Common use of Warranties Disclaimer of Warranties Clause in Contracts

Warranties Disclaimer of Warranties. 6.1. Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; and (ii) it has complied, and will in the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement. 6.2. Neo4j represents and warrants to Subscriber that the Software will materially conform to Neo4j’s Documentation for a period of ninety (90) calendar days from the date the Software is first made available to Subscriber (the “Warranty Period”). Subscriber’s sole and exclusive remedy, and Neo4j’s sole and exclusive liability for any breach of this warranty will be, at Neo4j’s sole discretion, to either fix the Software or refund the applicable Software subscription fees paid by Subscriber, in each case on condition that Subscriber notifies Neo4j in writing of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty as a result of its use with any third-party hardware, software, or services; (ii) is not upgraded to the currently supported version; or (iii) is used other than in accordance with the Documentation or is otherwise used in breach of this Agreement. 6.3. EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 6 AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW: (I) THE SOFTWARE AND SERVICES ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. NEO4J DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.

Warranties Disclaimer of Warranties. 6.1. Each party represents 5.1 Lessor warrants that (a) so long as no Event of Default has occurred and warrants to the other party that: is continuing hereunder, (i) it has Lessee shall have the full power right of quiet and authority peaceful use, possession and enjoyment of the Equipment, subject to enter into and in accordance with the provisions of this Agreement and to carry out its obligations under this Agreement; Master Lease, and (ii) it has compliednotwithstanding any assignment, transfer, or grant of security interest by Lessor, neither Lessor nor any Assignee shall interfere with Lessee’s said right of quiet enjoyment of the Equipment, and will in (b) as of the future complyInstallation Date, with all laws(i) Lessor shall have title to the Equipment or the right to lease the Equipment to Lessee, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement(ii) the Equipment shall be eligible for the manufacturer’s standard maintenance agreement. 6.25.2 LESSOR MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE DESIGN OR CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS OR CAPACITY OR DURABILITY FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE EQUIPMENT OR CONFORMITY OF THE EQUIPMENT TO THE PROVISIONS AND SPECIFICATIONS OF ANY PURCHASE ORDER OR ORDERS RELATING THERETO, AND LESSOR EXPRESSLY DISCLAIMS THE SAME, AND, AS TO LESSOR, LESSEE LEASES THE EQUIPMENT “AS IS”. Neo4j represents LESSOR SHALL HAVE NO LIABILITY TO LESSEE FOR ANY CLAIM, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY, INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY THE EQUIPMENT, OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN, BY ANY INCIDENT WHATSOEVER IN CONNECTION THEREWITH, ARISING IN STRICT LIABILITY, NEGLIGENCE OR OTHERWISE. Notwithstanding the foregoing, provided no Event of Default shall have occurred or be continuing hereunder, Lessee shall be entitled to the benefit of any applicable manufacturer’s warranties and warrants such warranties are hereby assigned by Lessor for the benefit of Lessee, to Subscriber the extent assignable. Upon Lessee’s request and at the sole expense of Lessee, Lessor shall provide reasonable assistance to Lessee in enforcing any such warranties. As to new Equipment, Lessee acknowledges that Lessee ordered the Software will materially conform to Neo4j’s Documentation for a period of ninety (90) calendar days Equipment from the date the Software is first made available to Subscriber (the “Warranty Period”). Subscriber’s sole and exclusive remedysupplier thereof, and Neo4j’s sole and exclusive liability for any breach either (a) Lessee received a copy of this warranty will bethe contract by which Lessor acquired the Equipment, at Neo4j’s sole discretion, to either fix the Software or refund the applicable Software subscription fees paid by Subscriber, in each case on condition that Subscriber notifies Neo4j (b) Lessor has informed Lessee in writing of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty as a result the identity of its use with any third-party hardwarethe supplier, software, or services; (ii) is not upgraded that Lessee may have rights under said contract and may be entitled, under the version of Uniform Commercial Code Article 2A (“UCC 2A”) as in effect in the state specified in Section 28, to the currently supported version; or benefit of warranties provided to Lessor by said supplier, and (iii) is used other than in accordance with that Lessee may and should contact the Documentation supplier to receive an accurate and complete description of such rights including any disclaimers or is otherwise used in breach limitations on them or of the remedies thereunder. Lessee makes this Agreement. 6.3. EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 6 AND acknowledgment so that each such Schedule shall qualify as and be a “finance lease” under UCC 2A. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW: (I) THE SOFTWARE AND SERVICES ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITH LESSEE HEREBY WAIVES ANY AND ALL FAULTSRIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY SECTIONS 2A-401 AND 2A-402, AND WITHOUT ANY WARRANTY SECTIONS 2A-508 THROUGH 2A-522 OF ANY KIND; AND (II) NEO4J EXPRESSLY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WITHOUT LIMITATIONTHE UCC, THE IMPLIED WARRANTIES OF MERCHANTABILITYPROVIDED HOWEVER, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. NEO4J DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE FOREGOING WAIVER WILL BE UNINTERRUPTED IN NO EVENT IMPAIR OR ERROR-FREE, DIMINISH ANY RIGHT OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTEDREMEDY OTHERWISE CONFERRED UPON LESSEE HEREUNDER.

