Common use of Warranties and Limitations Clause in Contracts

Warranties and Limitations. Autodesk warrants that it will use reasonable efforts to provide technical product support per the terms of this Agreement. Autodesk does not warrant that it will be able to answer all of Vertical Solution Provider's questions about the Software as employed by Vertical Solution Provider in its Application and/or Content in the Hosting Services, or that Autodesk will be able to suggest solutions or workarounds for all difficulties or errors encountered by Vertical Solution Provider. The express warranty in this paragraph is the only warranty given by Autodesk with respect to the support furnished hereunder. Technical support under this Agreement is limited to the Software exclusively. No representation is made, and no guarantee is given that Autodesk will be able to answer questions posed by Vertical Solution Provider regarding hardware, operating systems, networks, or software written by other manufacturers or authors. AUTODESK MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXHIBIT D AUTODESK SOFTWARE LICENSE AGREEMENT (AUTODESK MAPGUIDE) BY CLICKING "YES" TO PERMIT INSTALLATION OF THE SOFTWARE TO PROCEED, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IMPORTANT, PLEASE READ THIS FIRST. THIS IS A LICENSE AGREEMENT. AUTODESK IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT AND ANY SUPPLEMENTARY OR UNIQUE LICENSE TERMS INCLUDED HEREWITH ("AGREEMENT"). READ THE TERMS AND CONDITIONS OF THE AGREEMENT CAREFULLY BEFORE SELECTING THE "YES" BUTTON YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THE LICENSE AGREEMENT AND THE SOFTWARE WILL BE INSTALLED. IF YOU DO NOT AGREE TO THESE TERMS, CANCEL THE INSTALLATION BY CHOOSING THE "NO" BUTTON, RETURN WITHIN THIRTY (30) DAYS THE SOFTWARE PACKAGE AND ALL OTHER ITEMS IN THE PACKAGE, WITH DATED PROOF OF PURCHASE TO THE LOCATION WHERE YOU ACQUIRED IT FOR A FULL REFUND. YOUR USE OF THE SOFTWARE ALSO INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH HEREIN. COPYING OF THIS COMPUTER PROGRAM OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS LICENSE IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY THIS COMPUTER PROGRAM WITHOUT PERMISSION OF AUTODESK, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO AUTODESK FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES. 1. GRANT OF LICENSE. Autodesk, Inc. ("Autodesk") grants you a nonexclusive, nontransferable license to use the enclosed program, including the server, the author, the viewers, any extensions, that may be purchased concurrently or at a later date but run with the Autodesk Software (the "Software") and its printed manual and other accompanying material ("Documentation") with equipment owned by you or under your control, according to the terms and conditions of this License Agreement. LiteView Usage License: The number of LiteView users unlimited for the term of the license. Transaction Based License: This is a transaction based license. The amount of time during which you can access and use this software and/or the maximum number of server requests you may make is unlimited provided you pay the applicable fees to Autodesk. View: The license as it relates to any viewer provides for a unique installation of the Autodesk MapGuide Viewer on one computer. If Autodesk MapGuide Viewer is installed on multiple computers, each installation is considered a unique Viewer. If the plug-in, ActiveX or Java Edition Viewer are all installed on the same computer, all are considered one unique Viewer. Back-Up Copy: Regardless if which version of the Software you have acquired, this License permits you to make only one archival (back-up) copy of the Software. Such archival copy may not be installed on another computer, unless such computer is a partitioned drive of a server to which only the authorized user has access. In any event, the archival copy may not be used or installed as long as another copy of the Software is installed on any computer. If the Documentation is in printed form, it may not be copied. If the Documentation is in electronic form, you may print out one (1) copy, which may not be copied.

