LIMITED TO THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMFULL EXTENT PERMITTED BY LAW.

Warranties and Limitations of Liability. Certica represents that it has the right to grant this LicenseYOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. CERTICA MAKES NO EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY WHATSOEVERFOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY SIERRA NEVADA COMMUNICATIONS (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). SIERRA NEVADA COMMUNICATIONS (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. CERTICA NO ADVICE OR INFORMATION GIVEN BY SIERRA NEVADA COMMUNICATIONS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF SIERRA NEVADA COMMUNICATIONS TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT RESPONSIBLE WARRANTED. SIERRA NEVADA COMMUNICATIONS DOES NOT WARRANT OR GUARANTEE THAT VOIP SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF SIERRA NEVADA COMMUNICATIONS HAS ACCEPTED YOUR ORDER FOR VOIP SERVICE. THE VALIDITYPROVISIONING OF VOIP SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, FAIRNESS NEITHER YOU NOR SIERRA NEVADA COMMUNICATIONS SHALL HAVE ANY DUTIES OR QUALITY OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF ASSESSMENTS THIS AGREEMENT). SIERRA NEVADA COMMUNICATIONS DOES NOT WARRANT THAT ARE ULTIMATELY PREPARED THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY SIERRA NEVADA COMMUNICATIONS WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED OR ERROR- FREE. SIERRA NEVADA COMMUNICATIONS SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE LICENSEE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. SIERRA NEVADA COMMUNICATIONS MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE ITEM BANKSERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. CERTICA WILL HAVE NO YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT TO ANY FOR USE OF THE ITEM BANK OR ANY ITEMS (A) TO SERVICE, THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA OR (B) FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS OR (C) FOR FAILURE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE ITEMS OR FAIB IN ACCORDANCE WITH SERVICE, THE LICENSE SOFTWARE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENTEQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, ACCURACYPROPERTY, COMPLETENESS ENVIRONMENT, OR ADEQUACY OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTORBUSINESS MAY RESULT IF AN ERROR OCCURS. IN NO EVENT SHALL CERTICA SIERRA NEVADA COMMUNICATIONS (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, 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 PHONEPOWERCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO PHONEPOWERCOM'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR CONSEQUENTIALWHICH PHONEPOWERCOM (AND ITS OFFICERS, INCIDENTALEMPLOYEES, PUNITIVE PARENT, SUBSIDIARIES, AND AFFILIATES), PHONEPOWERCOM'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. PHONEPOWERCOM RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.) WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER INDIRECT DAMAGES. FURTHERMOREOBLIGATIONS PHONEPOWERCOM (OR ITS OFFICERS, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARYEMPLOYEES, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE PARENT, SUBSIDIARIES OR ANY AFFILIATES), ITS THIRD PARTY FOR LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING PHONEPOWERCOM (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY DAMAGES IN EXCESS ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE FEES PAID RIGHTS YOU ARE OTHERWISE ENTITLED TO CERTICA BY OR ON BEHALF OF THE LICENSEE PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE LICENSE OR MAXIMUM AGGREGATE LIABILITY OF PHONEPOWERCOM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMUNUSED PORTION OF YOUR PREPAID FEES, IF ANY.