Warranties Disclaimer of Warranties. 6.15.01 Licensor warrants that the Software, when correctly installed and maintained, shall operate substantially in conformance with the accompanying written Documentation furnished by or on behalf of Licensor. Each party represents Unless a different warranty period is contractually agreed upon in writing, the warranty period shall be 3 months as from the date of activation of the Software to End-User. Licensor’s sole and warrants exclusive obligation for any breach of the foregoing warranty shall be to use commercially reasonable efforts to in Licensor’s sole discretion,: either (i) remedy any nonconformities in the other party thatSoftware in order to cause the Software to operate substantially in conformance with the accompanying written Documentation, or (ii) replace the Software or part thereof with functionally equivalent software, or, if performing the foregoing alternatives is not commercially reasonable take back the Software against repayment of the price, taking into account a reasonable depreciation since the start of the license granted hereunder. In no event shall the foregoing warranty apply: (i) it in case the Software has the full power and authority to enter into this Agreement and to carry out been modified from its obligations under this Agreement; and original form as furnished by Licensor or (ii) it has compliedto Software that is not up-to-date with New Versions released by Licensor or its suppliers, and will in (iii) to difficulties or defects that are not reproducible or that are due End-User’s hardware, other software, environment, operating systems or other causes external to the future complySoftware, with all laws, rules and regulations applicable (iv) to it in connection with its execution, delivery and performance of difficulties or defects that are due to End- User’s misuse or any viruses or any other malicious external code. Any unauthorized modifications to the Software shall void this Agreementwarranty. Licensor shall not be obligated to remedy any cosmetic or minor nonconformities. 6.2. Neo4j represents and warrants to Subscriber 5.02 Neither Licensor nor its suppliers warrant that the functions contained in the Software will materially conform to Neo4j’s Documentation for a period meet the requirements of ninety (90) calendar days from End- User or that the date operation of the Software is first made available to Subscriber (the “Warranty Period”). Subscriber’s sole and exclusive remedywill be uninterrupted or free from bugs, and Neo4j’s sole and exclusive liability for any breach of this warranty will beerrors, at Neo4j’s sole discretion, to either fix the Software viruses or refund the applicable Software subscription fees paid by Subscriber, in each case on condition that Subscriber notifies Neo4j in writing of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty as a result of its use with any third-party hardware, software, or services; (ii) is not upgraded to the currently supported version; or (iii) is used other than in accordance with the Documentation or is otherwise used in breach of this Agreementsecurity issues. 6.35.03 Licensor provides Software which includes features to support the prevention of security breaches and fraudulent miss-use of the designated computer. EXCEPT AS EXPRESSLY However, for the avoidance of doubt, the End User retains ultimate and sole responsibility for security and fraud prevention. 5.04 THE WARRANTY SET FORTH ABOVE IN THIS SECTION 6 5.01 IS IN LIEU OF ALL OTHER WARRANTIES. OTHER THAN THE WARRANTY SET FORTH IN SECTION 5.01, LICENSOR DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS, TO THE GREATEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) THE SOFTWARE AND SERVICES ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITH ANY AND ALL FAULTSWARRANTIES, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES INCLUDING WITHOUT LIMITATIONOF STATISFACTORY QUALITY, THE ACCURACY, CORRECTNESS, USE OR APPLICATION AND ANY IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYTITLE AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, AND NON- INFRINGEMENT COURSE OF THIRD PARTY RIGHTS. NEO4J DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED DEALING OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTEDTRADE USAGE.

Warranties Disclaimer of Warranties. 6.1. Each party represents 5.1 Lessor warrants that so long as no Event of Default (as defined in Section 9 hereof) has occurred and warrants to the other party that: is continuing hereunder, (i) it has Lessee and each Permitted Sublessee shall have the full power right of quiet and authority peaceful use, possession and enjoyment of the Equipment, subject to enter into and in accordance with the provisions of this Agreement and to carry out its obligations under this Agreement; Master Lease, and (ii) it has compliednotwithstanding any assignment, and will in transfer, or grant of security interest by Lessor, neither Lessor nor any Assignee (as hereinafter defined) shall interfere with Lessee’s or any Permitted Sublessee’s right of quiet enjoyment of the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this AgreementEquipment. 6.2. Neo4j represents and warrants to Subscriber that the Software will materially conform to Neo4j’s Documentation for a period of ninety (90) calendar days from the date the Software is first made available to Subscriber (the “Warranty Period”). Subscriber’s sole and exclusive remedy5.2 LESSOR MAKES NO OTHER WARRANTY, and Neo4j’s sole and exclusive liability for any breach of this warranty will beEXPRESS OR IMPLIED, at Neo4j’s sole discretionAS TO ANY MATTER WHATSOEVER INCLUDING, to either fix the Software or refund the applicable Software subscription fees paid by Subscriber, in each case on condition that Subscriber notifies Neo4j in writing of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty as a result of its use with any third-party hardware, software, or services; (ii) is not upgraded to the currently supported version; or (iii) is used other than in accordance with the Documentation or is otherwise used in breach of this Agreement. 6.3. EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 6 AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW: (I) THE SOFTWARE AND SERVICES ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES DESIGN OR CONDITION OF MERCHANTABILITYTHE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS OR CAPACITY OR DURABILITY FOR A ANY PARTICULAR PURPOSE, SATISFACTORY QUALITYTHE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE EQUIPMENT OR CONFORMITY OF THE EQUIPMENT TO THE PROVISIONS AND SPECIFICATIONS OF ANY PURCHASE ORDER OR ORDERS RELATING THERETO, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTSLESSOR EXPRESSLY DISCLAIMS THE SAME, AND, AS TO LESSOR, LESSEE LEASES THE EQUIPMENT “AS IS”. NEO4J DOES NOT WARRANT THAT LESSOR SHALL HAVE NO LIABILITY TO LESSEE FOR ANY CLAIM, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY, INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEEQUIPMENT, OR THAT DEFECTS BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN, BY ANY INCIDENT WHATSOEVER IN THE SOFTWARE CONNECTION THEREWITH, ARISING IN STRICT LIABILITY, NEGLIGENCE OR SERVICES WILL BE CORRECTED.OTHERWISE. Notwithstanding the foregoing, provided no Event of Default shall have occurred and is continuing hereunder, Lessee shall be entitled to the benefit of any applicable manufacturer’s warranties and such warranties are hereby assigned by Lessor for the benefit of Lessee, to the extent held by Lessor and to the extent assignable. Lessee acknowledges that the Equipment was ordered from the supplier by Lessee or a Permitted Sublessee, and either (a) Lessee received a copy of the contract by which the Equipment was acquired, or (b) Lessor has informed Lessee in writing of (i) the identity of the supplier, (ii) that Lessee may have rights under said contract and may be entitled, under the version of Uniform Commercial Code Article 2A (“UCC 2A”) as in effect in the state specified in Section 29, to the benefit of warranties provided to Lessor by such supplier, and (iii) that Lessee may and should contact the supplier to receive an accurate and complete description of such rights including any disclaimers or limitations on them or of the remedies thereunder. Lessee makes this acknowledgment so that such each Schedule shall qualify as and be a “finance lease” under UCC 2A.