Warranties and Limitations. Autodesk warrants that it will use reasonable efforts to provide technical product support per the terms of this Agreementa. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, ATHENA UNDERTAKES NO OBLIGATION TO PROVIDE ERROR- FREE OR FAULT-FREE ITEMS OR SERVICES. Autodesk does not warrant that it will be able to answer all of Vertical Solution Provider's questions about the Software as employed by Vertical Solution Provider in its Application and/or Content in the Hosting ServicesTO THE EXTENT PERMITTED BY LAW, or that Autodesk will be able to suggest solutions or workarounds for all difficulties or errors encountered by Vertical Solution ProviderTHE ATHENANET SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS AND DEFECTS. The express warranty in this paragraph is the only warranty given by Autodesk with respect to the support furnished hereunder. Technical support under this Agreement is limited to the Software exclusively. No representation is madeEXCEPT AS EXPRESSLY PROVIDED HEREIN, and no guarantee is given that Autodesk will be able to answer questions posed by Vertical Solution Provider regarding hardwareATHENA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, operating systems, networks, or software written by other manufacturers or authors. AUTODESK MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES(EITHER IN FACT OR BY OPERATION OF LAW), WITH RESPECT TO ANY SERVICE OR ITEM PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, DESIGN, INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY WARRANTY ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM, OR USAGE IN TRADE. b. No claim against either party of any kind under any circumstances will be filed more than one year after the other party knows, or in the exercise of reasonable care could know of, such claim, or an act or omission would give rise to such claim. c. The remedy of a credit as set forth with respect to any Minimum Service Commitment in the applicable Service Description will be the sole and exclusive remedy for the acts or omissions of Athena relating to the performance of that Minimum Service Commitment. EXHIBIT D AUTODESK SOFTWARE LICENSE AGREEMENT Notwithstanding any provision in this Agreement to the contrary, the combined aggregate credit remedy with respect to all Minimum Service Commitments on account of any month is limited to a maximum of 20% of the monthly service fee (AUTODESK MAPGUIDEas defined in the applicable Service Description) BY CLICKING "YES" TO PERMIT INSTALLATION OF THE SOFTWARE TO PROCEEDfor that month. d. Athena’s cumulative, YOU ARE AGREEING aggregate liability in connection with or arising in any way or in any degree from this Agreement, from the athenaNet Service, or otherwise from the acts or omissions of Athena under any and all legal theories will not exceed the lesser of (i) $500,000 or (ii) the total amount paid by Brightree on behalf of Network Facility to Athena in the 12 months before such claim arose. If damages are measured by the cost of medical services provided or the dollar value of claims submitted, Athena’s liability for such damages will not exceed the service fees attributable to such services or claims. Athena will not be liable for and will not incur any credit or remedy against it for failure to provide services or functionality with respect to any claim, statement, or transaction that it believes in good faith contains inaccurate, misleading, or otherwise improper information. NOTWITHSTANDING ANYTHING TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IMPORTANTCONTRARY, PLEASE READ THIS FIRST. THIS IS A LICENSE AGREEMENT. AUTODESK IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT AND ANY SUPPLEMENTARY OR UNIQUE LICENSE TERMS INCLUDED HEREWITH ("AGREEMENT"). READ THE TERMS AND CONDITIONS OF THE AGREEMENT CAREFULLY BEFORE SELECTING THE "YES" BUTTON YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THE LICENSE AGREEMENT AND THE SOFTWARE NEITHER PARTY WILL BE INSTALLEDLIABLE UNDER ANY LEGAL THEORY FOR INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES; LOST PROFITS OR BUSINESS OPPORTUNITIES; OR THE COST OF PROCUREMENT OF SUBSTITUTE ITEMS OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, CANCEL THE INSTALLATION BY CHOOSING THE "NO" BUTTON, RETURN WITHIN THIRTY (30) DAYS THE SOFTWARE PACKAGE AND ALL OTHER ITEMS IN THE PACKAGE, WITH DATED PROOF OF PURCHASE TO THE LOCATION WHERE YOU ACQUIRED IT FOR A FULL REFUND. YOUR USE OF THE SOFTWARE ALSO INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH HEREIN. COPYING OF THIS COMPUTER PROGRAM OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS LICENSE IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY THIS COMPUTER PROGRAM WITHOUT PERMISSION OF AUTODESK, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO AUTODESK FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIESNetwork Facility hereby acknowledges that the remedies set forth above are reasonable and will not fail of their essential purpose. 1. GRANT OF LICENSE. Autodesk, Inc. ("Autodesk") grants you a nonexclusive, nontransferable license to use the enclosed program, including the server, the author, the viewers, any extensions, that may be purchased concurrently or at a later date but run with the Autodesk Software (the "Software") and its printed manual and other accompanying material ("Documentation") with equipment owned by you or under your control, according to the terms and conditions of this License Agreement. LiteView Usage License: The number of LiteView users unlimited for the term of the license. Transaction Based License: This is a transaction based license. The amount of time during which you can access and use this software and/or the maximum number of server requests you may make is unlimited provided you pay the applicable fees to Autodesk. View: The license as it relates to any viewer provides for a unique installation of the Autodesk MapGuide Viewer on one computer. If Autodesk MapGuide Viewer is installed on multiple computers, each installation is considered a unique Viewer. If the plug-in, ActiveX or Java Edition Viewer are all installed on the same computer, all are considered one unique Viewer. Back-Up Copy: Regardless if which version of the Software you have acquired, this License permits you to make only one archival (back-up) copy of the Software. Such archival copy may not be installed on another computer, unless such computer is a partitioned drive of a server to which only the authorized user has access. In any event, the archival copy may not be used or installed as long as another copy of the Software is installed on any computer. If the Documentation is in printed form, it may not be copied. If the Documentation is in electronic form, you may print out one (1) copy, which may not be copied.