Warranties and Limitations of Liability. Certica represents You use this Site at your own risk. Information on this Site may contain technical inaccuracies or typographical errors. Nagios Enterprises assumes no responsibility regarding the accuracy of the information that it has is provided by Nagios Enterprises and use of such information is at the right to grant this Licenserecipient’s own risk. CERTICA MAKES NO Nagios Enterprises provides no assurances that any reported problems may be resolved with the use of any information that Nagios Enterprises provides. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NAGIOS ENTERPRISES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE AT ANY TIME. ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY WHATSOEVEROF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITYMERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. NEITHER NAGIOS ENTERPRISES NOR ITS AFFILIATES GUARANTEE THAT THEIR SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ACCURACYALTERATION OF, NON-INFRINGEMENTOR IMPROPER ACCESS TO, TITLEYOUR INFORMATION. CERTICA NAGIOS ENTERPRISES IS NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE VALIDITYSECURITY OF YOUR INFORMATION CARRIED BY MEANS OF INTERNET CARRIERS. NAGIOS ENTERPRISES MAKES ITS SITE AVAILABLE “AS IS” AND MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, FAIRNESS TIMELY, SECURE, OR QUALITY OF ASSESSMENTS ERROR FREE. YOU UNDERSTAND AND AGREE THAT ARE ULTIMATELY PREPARED BY ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE LICENSEE USING THE ITEM BANK. CERTICA WILL HAVE NO RESPONSIBILITY WITH RESPECT TO ANY USE OF THE ITEM BANK OR ANY ITEMS (A) TO THE EXTENT SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA OR (B) YOU WILL BE SOLELY RESPONSIBLE FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS DAMAGE THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR (C) FOR FAILURE TO USE THE ITEMS DATA. NAGIOS ENTERPRISES DISCLAIMS ANY LIABILITY OR FAIB IN ACCORDANCE WITH THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS OR ADEQUACY RESPONSIBILITY ARISING OUT OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEECLAIM THAT YOUR ACCESS OR USE OF THIS SITE INFRINGES ANY THIRD PARTY’S AGREEMENT WITH DISTRIBUTORINTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL CERTICA NAGIOS ENTERPRISES AND/OR ITS AFFILIATES BE LIABLE FOR CONSEQUENTIALA) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE SPECIAL OR OTHER INDIRECT DAMAGES. FURTHERMORECONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE FEES PAID TO CERTICA BY USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ON BEHALF OTHERWISE, EVEN IF NAGIOS ENTERPRISES, OR ITS AFFILIATES HAS BEEN ADVISED OF THE LICENSEE PURSUANT POSSIBILITY OF DAMAGES; OR B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMYOU. Privacy Policy. You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at: xxxx://xxx.xxxxxx.xxx/legal/privacypolicy. Links to Third Party Sites. This Site may contain hyperlinks to Web sites operated by parties other than Nagios Enterprises or its affiliates. Such hyperlinks are provided for your reference only. Nagios Enterprises does not control such Web sites and is not responsible for their contents. The inclusion of hyperlinks by Nagios Enterprises to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators, and you access and use such Web sites, including information, material, products and services therein, solely at your own risk. Furthermore, because our Privacy Policy is applicable only when you are on our Site, once you have linked to another Web site, you should read that Web site’s privacy policy before disclosing any personal information.

Warranties and Limitations of Liability. Certica represents that it has the right to grant this LicenseYOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. CERTICA MAKES NO EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY WHATSOEVERFOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY FYBERZ (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). FYBERZ (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. CERTICA NO ADVICE OR INFORMATION GIVEN BY FYBERZ OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF FYBERZ TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT RESPONSIBLE WARRANTED. FYBERZ DOES NOT WARRANT OR GUARANTEE THAT DSL SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF FYBERZ HAS ACCEPTED YOUR ORDER FOR DSL SERVICE. THE VALIDITYPROVISIONING OF DSL SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS, FAIRNESS INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR FYBERZ SHALL HAVE ANY DUTIES OR QUALITY OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY FYBERZ-PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF ASSESSMENTS THIS AGREEMENT). FYBERZ DOES NOT WARRANT THAT ARE ULTIMATELY PREPARED THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY FYBERZ WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LICENSEE LIKE. FYBERZ SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. XXXXXX MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE ITEM BANKSERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. CERTICA WILL HAVE XXXXXX MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT TO ANY FOR USE OF THE ITEM BANK OR ANY ITEMS (A) TO SERVICE, THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA OR (B) FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS OR (C) FOR FAILURE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE ITEMS OR FAIB IN ACCORDANCE WITH SERVICE, THE LICENSE SOFTWARE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENTEQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, ACCURACYPROPERTY, COMPLETENESS ENVIRONMENT, OR ADEQUACY OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTORBUSINESS MAY RESULT IF AN ERROR OCCURS. IN NO EVENT SHALL CERTICA FYBERZ (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, 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 FYBERZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 22 ALSO APPLY TO XXXXXX'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR CONSEQUENTIALWHICH FYBERZ (AND ITS OFFICERS, INCIDENTALEMPLOYEES, PUNITIVE PARENT, SUBSIDIARIES, AND AFFILIATES), FYBERZ'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. FYBERZ RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.) WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER INDIRECT DAMAGES. FURTHERMOREOBLIGATIONS FYBERZ (OR ITS OFFICERS, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARYEMPLOYEES, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE PARENT, SUBSIDIARIES OR ANY AFFILIATES), ITS THIRD PARTY FOR LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING FYBERZ (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY DAMAGES IN EXCESS ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE FEES PAID RIGHTS YOU ARE OTHERWISE ENTITLED TO CERTICA BY OR ON BEHALF OF THE LICENSEE PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE LICENSE OR MAXIMUM AGGREGATE LIABILITY OF FYBERZ (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMUNUSED PORTION OF YOUR PREPAID FEES, IF ANY.