Warranties Disclaimer of Warranties. 6.1. Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; and (ii) it has complied, and will in the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement. 6.2. Neo4j represents and warrants to Subscriber that the Software will materially conform to Neo4j’s Documentation for For a period of ninety (90) calendar days from after the date Go-Live Date, Licensor warrants that the Software will operate substantially in accordance with the specifications set forth in the Documentation, provided that the Software is first made available to Subscriber (used on the “Warranty Period”)computer hardware equipment and with third party software programs which meet Licensor’s minimum requirements as set forth in the Order Form(s) or exhibit, as applicable. SubscriberLicensee’s exclusive remedy and Licensor’s sole and exclusive remedy, and Neo4j’s sole and exclusive liability for any breach of this warranty will be, at Neo4j’s sole discretion, shall be for Licensor to either fix use commercially reasonable efforts to modify the Software so that it conforms to the warranty described above. Without limitation, Licensor shall have no liability to Licensee or refund any third party arising out of Licensee’s failure to back-up the Software and the related data. Licensor hereby represents that it has the authority of each manufacturer or producer of Hardware and Third Party Software which are, if applicable, subject to this Agreement to sell the same to Licensee. Licensee acknowledges that Licensor is not the manufacturer or producer and therefore makes no warranties, conditions, representations or guarantees, express or implied, concerning Hardware or Third Party Software, as applicable. So far as possible, Licensor hereby assigns to Licensee the manufacturer’s and producer’s warranties, if any, applicable Software subscription fees paid by Subscriberto the Hardware and Third Party Software, in each case on condition and Licensee hereby accepts such assignment and agrees that Subscriber notifies Neo4j in writing its sole remedies are included thereunder. Licensor makes no representations regarding the validity or enforceability of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty as a result of its use with any third-party hardware, software, such manufacturer’s or services; (ii) is not upgraded to the currently supported version; or (iii) is used other than in accordance with the Documentation or is otherwise used in breach of this Agreement. 6.3producer’s warranty. EXCEPT AS EXPRESSLY SET FORTH ABOVE FOR THE WARRANTIES PROVIDED IN THIS SECTION 6 16 AND TO THE GREATEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) , THE SOFTWARE, THIRD PARTY SOFTWARE AND SERVICES HARDWARE, AS APPLICABLE, ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, AND “WITH ANY AND ALL FAULTS”, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY LICENSOR DISCLAIMS ALL IMPLIED OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES OR STATUTORY WARRANTIES CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES WARRANTY AND CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THE USE OF REASONABLE SKILL AND CARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE USE OF REASONABLE SKILL AND CARE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND NON- INFRINGEMENT OF ACCURACY, FREEDOM FROM ERROR OR THAT THE SOFTWARE, THIRD PARTY RIGHTSSOFTWARE, SUPPORT, MAINTENANCE OR HARDWARE WILL MEET ALL OF LICENSEE’S REQUIREMENTS. NEO4J DOES NOT WARRANT THAT THE OPERATION LICENSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS WITH RESPECT TO ANY THIRD PARTY SOFTWARE OR THIRD PARTY SERVICES PROVIDED WITH OR AS PART OF THE SOFTWARE, HARDWARE OR RELATED SERVICES. LICENSOR’S LIMITED WARRANTIES DO NOT APPLY TO ANY SOFTWARE WILL BE UNINTERRUPTED WHICH HAS BEEN MODIFIED OR ERRORALTERED IN ANY MANNER BY ANYONE OTHER THAN LICENSOR OR ITS AUTHORIZED AGENT. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN OR ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS ARE LIMITED IN DURATION TO THE WARRANTY PERIOD TO THE EXTENT LEGALLY PERMISSIBLE. Nothing in this Agreement excludes, restricts, or modifies any right or remedy, or any guarantee, representation, warranty, condition or other term, implied or imposed by any applicable law which cannot lawfully be excluded or limited. This may include any consumer law which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, representation, warranty, condition or other term is implied or imposed concerning this Agreement under any consumer law or any other applicable law and cannot be excluded (a “Non-FREEExcludable Provision”), OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTEDand Licensor is able to limit Licensee’s remedy for a breach of the Non-Excludable Provision, then the liability of Licensor for breach of the Non-Excludable Provision is limited to one or more of the following, at Licensor’s option: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. The parties agree that it is Licensee’s responsibility to determine whether the Software is suitable for Licensee’s requirements. No other terms, conditions, representations, warranties or guarantees, whether written or oral, express or implied, will form a part of this Agreement or have any legal effect whatsoever.

Warranties Disclaimer of Warranties. 6.1. Each party represents and Licensor warrants to the other party that: (i) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; and (ii) it has complied, and will in the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement. 6.2. Neo4j represents and warrants to Subscriber that the Software will materially conform operate substantially in accordance with the specifications set forth in the Documentation when delivered to Neo4j’s Documentation Licensee for a period of ninety (90) calendar days from after the date Go-Live Date provided that the Software is first made available to Subscriber (used on the “Warranty Period”)computer hardware equipment and with third party software programs which meet Licensor’s minimum requirements as set forth in the Order Form(s) or exhibit, as applicable. SubscriberLicensee’s exclusive remedy and Licensor’s sole and exclusive remedy, and Neo4j’s sole and exclusive liability for any breach of this warranty will beshall be for Licensor to use commercially reasonable efforts to correct such Errors. Without limitation, at Neo4jLicensor shall have no liability to Licensee or any third party arising out of Licensee’s sole discretion, failure to either fix back-up the Software and the related data. Licensor hereby represents that it has the authority of each manufacturer or refund producer of Hardware and Third Party Software which are, if applicable, subject to this Agreement to sell the same to Licensee. Licensee acknowledges that Licensor is not the manufacturer or producer and therefore makes no warranties, conditions, representations or guarantees, express or implied, concerning Hardware or Third Party Software, as applicable. So far as possible, Licensor hereby assigns to Licensee the manufacturer’s and producer’s warranties, if any, applicable Software subscription fees paid by Subscriberto the Hardware and Third Party Software, in each case on condition and Licensee hereby accepts such assignment and agrees that Subscriber notifies Neo4j in writing its sole remedies are included thereunder. Licensor makes no representations regarding the validity or enforceability of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty as a result of its use with any third-party hardware, software, such manufacturer’s or services; (ii) is not upgraded to the currently supported version; or (iii) is used other than in accordance with the Documentation or is otherwise used in breach of this Agreement. 6.3producer’s warranty. EXCEPT AS EXPRESSLY SET FORTH ABOVE FOR THE WARRANTIES PROVIDED IN THIS SECTION 6 16 AND TO THE GREATEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) , THE SOFTWARE, THIRD PARTY SOFTWARE AND SERVICES HARDWARE, AS APPLICABLE, ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, AND “WITH ANY AND ALL FAULTS”, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY LICENSOR DISCLAIMS ALL IMPLIED OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES OR STATUTORY WARRANTIES CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES WARRANTY AND CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THE USE OF REASONABLE SKILL AND CARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE USE OF REASONABLE SKILL AND CARE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND NON- INFRINGEMENT OF ACCURACY, FREEDOM FROM ERROR OR THAT THE SOFTWARE, THIRD PARTY RIGHTSSOFTWARE, SUPPORT, MAINTENANCE OR HARDWARE WILL MEET ALL OF LICENSEE’S REQUIREMENTS. NEO4J DOES NOT WARRANT THAT THE OPERATION LICENSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS WITH RESPECT TO ANY THIRD PARTY SOFTWARE OR THIRD PARTY SERVICES PROVIDED WITH OR AS PART OF THE SOFTWARE, HARDWARE OR RELATED SERVICES. LICENSOR’S LIMITED WARRANTIES DO NOT APPLY TO ANY SOFTWARE WILL BE UNINTERRUPTED WHICH HAS BEEN MODIFIED OR ERRORALTERED IN ANY MANNER BY ANYONE OTHER THAN LICENSOR OR ITS AUTHORIZED AGENT. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN OR ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS ARE LIMITED IN DURATION TO THE WARRANTY PERIOD TO THE EXTENT LEGALLY PERMISSIBLE. Nothing in this Agreement excludes, restricts, or modifies any right or remedy, or any guarantee, representation, warranty, condition or other term, implied or imposed by any applicable law which cannot lawfully be excluded or limited. This may include any consumer law which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, representation, warranty, condition or other term is implied or imposed concerning this Agreement under any consumer law or any other applicable law and cannot be excluded (a “Non-FREEExcludable Provision”), OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTEDand Licensor is able to limit Licensee’s remedy for a breach of the Non-Excludable Provision, then the liability of Licensor for breach of the Non-Excludable Provision is limited to one or more of the following, at Licensor’s option: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. The parties agree that it is Licensee’s responsibility to determine whether the Software is suitable for Licensee’s requirements. No other terms, conditions, representations, warranties or guarantees, whether written or oral, express or implied, will form a part of this Agreement or have any legal effect whatsoever.