Warranties and Limitations. Autodesk warrants that it will use reasonable efforts to provide technical product support per the terms of this Agreement. Autodesk does not warrant that it will be able to answer all of Vertical Solution Provider's questions about the Software as employed by Vertical Solution Provider in its Application and/or Content in the Hosting Services, or that Autodesk will be able to suggest solutions or workarounds for all difficulties or errors encountered by Vertical Solution Provider. The express warranty in this paragraph is the only warranty given by Autodesk with respect to the support furnished hereunder. Technical support under this Agreement is limited to the Software exclusively. No representation is made, and no guarantee is given that Autodesk will be able to answer questions posed by Vertical Solution Provider regarding hardware, operating systems, networks, or software written by other manufacturers or authors. AUTODESK MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXHIBIT D AUTODESK SOFTWARE LICENSE AGREEMENT (AUTODESK MAPGUIDE) BY CLICKING "YES" TO PERMIT INSTALLATION OF THE SOFTWARE TO PROCEED, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IMPORTANT, PLEASE READ THIS FIRST. THIS IS A LICENSE AGREEMENT. AUTODESK IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT AND ANY SUPPLEMENTARY OR UNIQUE LICENSE TERMS INCLUDED HEREWITH ("AGREEMENT"). READ THE TERMS AND CONDITIONS OF THE AGREEMENT CAREFULLY BEFORE SELECTING THE "YES" BUTTON YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THE LICENSE AGREEMENT AND THE SOFTWARE WILL BE INSTALLED. IF YOU DO NOT AGREE TO THESE TERMS, CANCEL THE INSTALLATION BY CHOOSING THE "NO" BUTTON, RETURN WITHIN THIRTY (30) DAYS THE SOFTWARE PACKAGE AND ALL OTHER ITEMS IN THE PACKAGE, WITH DATED PROOF OF PURCHASE TO THE LOCATION WHERE YOU ACQUIRED IT FOR A FULL REFUND. YOUR USE OF THE SOFTWARE ALSO INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH HEREIN. COPYING OF THIS COMPUTER PROGRAM OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS LICENSE IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY THIS COMPUTER PROGRAM WITHOUT PERMISSION OF AUTODESK, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO AUTODESK FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES. 1. GRANT OF LICENSE. Autodesk, Inc. ("Autodesk") grants you a nonexclusive, nontransferable license to use the enclosed program, including the server, the author, the viewers, any extensions, that may be purchased concurrently or at a later date but run with the Autodesk Software (the "Software") and its printed manual and other accompanying material ("Documentation") with equipment owned by you or under your control, according to the terms and conditions of this License Agreement. LiteView Usage License: The number of LiteView users unlimited for the term of the license. Transaction Based License: This is a transaction based license. The amount of time during which you can access and use this software and/or the maximum number of server requests you may make is unlimited provided you pay the applicable fees to Autodesk. View: The license as it relates to any viewer provides for a unique installation of the Autodesk MapGuide Viewer on one computer. If Autodesk MapGuide Viewer is installed on multiple computers, each installation is considered a unique Viewer. If the plug-in, ActiveX or Java Edition Viewer are all installed on the same computer, all are considered one unique Viewer. Back-Up Copy: Regardless if which version of the Software you have acquired, this License permits you to make only one archival (back-up) copy of the Software. Such archival copy may not be installed on another computer, unless such computer is a partitioned drive of a server to which only the authorized user has access. In any event, the archival copy may not be used or installed as long as another copy of the Software is installed on any computer. If the Documentation is in printed form, it may not be copied. If the Documentation is in electronic form, you may print out one (1) copy, which may not be copied.