Warranties and Limitations of Liability. Certica represents that it has the right to grant this LicenseSUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER’S SOLE RISK. CERTICA MAKES NO NEITHER COMPANY NOR ITS AGENTS, EMPLOYEES, SUPPLIERS OR CONTRACTORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED; NOR DOES COMPANY OR ITS AGENTS, EMPLOYEES, SUPPLIERS, OR CONTRACTORS MAKE ANY WARRANTY WHATSOEVERAS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, WHETHER STATUTORY, EXPRESS INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABLILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPLANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE OR SECURE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COMPANY SHALL CREATE A WARRANTY; NOR SHALL SUBSCRIBER RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE COMPANY PROVIDES SUBSCRIBERS WITH SUBSCRIBERS ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, ACCURACY, NON-INFRINGEMENT, TITLECOMPANY CANNOT AND DOES NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION SUBSCRIBER OBTAINS THROUGH THE SERVICE. CERTICA IS NOT RESPONSIBLE FOR THE VALIDITY, FAIRNESS OR QUALITY OF ASSESSMENTS THAT ARE ULTIMATELY PREPARED BY THE LICENSEE USING THE ITEM BANK. CERTICA WILL COMPANY SHALL HAVE NO RESPONSIBILITY WITH RESPECT TO ANY USE OF THE ITEM BANK OR ANY ITEMS (A) TO THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA OR (B) LIABLILITY WHATSOEVER FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS DAMAGE TO OR (C) FOR FAILURE TO USE THE ITEMS LOSS OR FAIB IN ACCORDANCE WITH THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS OR ADEQUACY DESTRUCTION OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. IN NO EVENT SHALL CERTICA BE LIABLE FOR CONSEQUENTIALHARDWARE, INCIDENTALSOFTWARE, PUNITIVE FILES OR DATA RESULTING FROM, OR FROM ANY ATTEMPT TO REMOVE ANY COMPUTER VIRUS OR OTHER INDIRECT DAMAGES. FURTHERMORE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE FEES PAID TO CERTICA BY OR ON BEHALF OF THE LICENSEE PURSUANT TO THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMHARMFUL FEATURE.

Warranties and Limitations of Liability. Certica represents that it has the right to grant this Licensea. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. CERTICA MAKES NO EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY WHATSOEVERFOR ANY EQUIPMENT PROVIDED BY NYMBLE (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), NYMBLE (AND ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “NYMBLE PARTIES”), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, 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 ARISING UNDER STATUTE. CERTICA IN ADDITION, THERE IS NOT RESPONSIBLE FOR THE VALIDITY, FAIRNESS NO WARRANTY OF WORKMANLIKE EFFORT OR QUALITY LACK OF ASSESSMENTS THAT ARE ULTIMATELY PREPARED NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY THE LICENSEE USING THE ITEM BANK. CERTICA WILL HAVE NO RESPONSIBILITY NYMBLE PARTIES SHALL CREATE A WARRANTY WITH RESPECT TO ANY USE OF THE ITEM BANK OR ANY ITEMS (A) TO THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA OR (B) FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS OR (C) FOR FAILURE TO USE THE ITEMS OR FAIB IN ACCORDANCE WITH THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS OR ADEQUACY OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. IN NO EVENT SHALL CERTICA BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES. FURTHERMORE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE FEES PAID TO CERTICA BY OR ON BEHALF OF THE LICENSEE PURSUANT TO THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMADVICE PROVIDED.