Warranties Disclaimer of Warranties. 6.1. 7.1 Each party represents and warrants to the other party that: (i) Party acknowledges that it has the full power not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. 7.2 The Parties represent and authority warrant that they are duly organized and are duly authorized to enter into execute and deliver this Agreement and to carry out its perform each of their respective obligations under this Agreement; hereunder. 7.3 The Parties represent and (ii) it has compliedwarrant that the execution, delivery, and will in performance by the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance Parties of this Agreement. 6.2. Neo4j represents Agreement and warrants to Subscriber that the Software consummation by the Parties of the transactions contemplated hereby will materially conform to Neo4j’s Documentation for a period of ninety (90) calendar days from the date the Software is first made available to Subscriber (the “Warranty Period”). Subscriber’s sole and exclusive remedy, and Neo4j’s sole and exclusive liability for any breach of this warranty will be, at Neo4j’s sole discretion, to either fix the Software not conflict with or refund the applicable Software subscription fees paid by Subscriber, in each case on condition that Subscriber notifies Neo4j in writing of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: violate (i) fails to conform with this warranty as a result any provision of its use with any third-party hardwarelaw, softwarerule, or servicesregulation to which the Parties are subject; (ii) is not upgraded any order, judgment, or decree applicable to the currently supported versionParties or binding upon the Parties’ assets or properties; or (iii) is used any provision of the Parties by-laws or certificate of incorporation; (iv) any agreement or other than instrument applicable to the Parties or binding upon the Parties’ assets or properties, or (v) any previous agreement with any third party. 7.4 Licensor represents and warrants that the Licensed Software was made in a good and xxxxxxx like manner, and will perform substantially in accordance with the Documentation or is otherwise used in breach of this Agreementpublished specifications and Documentation. 6.37.5 Licensee represents and warrants that, it has all rights and licenses [**] needed to offer the licensing and services which it provides to third parties, to the extent such licensing or services use designs, specifications, software or services are provided by Licensor, and that, no payment of any kind shall be required to be made by Licensor to Licensee [**] with respect thereto. To the extent the Licensed Software uses or includes third party software, Licensor warrants that it has sufficient rights with respect to such third party software to grant the License. 7.6 EXCEPT AS EXPRESSLY SET FORTH PROVIDED ABOVE IN THIS SECTION 6 7, LICENSOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW: (I) THE LICENSED SOFTWARE AND SERVICES ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASISDOCUMENTATION, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY DISCLAIMS INCLUDING ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYOR ARISING FROM A COURSE OF DEALING, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. NEO4J DOES NOT WARRANT USAGE OR TRADE PRACTICE; LICENSOR SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR WILL OPERATE IN COMBINATIONS OR IN A MANNER SELECTED FOR USE BY LICENSEE, OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.

Warranties Disclaimer of Warranties. 6.1. Each party represents and (a) Envestnet warrants to the other party that: (i) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; and (ii) it has complied, and will in the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement. 6.2. Neo4j represents and warrants to Subscriber that the Software will materially conform to Neo4j’s Documentation for a period of ninety (90) calendar days from the date the Software is first made available to Subscriber Launch Date (the “Warranty Period”). Subscriber’s sole and exclusive remedy, and Neo4j’s sole and exclusive liability for any breach of this warranty the Customized Envestnet Platform will be, at Neo4j’s sole discretion, to either fix the Software or refund the applicable Software subscription fees paid by Subscriber, comply in each case on condition that Subscriber notifies Neo4j in writing of any alleged breach of this warranty within the Warranty Period. This warranty is null and void all material respects to the extent the Software: (i) fails to conform with this warranty as a result of its use with any third-party hardware, software, or services; (ii) is not upgraded to the currently supported version; or (iii) is used other than Specifications and will perform in accordance with the Documentation or performance specifications and service levels set forth in Exhibit F. If, during the Warranty Period, the Customized Envestnet Platform fails to perform as warranted above, FBS shall notify Envestnet of such failure and Envestnet shall, at no charge to FBS, use diligent commercial efforts to promptly make such changes to the Customized Envestnet Platform as are required for the Customized Envestnet Platform to perform as warranted above. If such failure is otherwise used in breach not remedied within fifteen (15) days of FBS’s notification to Envestnet of such failure, FBS may terminate this AgreementAgreement by providing written notice of such termination to Envestnet. 6.3. (b) EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 6 AND AGREEMENT, ENVESTNET MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW: (I) THE SOFTWARE AND SERVICES ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASISENVESTNET TECHNOLOGY, WITH INCLUDING, BUT NOT LIMITED TO, ANY AND ALL FAULTS, AND WITHOUT ANY IMPLIED WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY DISCLAIMS ALL IMPLIED MERCHANTABILITY OR STATUTORY WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. FBS HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY ENVESTNET EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT. IN ADDITION, SATISFACTORY QUALITYNOTWITHSTANDING ANY PROVISION HEREOF, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. NEO4J ENVESTNET DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE ENVESTNET TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-ERROR FREE. (c) FBS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE FBS TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ENVESTNET HEREBY ACKNOWLEDGES THAT DEFECTS IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY FBS EXCEPT IF AND TO THE EXTENT SPECIFICALLY SET FORTH IN THIS AGREEMENT. IN ADDITION, AND NOTWITHSTANDING ANY PROVISION HEREOF, FBS DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES OPERATION OF THE FBS TECHNOLOGY WILL BE CORRECTEDUNINTERRUPTED OR ERROR FREE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ENVESTNET SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY FAILURE OF THE FBS TECHNOLOGY (UNLESS, SUBJECT TO ANY AND ALL OTHER DISCLAIMERS OF LIABILITY BY ENVESTNET, IN THIS AGREEMENT) SUCH FAILURE WAS CAUSED BY ENVESTNET) OR FOR ANY CONTENT OF THE CUSTOM ENVESTNET PLATFORM PROVIDED TO ENVESTNET BY FBS OR AN ADVISOR.