Warranties and Limitations. Autodesk warrants that it a. Conditioned upon Licensee’s use of the most current version of the EViews Software in accordance with the terms and conditions of this Agreement, and as otherwise set forth in any accompanying documentation, Licensor provides the following warranties: i) The media on which the EViews Software is provided (but excluding internet downloads) shall be free from material defect for a period of ninety (90) days from the Effective Date. ii) The EViews Software will function substantially as described in the then-current documentation. b. If the EViews Software fails to conform to either of the warranties set forth above, Licensor’s sole obligation, and Licensee’s sole and exclusive remedy, shall be for Licensor to use commercially reasonable efforts to replace the defective media or to provide technical product support per a fix or upgrade that causes the terms of this AgreementEViews Software to function in accordance with the warranty. Autodesk Licensor agrees to use commercially reasonable efforts to remove any known viruses and bugs however Licensor does not warrant that it such EViews Software will be free from virus and bugs. Licensee is solely responsible for its use of EViews Software. To enforce this warranty, Licensee must provide Licensor with written notification of any failure of said EViews Software to comply with any material specification as contained in the Documentation within the warranty period set forth above. Licensor must be able to answer all of Vertical Solution Provider's questions about the Software as employed by Vertical Solution Provider in its Application and/or Content in the Hosting Servicesreplicate such failure c. EXCEPT AS SET FORTH IN SECTION 7(a) ABOVE, or that Autodesk will be able to suggest solutions or workarounds for all difficulties or errors encountered by Vertical Solution Provider. The express warranty in this paragraph is the only warranty given by Autodesk with respect to the support furnished hereunder. Technical support under this Agreement is limited to the Software exclusively. No representation is madeTHE SOFTWARE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, and no guarantee is given that Autodesk will be able to answer questions posed by Vertical Solution Provider regarding hardware, operating systems, networks, or software written by other manufacturers or authors. AUTODESK MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. EXHIBIT D AUTODESK SOFTWARE LICENSE AGREEMENT (AUTODESK MAPGUIDE) BY CLICKING "YES" TO PERMIT INSTALLATION OF THE SOFTWARE TO PROCEED. d. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF OR IN CONNECTION WITH, THIS LICENSE AGREEMENT. IMPORTANTFOR THE PURPOSES HEREOF, PLEASE READ THIS FIRST. THIS IS A LICENSE AGREEMENT. AUTODESK IS WILLING CONSEQUENTIAL DAMAGES SHALL INCLUDE, WITHOUT LIMITATION, LOSS OF USE OF ANY EQUIPMENT OR SOFTWARE, LOST INCOME OR PROFITS, LOSSES SUSTAINED AS THE RESULT OF PERSONAL INJURY OR DEATH, AND LOSS OF OR DAMAGE TO LICENSE THE ACCOMPANYING SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT AND ANY SUPPLEMENTARY PROPERTY, INCLUDING, WITHOUT LIMITATION, PROPERTY HANDLED OR UNIQUE LICENSE TERMS INCLUDED HEREWITH ("AGREEMENT"). READ THE TERMS AND CONDITIONS OF THE AGREEMENT CAREFULLY BEFORE SELECTING THE "YES" BUTTON YOU ARE CONSENTING TO BE BOUND PROCESSED BY THE TERMS USE OR APPLICATION OF THE LICENSE AGREEMENT AND THE ANY SOFTWARE WILL BE INSTALLEDOR HARDWARE. IF YOU DO NOT AGREE TO THESE TERMSLicensor’s total aggregate liability in contract, CANCEL THE INSTALLATION BY CHOOSING THE "NO" BUTTONtort, RETURN WITHIN THIRTY (30including negligence) DAYS THE SOFTWARE PACKAGE AND ALL OTHER ITEMS IN THE PACKAGE, WITH DATED PROOF OF PURCHASE TO THE LOCATION WHERE YOU ACQUIRED IT FOR A FULL REFUND. YOUR USE OF THE SOFTWARE ALSO INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH HEREIN. COPYING OF THIS COMPUTER PROGRAM OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS LICENSE IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY THIS COMPUTER PROGRAM WITHOUT PERMISSION OF AUTODESK, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO AUTODESK FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES. 1. GRANT OF LICENSE. Autodesk, Inc. ("Autodesk") grants you a nonexclusive, nontransferable license to use the enclosed programmisrepresentation or otherwise, including liability for any damages arising out of or related to this Agreement will not exceed the server, the author, the viewers, any extensions, that may be purchased concurrently or at a later date but run with the Autodesk Software (the "Software") and its printed manual and other accompanying material ("Documentation") with equipment owned License Fees paid by you or under your control, according to the terms and conditions of this License Agreement. LiteView Usage License: The number of LiteView users unlimited Licensee hereunder for the term EViews Software that is the subject of the licenseclaim;. Transaction Based License: This is a transaction based license. The amount Licensee acknowledges that the Licensor pricing reflects this allocation of time during which you can access risk, and use the limitation of liability specified in this software and/or the maximum number section will apply regardless of server requests you may make is unlimited provided you pay the applicable fees to Autodesk. View: The license as it relates to whether any viewer provides for a unique installation limited or exclusive remedy specified in this Agreement fails of the Autodesk MapGuide Viewer on one computer. If Autodesk MapGuide Viewer is installed on multiple computers, each installation is considered a unique Viewer. If the plug-in, ActiveX or Java Edition Viewer are all installed on the same computer, all are considered one unique Viewer. Back-Up Copy: Regardless if which version of the Software you have acquired, this License permits you to make only one archival (back-up) copy of the Software. Such archival copy may not be installed on another computer, unless such computer is a partitioned drive of a server to which only the authorized user has access. In any event, the archival copy may not be used or installed as long as another copy of the Software is installed on any computer. If the Documentation is in printed form, it may not be copied. If the Documentation is in electronic form, you may print out one (1) copy, which may not be copiedits essential purpose.