Warranties and Limitations of Liability. Certica represents that it has the right to grant this License. CERTICA MAKES NO WARRANTY WHATSOEVER, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, TITLE. CERTICA IS NOT RESPONSIBLE FOR THE VALIDITY, FAIRNESS OR QUALITY OF ASSESSMENTS THAT ARE ULTIMATELY PREPARED BY THE LICENSEE USING THE ITEM BANK. CERTICA WILL HAVE NO RESPONSIBILITY WITH RESPECT TO ANY USE OF THE ITEM BANK OR ANY ITEMS (A) TO THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA OR (B) FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS OR (C) FOR FAILURE TO USE THE ITEMS OR FAIB IN ACCORDANCE WITH THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS OR ADEQUACY OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. IN NO EVENT SHALL CERTICA BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES. FURTHERMORE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE FEES PAID TO CERTICA BY OR ON BEHALF OF THE LICENSEE PURSUANT TO THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM.. Initial: 7/29/2021 image.png

Warranties and Limitations of Liability. Certica represents that it has the right to grant this Licensea. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. CERTICA MAKES NO EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY WHATSOEVERFOR ANY EQUIPMENT PROVIDED BY BUCKEYE (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), BUCKEYE (AND ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE "BUCKEYE PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENTNON‐INFRINGEMENT, NON‐INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. CERTICA IN ADDITION, THERE IS NOT RESPONSIBLE FOR THE VALIDITY, FAIRNESS NO WARRANTY OF WORKMANLIKE EFFORT OR QUALITY LACK OF ASSESSMENTS THAT ARE ULTIMATELY PREPARED NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY THE LICENSEE USING THE ITEM BANK. CERTICA WILL HAVE NO RESPONSIBILITY BUCKEYE PARTIES SHALL CREATE A WARRANTY WITH RESPECT TO ANY USE OF THE ITEM BANK OR ANY ITEMS (A) TO THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA OR (B) FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS OR (C) FOR FAILURE TO USE THE ITEMS OR FAIB IN ACCORDANCE WITH THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS OR ADEQUACY OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. IN NO EVENT SHALL CERTICA BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES. FURTHERMORE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE FEES PAID TO CERTICA BY OR ON BEHALF OF THE LICENSEE PURSUANT TO THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMADVICE PROVIDED.

Warranties and Limitations of Liability. Certica represents that it has the right to grant this LicenseYOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. CERTICA MAKES NO EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY WHATSOEVERFOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY FYBERZ (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). FYBERZ (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENTNON­INFRINGEMENT, NON­INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. CERTICA NO ADVICE OR INFORMATION GIVEN BY FYBERZ OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF FYBERZ TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT RESPONSIBLE WARRANTED. FYBERZ DOES NOT WARRANT OR GUARANTEE THAT DSL SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF FYBERZ HAS ACCEPTED YOUR ORDER FOR DSL SERVICE. THE VALIDITYPROVISIONING OF DSL SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS, FAIRNESS INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR FYBERZ SHALL HAVE ANY DUTIES OR QUALITY OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY FYBERZ­PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF ASSESSMENTS THIS AGREEMENT). FYBERZ DOES NOT WARRANT THAT ARE ULTIMATELY PREPARED THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY FYBERZ WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR­FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LICENSEE LIKE. FYBERZ SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. FYBERZ MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE ITEM BANKSERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. CERTICA WILL HAVE FYBERZ MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT TO ANY FOR USE OF THE ITEM BANK OR ANY ITEMS (A) TO SERVICE, THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA OR (B) FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS OR (C) FOR FAILURE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE ITEMS OR FAIB IN ACCORDANCE WITH SERVICE, THE LICENSE SOFTWARE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENTEQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, ACCURACYPROPERTY, COMPLETENESS ENVIRONMENT, OR ADEQUACY OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTORBUSINESS MAY RESULT IF AN ERROR OCCURS. IN NO EVENT SHALL CERTICA FYBERZ (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, 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 FYBERZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 22 ALSO APPLY TO FYBERZ'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR CONSEQUENTIALWHICH FYBERZ (AND ITS OFFICERS, INCIDENTALEMPLOYEES, PUNITIVE PARENT, SUBSIDIARIES, AND AFFILIATES), FYBERZ'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. FYBERZ RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.) WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER INDIRECT DAMAGES. FURTHERMOREOBLIGATIONS FYBERZ (OR ITS OFFICERS, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARYEMPLOYEES, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE PARENT, SUBSIDIARIES OR ANY AFFILIATES), ITS THIRD PARTY FOR LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING FYBERZ (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY DAMAGES IN EXCESS ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE FEES PAID RIGHTS YOU ARE OTHERWISE ENTITLED TO CERTICA BY OR ON BEHALF OF THE LICENSEE PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE LICENSE OR MAXIMUM AGGREGATE LIABILITY OF FYBERZ (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMUNUSED PORTION OF YOUR PREPAID FEES, IF ANY.