Warranties Disclaimer of Warranties. 6.1. Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; and (ii) it has complied, and will in the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement. 6.2. Neo4j represents and warrants to Subscriber that the Software will materially conform to Neo4j’s Documentation for For a period of ninety (90) calendar days from after the date Go Live Date, Supplier warrants that the Software Services will operate substantially in accordance with the specifications set forth in the Documentation, provided that the Services is first made available to Subscriber (used on the “Warranty Period”)computer hardware equipment and with third party Services programs which meet Supplier’s minimum requirements as set forth in the Order Form(s) or exhibit, as applicable. SubscriberCustomer’s exclusive remedy and Supplier’s sole and exclusive remedy, and Neo4j’s sole and exclusive liability for any breach of this warranty will beshall be for Supplier to use commercially reasonable efforts to modify the Services so that it conforms to the warranty described above. Without limitation, at Neo4jSupplier shall have no liability to Customer or any third party arising out of Customer’s failure to back- up the Services and the related data. Supplier hereby represents that it has the authority of each manufacturer or producer of Hardware and Third Party Services which are, if applicable, subject to this Agreement to sell the same to Customer. Customer acknowledges that Supplier is not the manufacturer or producer and therefore makes no warranties, conditions, representations or guarantees, express or implied, concerning Hardware or Third Party Software, as applicable. So far as possible, Supplier hereby assigns to Customer the manufacturer’s and producer’s warranties, if any, applicable to the Hardware and Third Party Software, and Customer hereby accepts such assignment and agrees that its sole discretion, to either fix remedies are included thereunder. Supplier makes no representations regarding the Software validity or refund the applicable Software subscription fees paid by Subscriber, in each case on condition that Subscriber notifies Neo4j in writing enforceability of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty as a result of its use with any third-party hardware, software, such manufacturer’s or services; (ii) is not upgraded to the currently supported version; or (iii) is used other than in accordance with the Documentation or is otherwise used in breach of this Agreement. 6.3producer’s warranty. EXCEPT AS EXPRESSLY SET FORTH ABOVE FOR THE WARRANTIES PROVIDED IN THIS SECTION 6 16 AND TO THE GREATEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) , THE SOFTWARE SOFTWARE, THIRD PARTY SERVICES AND SERVICES HARDWARE, AS APPLICABLE, ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, AND “WITH ANY AND ALL FAULTS”, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY SUPPLIER DISCLAIMS ALL IMPLIED OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES OR STATUTORY WARRANTIES CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES WARRANTY AND CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THE USE OF REASONABLE SKILL AND CARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUPPLIER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE USE OF REASONABLE SKILL AND CARE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND NON- INFRINGEMENT OF ACCURACY, FREEDOM FROM ERROR OR THAT THE SOFTWARE, THIRD PARTY RIGHTSSOFTWARE, SUPPORT, MAINTENANCE OR HARDWARE WILL MEET ALL OF CUSTOMER’S REQUIREMENTS. NEO4J DOES NOT WARRANT THAT THE OPERATION SUPPLIER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS WITH RESPECT TO ANY THIRD PARTY SERVICES OR THIRD PARTY SERVICES PROVIDED WITH OR AS PART OF THE SOFTWARE WILL BE UNINTERRUPTED SOFTWARE, HARDWARE OR ERRORRELATED SERVICES. SUPPLIER’S LIMITED WARRANTIES DO NOT APPLY TO ANY SERVICES WHICH HAS BEEN MODIFIED OR ALTERED IN ANY MANNER BY ANYONE OTHER THAN SUPPLIER OR ITS AUTHORIZED AGENT. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN OR ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, SUCH WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS ARE LIMITED IN DURATION TO THE WARRANTY PERIOD TO THE EXTENT LEGALLY PERMISSIBLE. Nothing in this Agreement excludes, restricts, or modifies any right or remedy, or any guarantee, representation, warranty, condition or other term, implied or imposed by any applicable law which cannot lawfully be excluded or limited. This may include any consumer law which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, representation, warranty, condition or other term is implied or imposed concerning this Agreement under any consumer law or any other applicable law and cannot be excluded (a “Non-FREEExcludable Provision”), OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTEDand Supplier is able to limit Customer’s remedy for a breach of the Non-Excludable Provision, then the liability of Supplier for breach of the Non-Excludable Provision is limited to one or more of the following, at Supplier’s option: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. The parties agree that it is Customer’s responsibility to determine whether the Services is suitable for Customer’s requirements. No other terms, conditions, representations, warranties or guarantees, whether written or oral, express or implied, will form a part of this Agreement or have any legal effect whatsoever.