Warranties and Limitations of Liability. Certica represents that it has the right to grant this LicenseCLIENT EXPRESSLY AGREE THAT THE USE OF THE SERVICES AND MTRADE’S OTHER PROCESSES, SYSTEMS, SOFTWARE, OR ANY OTHER MEDIUM OR PROCESS WITHIN MTRADE’S CONTROL, AND THE INTERNET, IS AT ITS SOLE RISK. CERTICA MAKES NO WARRANTY WHATSOEVERTHE SERVICES AND MTRADE’S OTHER PROCESSES, WHETHER STATUTORYSYSTEMS, SOFTWARE, OR ANY OTHER MEDIUM OR PROCESS WITHIN MTRADE’S CONTROL, THIRD-PARTY VIRUS OR OTHER MALWARE PROTECTION TECHNOLOGY AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY INCLUDING THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACYUNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION, NON-INFRINGEMENT, TITLE. CERTICA IS NOT RESPONSIBLE FOR THE VALIDITY, FAIRNESS OR QUALITY OF ASSESSMENTS THAT ARE ULTIMATELY PREPARED BY THE LICENSEE USING THE ITEM BANK. CERTICA WILL HAVE NO RESPONSIBILITY WITH RESPECT TO ANY USE OF THE ITEM BANK OR ANY ITEMS (A) AND THEN ONLY TO THE EXTENT OF THAT EXCLUSION. MTRADE SPECIFICALLY DISCLAIMS ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA WARRANTY THAT THE SERVICES AND MTRADE’S OTHER PROCESSES, SYSTEMS, SOFTWARE, OR (B) FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS MEDIUM OR (C) FOR FAILURE TO USE THE ITEMS OR FAIB IN ACCORDANCE WITH THE LICENSE PROCESS WITHIN MTRADE’S CONTROL, OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS INTERNET WILL BE ERROR FREE OR ADEQUACY OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTOROPERATE WITHOUT INTERRUPTION. IN NO EVENT SHALL CERTICA MTRADE'S LIABILITY TO CLIENT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE (AND ITS EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH MTRADE WITH RESPECT TO THIS AGREEMENT) EXCEED MORE THAN THE TOTAL AMOUNT PAID BY CLIENT TO MTRADE WITHIN THE MOST RECENT 3 CALENDAR MONTH PERIOD (COUNTING BACKWARDS FROM THE TIME OF THE FILING OF ANY COMPLAINT). IN NO CASE SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIALSPECIAL, INCIDENTAL, PUNITIVE CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES OR CLAIMS FOR LOSS OF USE, LOST PROFITS OR LOSS OF DATA OR INFORMATION OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH CLIENT’S USE OF ANY MTRADE SERVICE OR ANY OTHER INDIRECT MEDIUM OR PROCESS WITHIN MTRADE’S CONTROL OR THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THIS AGREEMENT OR THE SERVICES CONTEMPLATED HEREIN -- WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. TO THE EXTENT THAT A STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AS TO THAT STATE OR JURISDICTION LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. FURTHERMORE, NOTWITHSTANDING ANYTHING THE LIMITATIONS CONTAINED IN THIS AGREEMENT APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN PROVIDING ITS SERVICES TO CLIENT, MTRADE IS ACTING ONLY TO EXECUTE REQUESTS THAT CLIENT MAY HAVE FOR INFORMATION AND FOR OTHER PRODUCTS AND SERVICES. MTRADE IS NOT OBLIGATED TO NOR DOES IT ATTEMPT TO INDEPENDENTLY VERIFY THE AGREEMENT APPROPRIATENESS, COMPLETENESS, ACCURACY OR AUTHENTICITY OF ANY INFORMATION THAT MAY BE TRANSMITTED TO CLIENT THROUGH ANY OF ITS SERVICES (INCLUDING THAT WHICH IS OBTAINED FROM GOVERNMENTAL AND OTHER THIRD-PARTY SITES), AND THAT THE CONTRARYINFORMATION REPORTED TO AND BY MTRADE MAY BE SUBJECT TO COMPUTATIONAL, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE TRANSCRIPTION, AND TRANSMISSION ERRORS. MTRADE DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY CONCLUSION REGARDING ANY TRANSACTION OR FOR ANY DECISION THAT MAY ARISE FROM THE USE OF THE SERVICES OR MTRADE’S OTHER PROCESSES, SYSTEMS, SOFTWARE, OR ANY THIRD PARTY OTHER MEDIUM OR PROCESS WITHIN MTRADE’S CONTROL. EVERY USER OR INTENDED USER IS SOLELY RESPONSIBLE FOR THE ACCURACY OR APPROPRIATENESS OF ANY CONCLUSION REACHED, RESULTS OBTAINED AND FOR ANY DAMAGES IN EXCESS ACTION THAT MAY BE TAKEN AS A RESULT. ALL OPEN SOURCE COMPONENTS AND OTHER THIRD-PARTY MATERIALS ARE PROVIDED "AS IS" AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CLIENT AND THE FEES PAID TO CERTICA BY THIRD-PARTY OWNER OR ON BEHALF DISTRIBUTOR OF THE LICENSEE PURSUANT TO THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVESUCH OPEN SOURCE COMPONENTS AND THIRD-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMPARTY MATERIALS.