Warranties Disclaimer of Warranties. 6.1. Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; and (ii) it has complied, and will in the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement. 6.2. Neo4j represents and warrants to Subscriber that the Software will materially conform to Neo4j’s Documentation for For a period of ninety (90) calendar days from after the date Go-Live Date, Supplier warrants that the Software will operate substantially in accordance with the specifications set forth in the Documentation, provided that the Software is first made available to Subscriber (used on the “Warranty Period”)computer hardware equipment and with third party software programs which meet Supplier’s minimum requirements as set forth in the Order Form(s) or exhibit, as applicable. SubscriberCustomer’s exclusive remedy and Supplier’s sole and exclusive remedy, and Neo4j’s sole and exclusive liability for any breach of this warranty will be, at Neo4j’s sole discretion, shall be for Supplier to either fix use commercially reasonable efforts to modify the Software so that it conforms to the warranty described above. Without limitation, Supplier shall have no liability to Customer or refund any third party arising out of Customer’s failure to back-up the Software and the related data. Supplier hereby represents that it has the authority of each manufacturer or producer of Hardware and Third Party Software which are, if applicable, subject to this Agreement to sell the same to Customer. Customer acknowledges that Supplier is not the manufacturer or producer and therefore makes no warranties, conditions, representations or guarantees, express or implied, concerning Hardware or Third Party Software, as applicable. So far as possible, Supplier hereby assigns to Customer the manufacturer’s and producer’s warranties, if any, applicable Software subscription fees paid by Subscriberto the Hardware and Third Party Software, in each case on condition and Customer hereby accepts such assignment and agrees that Subscriber notifies Neo4j in writing its sole remedies are included thereunder. Supplier makes no representations regarding the validity or enforceability of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty as a result of its use with any third-party hardware, software, such manufacturer’s or services; (ii) is not upgraded to the currently supported version; or (iii) is used other than in accordance with the Documentation or is otherwise used in breach of this Agreement. 6.3producer’s warranty. EXCEPT AS EXPRESSLY SET FORTH ABOVE FOR THE WARRANTIES PROVIDED IN THIS SECTION 6 16 AND TO THE GREATEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) , THE SOFTWARE, THIRD PARTY SOFTWARE AND SERVICES HARDWARE, AS APPLICABLE, ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, AND “WITH ANY AND ALL FAULTS”, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY SUPPLIER DISCLAIMS ALL IMPLIED OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES OR STATUTORY WARRANTIES CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES WARRANTY AND CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THE USE OF REASONABLE SKILL AND CARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUPPLIER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE USE OF REASONABLE SKILL AND CARE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND NON- INFRINGEMENT OF ACCURACY, FREEDOM FROM ERROR OR THAT THE SOFTWARE, THIRD PARTY RIGHTSSOFTWARE, SUPPORT, MAINTENANCE OR HARDWARE WILL MEET ALL OF CUSTOMER’S REQUIREMENTS. NEO4J DOES NOT WARRANT THAT THE OPERATION SUPPLIER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS WITH RESPECT TO ANY THIRD PARTY SOFTWARE OR THIRD PARTY SERVICES PROVIDED WITH OR AS PART OF THE SOFTWARE, HARDWARE OR RELATED SERVICES. SUPPLIER’S LIMITED WARRANTIES DO NOT APPLY TO ANY SOFTWARE WILL BE UNINTERRUPTED WHICH HAS BEEN MODIFIED OR ERRORALTERED IN ANY MANNER BY ANYONE OTHER THAN SUPPLIER OR ITS AUTHORIZED AGENT. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN OR ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, SUCH WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS ARE LIMITED IN DURATION TO THE WARRANTY PERIOD TO THE EXTENT LEGALLY PERMISSIBLE. Nothing in this Agreement excludes, restricts, or modifies any right or remedy, or any guarantee, representation, warranty, condition or other term, implied or imposed by any applicable law which cannot lawfully be excluded or limited. This may include any consumer law which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, representation, warranty, condition or other term is implied or imposed concerning this Agreement under any consumer law or any other applicable law and cannot be excluded (a “Non-FREEExcludable Provision”), OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTEDand Supplier is able to limit Customer’s remedy for a breach of the Non-Excludable Provision, then the liability of Supplier for breach of the Non-Excludable Provision is limited to one or more of the following, at Supplier’s option: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. The parties agree that it is Customer’s responsibility to determine whether the Software is suitable for Customer’s requirements. No other terms, conditions, representations, warranties or guarantees, whether written or oral, express or implied, will form a part of this Agreement or have any legal effect whatsoever.

Warranties Disclaimer of Warranties. 6.1. Each party represents Neo4j warrants that during the applicable Subscription Term, the Software, in the form provided by Neo4j under the Subscription, will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty, Neo4j’s sole obligation, and warrants Subscriber’s exclusive remedy shall be for Neo4j to the other party that: (i) it has correct any failure(s) of the full power and authority Products to enter into this Agreement and to carry out its obligations under this Agreement; and (ii) it has complied, and will perform in all material respects in accordance with the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement. 6.2. Neo4j represents and warrants to Subscriber that the Software will materially conform to Neo4j’s Documentation for a period of ninety (90) calendar days from the date the Software is first made available to Subscriber (the “Warranty Period”). Subscriber’s sole and exclusive remedy, and Neo4j’s sole and exclusive liability for any breach of this warranty will be, at Neo4j’s sole discretion, to either fix the Software or refund the applicable Software subscription fees paid by Subscriber, in each case on condition that Subscriber notifies Neo4j in writing of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty as a result of its use with any third-party hardware, software, or services; (ii) is not upgraded to the currently supported version; or (iii) if Neo4j is used unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, Subscriber may elect to terminate the associated Subscription, and Neo4j will promptly refund to Customer any pre-paid, unused fees paid by Subscriber to Neo4j for such Subscription, without prejudice to Subscriber’s other than rights and remedies under French law subject to the provisions of this Agreement. The warranty set forth in this Section does not apply if the Software or any portion thereof: (a) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Documentation Documentation; or (b) is used on equipment, products, or systems not meeting specifications identified by Neo4j in the Documentation. Additionally, the warranties set forth herein only apply when notice of a warranty claim is provided to Neo4j during the applicable Subscription Term, and do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by Neo4j. 6.2. Except as set forth in Section 6.1, the Software and Support Services are provided “As Is” without warranty of any kind and Neo4j makes no additional warranties, regarding or relating to the Software or Support Services provided to Customer under this Agreement. To the maximum extent permitted under applicable law and except as expressly stated otherwise used in breach of Section 8 below, Neo4j specifically disclaims all other warranties including fitness for a particular purpose and non- infringement with respect to the Software and/or Support Services provided to Subscriber under this Agreement. 6.3. EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 6 AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW: (I) THE SOFTWARE AND SERVICES ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. NEO4J DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.

Warranties Disclaimer of Warranties. 6.1. Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; and (ii) it has complied, and will in the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement. 6.2. Neo4j represents and warrants to Subscriber that the Software will materially conform to Neo4j’s Documentation for a period of ninety (90) calendar days from the date the Software is first made available to Subscriber (the “Warranty Period”). Subscriber’s sole and exclusive remedy, and Neo4j’s sole and exclusive liability for any breach of this warranty will be, at Neo4j’s sole discretion, to either fix the Software or refund the applicable Software subscription fees paid by Subscriber, in each case on condition that Subscriber notifies Neo4j in writing of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty as a result of its use with any third-party hardware, software, or services; or (ii) is not upgraded to the currently supported version; or (iii) is used other than in accordance with the Documentation or is otherwise used in breach of this Agreement. 6.3. EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 6 AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW: (I) THE SOFTWARE AND SERVICES ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. NEO4J DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.

Warranties Disclaimer of Warranties. 6.1. Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; and (ii) it has complied, and will in the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement. 6.2. • Neo4j represents and warrants to Subscriber that the Software will materially conform to Neo4j’s Documentation for a period of ninety (90) calendar days from the date the Software is first made available to Subscriber (the “Warranty Period”). Subscriber’s sole and exclusive remedy, and Neo4j’s sole and exclusive liability for any breach of this warranty will be, at Neo4j’s sole discretion, to either fix the Software or refund the applicable Software subscription fees paid by Subscriber, in each case on condition that Subscriber notifies Neo4j in writing of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty as a result of its use with any third-party hardware, software, or services; (ii) is not upgraded to the currently supported version; or (iii) is used other than in accordance with the Documentation or is otherwise used in breach of this Agreement. 6.3. • EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 6 AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW: (I) THE SOFTWARE AND SERVICES ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON- NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEO4J DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. • Indemnification. Neo4j will defend Subscriber against any claim, demand, suit or proceeding brought against Subscriber by a third-party alleging that Subscriber’s use of the Software or Services infringes on a third party’s intellectual property rights (a “Claim”), and pay any damages, attorney fees and costs finally awarded against Subscriber, or amounts awarded under a settlement against Subscriber and approved by Neo4j in writing, provided Subscriber (a) promptly gives Neo4j written notice of the Claim, (b) gives Neo4j sole control of the defense and settlement of the Claim (except that Neo4j may not settle any Claim unless it unconditionally releases Subscriber of all liability), and (c) gives Neo4j all reasonable assistance, at Neo4j ’s expense. If Neo4j receives information about an infringement claim related to the Software or Services, Neo4j may in its discretion and at no cost to Subscriber (i) modify the Software or Services so that they are no longer claimed to infringe, without breaching Neo4j ’s warranties under Section 6 above, (ii) obtain a license for Subscriber’s continued use of the Software or Services in accordance with this Agreement, or (iii) terminate the Services or Subscriber’s subscriptions for the Software upon thirty (30) days’ written notice and refund Subscriber for any prepaid fees covering the remainder of the term of the terminated Order Form or SOW. The above obligations do not apply if (i) the allegation does not state with specificity that the Software or Services are the basis of the Claim, (ii) a Claim arises from the use or combination of the Software or Services or any part thereof with other technologies, products or services not provided by Neo4j if use of the Software or Services would not infringe without such combination, (iii) the Claim arises from an Order Form or SOW for which there is no charge, (iv) the Claim is based on a modification of the Software or Services by anyone other than Neo4j; or (v) Subscriber is using the Software or Services in breach of this Agreement. This Section 7 states the Neo4j’s sole liability to, and Subscriber’s exclusive remedy against, Neo4j for any type of claim described in this Section 7.

Warranties Disclaimer of Warranties. 6.17.1. Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; and (ii) it has complied, and will in the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement. 6.27.2. Neo4j represents and warrants to Subscriber that the Software will materially conform to Neo4j’s Documentation for a period of ninety (90) calendar days from the date the Software is first made available to Subscriber (the “Warranty Period”). Subscriber’s sole and exclusive remedy, and Neo4j’s sole and exclusive liability for any breach of this warranty will be, at Neo4j’s sole discretion, to either fix the Software or refund the applicable Software subscription fees paid by Subscriber, in each case on condition that Subscriber notifies Neo4j in writing of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty as a result of its use with any third-party hardware, software, or services; or (ii) is not upgraded to the currently supported version; or (iii) is used other than in accordance with the Documentation or is otherwise used in breach of this Agreement. 6.37.3. EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 6 7 AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW: (I) THE SOFTWARE AND SERVICES ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. NEO4J DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.

Warranties Disclaimer of Warranties. 6.1. Each party ScyllaDB represents and warrants that: 6.1.1. it is not bound by or a party to the other any agreement or understanding with any third party that: (i) it has the full power and authority that interferes with or shall interfere with its right to enter into this Agreement and to carry out perform its obligations under this Agreement and license the Software hereunder; 6.1.2. the Software to be provided under this Agreement; , as well as any medium used to provide such Software, to ScyllaDB’s knowledge, will be free of viruses, worms, malware, Trojan horses, time bombs, back or trap doors or any other debilitating or disabling devices or malicious code; 6.1.3. as of the date of delivery of the Software and for a period of 45 days thereafter, the Software will perform (i) materially in accordance with the Documentation provided by ScyllaDB, and (ii) it has complied, and will reasonably in accordance with the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement. 6.2. Neo4j represents and warrants to Subscriber that the Software will materially conform to Neo4jSoftware’s Documentation for a period of ninety intended functionality (90) calendar days from the date the Software is first made available to Subscriber (the “Warranty Period”); 6.1.4. Subscriber’s sole and exclusive remedyany Support shall be performed (i) in accordance with the ScyllaDB Support Policy, and Neo4j’s sole is available at ScyllaDB Support Policy, (ii) by persons with the proper skill, training and exclusive liability background, and (ii) consistent with generally accepted industry standards. 6.2. As a remedy for any breach of the warranties in this warranty will beAgreement, ScyllaDB will, at Neo4j’s sole discretionits own expense correct any such breach, as is practical. In the event that ScyllaDB is unable to either fix correct such breach within a reasonable time (but in no event more than 30 days), Customer shall have the Software or refund the applicable Software subscription fees paid by Subscriber, in each case on condition that Subscriber notifies Neo4j in writing of right to terminate this Agreement (including any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty as a result of its use with any third-party hardware, software, or services; (ii) is not upgraded to the currently supported version; or (iii) is used other than in accordance with the Documentation or is otherwise used in breach of this AgreementOrder Forms). 6.3. Following the lapse of the Warranty Period, any malfunctions or non-conforming defective or non-conforming Software, Documentation or Services shall be governed by ScyllaDB’s Service Policy. 6.4. EXCEPT AS EXPRESSLY OTHERWISE EXPLICITLY SET FORTH ABOVE IN THIS SECTION 6 AND AGREEMENT, YOU AGREE THAT XXXXXXXX HAS MADE NO EXPRESS WARRANTIES TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW: (I) YOU REGARDING THE SOFTWARE AND SERVICES ARE THAT THE SOFTWARE IS BEING PROVIDED TO SUBSCRIBER ON AN YOU “AS IS” BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY . SCYLLADB DISCLAIMS ALL IMPLIED WARRANTIES WITH REGARD TO THE SOFTWARE; EXPRESS OR STATUTORY WARRANTIES INCLUDING IMPLIED; INCLUDING; WITHOUT LIMITATION, THE ; ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON- ; MERCHANTABILITY; MERCHANTABLE QUALITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEO4J DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.