Warranties and Limitations of Liability. Certica represents that it has the right to grant this LicenseYOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. CERTICA MAKES NO EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY WHATSOEVERFOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY I.C. Electronics, Inc. (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). I.C. Electronics, Inc. (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. CERTICA NO ADVICE OR INFORMATION GIVEN BY I.C. Electronics, Inc. OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF I.C. Electronics, Inc. TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT RESPONSIBLE FOR THE VALIDITY, FAIRNESS OR QUALITY OF ASSESSMENTS THAT ARE ULTIMATELY PREPARED BY THE LICENSEE USING THE ITEM BANK. CERTICA WILL HAVE NO RESPONSIBILITY WITH RESPECT TO ANY USE OF THE ITEM BANK OR ANY ITEMS (A) TO THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA OR (B) FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS OR (C) FOR FAILURE TO USE THE ITEMS OR FAIB IN ACCORDANCE WITH THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS OR ADEQUACY OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. IN NO EVENT SHALL CERTICA BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES. FURTHERMORE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE FEES PAID TO CERTICA BY OR ON BEHALF OF THE LICENSEE PURSUANT TO THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMWARRANTED.

Warranties and Limitations of Liability. Certica represents Limited Warranty. BI4DYNAMICS warrants that it has the right medium on which the Software is delivered will be free from defects in workmanship and materials under normal use for a period of sixty (60) days after delivery of the Software, and that the medium will be repaired or replaced, or Licensee’s purchase price refunded, at BI4DYNAMICS's option, upon return of said defective medium to grant this LicenseBI4DYNAMICS within said sixty (60) day period. CERTICA MAKES NO No Warranty. THE SOFTWARE IS PROVIDED "AS IS." BI4DYNAMICS AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS LICENSEE MAY OBTAIN BY USING THE SOFTWARE. STATEMENTS BY BI4DYNAMICS AND ITS EMPLOYEES OR REPRESENTATIVES AND THE PRINTED MATERIALS AND ELECTRONIC DOCUMENTATION THAT ARE PART OF THE SOFTWARE DO NOT CONSTITUTE A WARRANTY WHATSOEVEROR REPRESENTATION THAT THE SOFTWARE WILL PERFORM AS DESCRIBED IN THOSE MATERIALS. Disclaimer. THE EXPRESS WARRANTY SET FORTH IN SECTION IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORYEXPRESS, EXPRESS IMPLIED OR IMPLIEDSTATUTORY WITH RESPECT TO THE SOFTWARE, AND BI4DYNAMICS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYMERCHANTABILITY OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. Limitation of Liability. LICENSEE AGREES THAT HIS, NON-INFRINGEMENTHER OR ITS EXCLUSIVE REMEDIES, TITLE. CERTICA IS NOT RESPONSIBLE FOR THE VALIDITY, FAIRNESS OR QUALITY OF ASSESSMENTS THAT ARE ULTIMATELY PREPARED BY THE LICENSEE USING THE ITEM BANK. CERTICA WILL HAVE NO RESPONSIBILITY AND BI4DYNAMICS'S (AND ITS LICENSORS’) ENTIRE LIABILITY WITH RESPECT TO ANY USE OF THE ITEM BANK SOFTWARE OR ANY ITEMS (A) SERVICES PERFORMED BY BI4DYNAMICS THAT RELATE TO THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA SOFTWARE, SHALL BE AS SET FORTH HEREIN, IN CONTRACT, TORT OR (B) FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS OR (C) FOR FAILURE TO USE THE ITEMS OR FAIB IN ACCORDANCE WITH THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS OR ADEQUACY OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. IN NO EVENT SHALL CERTICA BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES. FURTHERMORE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE FEES PAID TO CERTICA BY OR ON BEHALF OF THE LICENSEE PURSUANT TO THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMOTHERWISE.