Warranties Disclaimer of Warranties. 6.1. Each party represents and 6.1 ZyLAB warrants to Ordering Activity that all Deliverables provided under a Work Order will perform in substantial accordance with the other party that: (i) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; and (ii) it has complied, and will specifications in the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement. 6.2. Neo4j represents and warrants to Subscriber that the Software will materially conform to Neo4j’s Documentation Work Order for a period of ninety (90) calendar days from the date the Software is first made available of delivery to Subscriber (the “Warranty Period”)Ordering Activity. SubscriberAs Ordering Activity’s sole and exclusive remedy, and Neo4j’s sole and exclusive liability remedy for any breach of this warranty will bethe foregoing warranty, ZyLAB shall, as soon as commercially practicable, at Neo4j’s its sole discretionoption, to either fix the Software or refund the applicable Software subscription fees paid by Subscriber, in each case on condition that Subscriber notifies Neo4j in writing of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails replace the non-conforming Deliverable at its sole cost and expense, with a Deliverable conforming to conform with this warranty as a result of its use with any third-party hardware, software, or servicesthe specifications in the applicable Work Order; (ii) is not upgraded repair or modify the Deliverable at its sole cost and expense so as to make it conforming to the currently supported versionspecifications in the applicable Work Order; or (iii) is used other than if neither (i) nor (ii) are reasonably feasible, as determined by ZyLAB in accordance with its discretion, refund the Documentation or is otherwise used in breach of Fees paid by Ordering Activity for the Deliverable and terminate the applicable Work Order and/or this Agreement. For the avoidance of doubt, the warranty in this Section 6.1 shall only apply where the applicable Work Order expressly provides that a tangible Deliverable will be delivered by ZyLAB to Ordering Activity and shall not apply in the case where the Services performed under the applicable Work Order do not result in a tangible Deliverable being delivered to Ordering Activity (e.g. training services, general consultancy, etc.). 6.3. 6.2 EXCEPT AS EXPRESSLY SET FORTH ABOVE SPECIFICALLY STATED IN THIS SECTION 6 AND 6, ZYLAB MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR RELATING TO ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO ORDERING ACTIVITY UNDER THIS AGREEMENT. ZYLAB DOES NOT WARRANT THAT ANY SOFTWARE OR SERVICES PROVIDED HEREUNDER WILL BE ERROR FREE, WILL PERFORM IN AN UNINTERRUPTED MANNER, IS FREE FROM MINOR DEFECTS OR ERRORS WHICH DO NOT MATERIALLY AFFECT PERFORMANCE OF THE SOFTWARE OR SERVICES OR CONTAINS APPLICATIONS THAT ARE DESIGNED TO MEET ORDERING ACTIVITY’S BUSINESS REQUIREMENTS. TO THE GREATEST EXTENT PERMITTED ALLOWED BY APPLICABLE LAW: (I) THE SOFTWARE AND SERVICES ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY ZYLAB SPECIFICALLY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON- NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEO4J DOES NOT WARRANT , EXCEPT TO THE EXTENT THAT THE OPERATION OF THE SOFTWARE WILL ANY WARRANTIES IMPLIED BY LAW CANNOT BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTEDVALIDLY WAIVED.

Warranties Disclaimer of Warranties. 6.1. Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; and (ii) it has complied, and will in the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement. 6.2. Neo4j represents and warrants to Subscriber that the Software will materially conform to Neo4j’s Documentation for For a period of ninety (90) calendar days from after the date Go-Live Date, Supplier warrants that the Software will operate substantially in accordance with the specifications set forth in the Documentation, provided that the Software is first made available to Subscriber (used on the “Warranty Period”)computer hardware equipment and with third party software programs which meet Supplier’s minimum requirements as set forth in the Order Form(s) or exhibit, as applicable. SubscriberCustomer’s exclusive remedy and Supplier’s sole and exclusive remedy, and Neo4j’s sole and exclusive liability for any breach of this warranty will be, at Neo4j’s sole discretion, shall be for Supplier to either fix use commercially reasonable efforts to modify the Software so that it conforms to the warranty described above. Without limitation, Supplier shall have no liability to Customer or refund any third party arising out of Customer’s failure to back-up the Software and the related data. Supplier hereby represents that it has the authority of each manufacturer or producer of Hardware and Third Party Software which are, if applicable, subject to this Agreement to sell the same to Customer. Customer acknowledges that Supplier is not the manufacturer or producer and therefore makes no warranties, conditions, representations or guarantees, express or implied, concerning Hardware or Third Party Software, as applicable. So far as possible, Supplier hereby assigns to Customer the manufacturer’s and producer’s warranties, if any, applicable Software subscription fees paid by Subscriberto the Hardware and Third Party Software, in each case on condition and Customer hereby accepts such assignment and agrees that Subscriber notifies Neo4j in writing its sole remedies are included thereunder. Supplier makes no representations regarding the validity or enforceability of any alleged breach of this warranty within the Warranty Period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty as a result of its use with any third-party hardware, software, such manufacturer’s or services; (ii) is not upgraded to the currently supported version; or (iii) is used other than in accordance with the Documentation or is otherwise used in breach of this Agreement. 6.3producer’s warranty. EXCEPT AS EXPRESSLY SET FORTH ABOVE FOR THE WARRANTIES PROVIDED IN THIS SECTION 6 18 AND TO THE GREATEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) , THE SOFTWARE, THIRD PARTY SOFTWARE AND SERVICES HARDWARE, AS APPLICABLE, ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, AND “WITH ANY AND ALL FAULTS”, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO4J EXPRESSLY SUPPLIER DISCLAIMS ALL IMPLIED OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES OR STATUTORY WARRANTIES CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES WARRANTY AND CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THE USE OF REASONABLE SKILL AND CARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUPPLIER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE USE OF REASONABLE SKILL AND CARE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND NON- INFRINGEMENT OF ACCURACY, FREEDOM FROM ERROR OR THAT THE SOFTWARE, THIRD PARTY RIGHTSSOFTWARE, SUPPORT, MAINTENANCE OR HARDWARE WILL MEET ALL OF CUSTOMER’S REQUIREMENTS. NEO4J DOES NOT WARRANT THAT THE OPERATION SUPPLIER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS WITH RESPECT TO ANY THIRD PARTY SOFTWARE OR THIRD PARTY SERVICES PROVIDED WITH OR AS PART OF THE SOFTWARE, HARDWARE OR RELATED SERVICES. SUPPLIER’S LIMITED WARRANTIES DO NOT APPLY TO ANY SOFTWARE WILL BE UNINTERRUPTED WHICH HAS BEEN MODIFIED OR ERRORALTERED IN ANY MANNER BY ANYONE OTHER THAN SUPPLIER OR ITS AUTHORIZED AGENT. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN OR ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, SUCH WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS ARE LIMITED IN DURATION TO THE WARRANTY PERIOD TO THE EXTENT LEGALLY PERMISSIBLE. Nothing in this Agreement excludes, restricts, or modifies any right or remedy, or any guarantee, representation, warranty, condition or other term, implied or imposed by any applicable law which cannot lawfully be excluded or limited. This may include any consumer law which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, representation, warranty, condition or other term is implied or imposed concerning this Agreement under any consumer law or any other applicable law and cannot be excluded (a “Non-FREEExcludable Provision”), OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTEDand Supplier is able to limit Customer’s remedy for a breach of the Non-Excludable Provision, then the liability of Supplier for breach of the Non-Excludable Provision is limited to one or more of the following, at Supplier’s option: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. The parties agree that it is Customer’s responsibility to determine whether the Software is suitable for Customer’s requirements. No other terms, conditions, representations, warranties or guarantees, whether written or oral, express or implied, will form a part of this Agreement or have any legal effect whatsoever.