Warranties and Limitations of Liability. Certica represents Limited Warranty. BI4DYNAMICS warrants that it has the right medium on which the Software is delivered will be free from defects in workmanship and materials under normal use for a period of sixty (60) days after delivery of the Software, and that the medium will be repaired or replaced, or Licensee’s purchase price refunded, at BI4DYNAMICS's option, upon return of said defective medium to grant this LicenseBI4DYNAMICS within said sixty (60) day period. CERTICA MAKES NO No Warranty. THE SOFTWARE IS PROVIDED "AS IS." BI4DYNAMICS AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS LICENSEE MAY OBTAIN BY USING THE SOFTWARE. STATEMENTS BY BI4DYNAMICS AND ITS EMPLOYEES OR REPRESENTATIVES AND THE PRINTED MATERIALS AND ELECTRONIC DOCUMENTATION THAT ARE PART OF THE SOFTWARE DO NOT CONSTITUTE A WARRANTY WHATSOEVEROR REPRESENTATION THAT THE SOFTWARE WILL PERFORM AS DESCRIBED IN THOSE MATERIALS. Disclaimer. THE EXPRESS WARRANTY SET FORTH IN SECTION IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORYEXPRESS, EXPRESS IMPLIED OR IMPLIEDSTATUTORY WITH RESPECT TO THE SOFTWARE, AND BI4DYNAMICS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACYMERCHANTABILITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. Limitation of Liability. LICENSEE AGREES THAT HIS, NON-INFRINGEMENTHER OR ITS EXCLUSIVE REMEDIES, TITLE. CERTICA IS NOT RESPONSIBLE FOR THE VALIDITY, FAIRNESS OR QUALITY OF ASSESSMENTS THAT ARE ULTIMATELY PREPARED BY THE LICENSEE USING THE ITEM BANK. CERTICA WILL HAVE NO RESPONSIBILITY AND BI4DYNAMICS'S (AND IT’S LICENSORS’) ENTIRE LIABILITY WITH RESPECT TO ANY USE OF THE ITEM BANK SOFTWARE OR ANY ITEMS (A) SERVICES PERFORMED BY BI4DYNAMICS THAT RELATE TO THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA SOFTWARE, SHALL BE AS SET FORTH HEREIN, IN CONTRACT, TORT OR (B) FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS OR (C) FOR FAILURE TO USE THE ITEMS OR FAIB IN ACCORDANCE WITH THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS OR ADEQUACY OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. IN NO EVENT SHALL CERTICA BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES. FURTHERMORE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE FEES PAID TO CERTICA BY OR ON BEHALF OF THE LICENSEE PURSUANT TO THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMOTHERWISE.

Warranties and Limitations of Liability. Certica represents that it has the right to grant this LicenseYOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT, AND SOFTWARE SUPPLIED HEREUNDER ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. CERTICA EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY BROADVOICE (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). BROADVOICE DOES NOT WARRANT THAT THE SERVICE, SOFTWARE, OR EQUIPMENT PROVIDED BY BROADVOICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED OR ERROR- FREE. BROAVOICE SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. BROADVOICE MAKES NO WARRANTY WHATSOEVER, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REGARDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, TITLE. CERTICA IS NOT RESPONSIBLE FOR THE VALIDITY, FAIRNESS OR QUALITY OF ASSESSMENTS THAT ARE ULTIMATELY PREPARED BY THE LICENSEE TRANSACTIONS EXECUTED USING THE ITEM BANKSERVICE, THE SOFTWARE, THE EQUIPMENT, OR THE INTERNET. CERTICA WILL HAVE NO YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT TO ANY FOR USE OF THE ITEM BANK OR ANY ITEMS (A) TO SERVICE, THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA OR (B) FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS OR (C) FOR FAILURE SOFTWARE, THE EQUIPMENT, AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE ITEMS SERVICE, THE SOFTWARE, OR FAIB THE EQUIPMENT IN ACCORDANCE ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS. EXCEPT AS OTHERWISE SET FORTH IN THE INDEMNIFICATION PARAGRAPHS ABOVE, THE LIMIT OF LIABILITY SHALL BE AS FOLLOWS: A. CONTRACTOR’S LIABILITY FOR ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF, OR CONNECTED WITH THE LICENSE SERVICES PROVIDED, AND WHETHER BASED UPON DEFAULT, OR OTHER LIABILITY SUCH AS BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, MISREPRESENTATION OR OTHERWISE, SHALL IN NO CASE EXCEED DIRECT DAMAGES IN: (I) AN AMOUNT EQUAL TO BROADVOICE’S CHARGES SPECIFIED IN THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE PURCHASE ORDER FOR THE CONTENTSERVICES, ACCURACYOR PARTS THEREOF FORMING THE BASIS OF THE PURCHASING ENTITY’S CLAIM, COMPLETENESS OR ADEQUACY (SAID AMOUNT NOT TO EXCEED A TOTAL OF ANY STATE STANDARDS ACCESSIBLE THROUGH THE COVERED PLATFORM. CERTICA WILL HAVE NO LIABILITY TWELVE (12) MONTHS CHARGES PAYABLE UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. IN NO EVENT SHALL CERTICA BE LIABLE FOR CONSEQUENTIALAPPLICABLE PURCHASE ORDER) OR (II) TWO MILLION DOLLARS ($2,000,000), INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES. FURTHERMORE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE FEES PAID TO CERTICA BY OR ON BEHALF OF THE LICENSEE PURSUANT TO THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMWHICHEVER IS GREATER.

Warranties and Limitations of Liability. Certica represents that it has the right to grant this LicenseYOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. CERTICA MAKES NO EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY WHATSOEVERFOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), SERVICE PROVIDER (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INFRINGEMENTINTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. CERTICA ALSO, THERE IS NOT RESPONSIBLE FOR THE VALIDITY, FAIRNESS NO WARRANTY OF WORKMANLIKE EFFORT OR QUALITY LACK OF ASSESSMENTS THAT ARE ULTIMATELY PREPARED NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY THE LICENSEE USING THE ITEM BANK. CERTICA WILL HAVE NO RESPONSIBILITY SERVICE PROVIDER OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SERVICE PROVIDER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ITEM BANK SERVICE AND/OR ANY ITEMS (A) TO THE EXTENT THAT ANY ITEMS HAVE BEEN MODIFIED WITHOUT PRIOR WRITTEN APPROVAL BY CERTICA OR (B) SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY PURPOSE OTHER THAN FOR FORMATIVE STUDENT ASSESSMENTS DAMAGE TO YOUR COMPUTER SYSTEM OR (C) FOR FAILURE TO USE LOSS OF DATA THAT RESULTS FROM THE ITEMS OR FAIB IN ACCORDANCE WITH THE LICENSE OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR. CERTICA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS OR ADEQUACY DOWNLOAD OF ANY STATE STANDARDS ACCESSIBLE SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE COVERED PLATFORM. CERTICA SERVICE AND/OR SOFTWARE WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH DISTRIBUTORCREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL CERTICA SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR CONSEQUENTIALFOR: (A) ANY DIRECT, INCIDENTALINDIRECT, PUNITIVE PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER INDIRECT INCIDENTAL DAMAGES. FURTHERMORE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL CERTICA BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS DATA ARISING OUT OF THE FEES PAID USE, PARTIAL USE OR INABILITY TO CERTICA BY USE THE SERVICE, OR RELIANCE ON BEHALF OR PERFORMANCE OF THE LICENSEE PURSUANT TO SERVICE, REGARDLESS OF THE LICENSE TYPE OF CLAIM OR THE LICENSEE’S AGREEMENT WITH DISTRIBUTOR DURING NATURE OF THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM.CLAIM OR DAMAGES, OR