Common use of Warranties Disclaimer of Warranties Clause in Contracts

Warranties Disclaimer of Warranties. BANK’S REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES, AND CUSTOMER’S RIGHTS AND REMEDIES, SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. THE SERVICE IS PROVIDED BY BANK AND ITS LICENSORS ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER HEREBY WAIVES AND RELEASES BANK AND ITS LICENSORS AND THEIR RESPECTIVE OWNERS, OFFICERS, AND EMPLOYEES FROM ALL OTHER REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS, AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SERVICE, DOCUMENTATION, AUTHORIZED EQUIPMENT AND ANY AND ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, PURPOSE OF APPLICATION, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USEAGE OF TRADE; (iii) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (iv) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER BANK NOR ITS LICENSORS WARRANT THAT OPERATION OF THE SERVICE OR THE AUTHORIZED EQUIPMENT WILL BE ERROR-FREE OR UNINTERRUPTED. COMPANY FURTHER ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. COMPANY HEREBY ASSUMES ALL RISKS RELATING TO THE FOREGOING.

Warranties Disclaimer of Warranties. BANK’S REPRESENTATIONS11.1. iSkena warrants to the Customer that the Services will perform materially in accordance with the documentation that accompany or is available for the Services by iSkena. iSkena’s sole liability and the Customer’s exclusive right and remedy for a breach of the foregoing warranty is for iSkena to correct or re-perform the nonconforming Services. 11.2. The Customer warrants that the Customer owns or has obtained all necessary rights, WARRANTIEStitle and interest, OBLIGATIONS and obtained all necessary consents, to transfer the Customer data to the Iskena Platform and its data center provider(s) for the purpose of processing such the Customer data in accordance with this Agreement. 11.3. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, USE OF the ISKENA PLATFORM AND LIABILITIESANY SERVICES PROVIDED BY iSkena INCLUDING BUT NOT LIMITED TO THE APPLICATION SERVICES, ANY PROFESSIONAL SERVICES AND CUSTOMER SUPPORT SERVICES IS AT CUSTOMER’S RIGHTS AND REMEDIES, SET FORTH IN THIS AGREEMENT SOLE RISK. SUCH SERVICES ARE EXCLUSIVE. THE SERVICE IS PROVIDED BY BANK AND ITS LICENSORS ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER HEREBY WAIVES AND RELEASES BANK ISKENA AND ITS SUPPLIERS AND LICENSORS AND THEIR RESPECTIVE OWNERS, OFFICERS, AND EMPLOYEES FROM EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS, AND LIABILITIESKIND, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISEINCLUDING, WITH RESPECT BUT NOT LIMITED TO THE SERVICE, DOCUMENTATION, AUTHORIZED EQUIPMENT IMPLIED INDEMNITIES AND ANY AND ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: (i) ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USEPURPOSE, PURPOSE OF APPLICATIONTITLE, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USEAGE OF TRADE; (iii) ANY WARRANTIES OF TIMELINESS OR AND NON-INFRINGEMENT; . ISKENA DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ITS SERVICES, AND (iv) CUSTOMER RELIES ON SUCH SERVICES AT CUSTOMER’S OWN RISK. NEITHER DOES iSkena GUARANTEE THE ACCURACY, USABILITY, COMPLETENESS, OR USEFULNESS OF ANY OTHER WARRANTY WITH RESPECT TO QUALITYCUSTOM REPORT, ACCURACY AND CUSTOMER USES CUSTOM REPORTING FEATURES AT CUSTOMER’S OWN RISK. ANY MATERIAL THAT CUSTOMER ACCESSES OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGOBTAINS THROUGH ISKENA’S SERVICES, NEITHER BANK NOR ITS LICENSORS WARRANT THAT OPERATION OF THE SERVICE OR THE AUTHORIZED EQUIPMENT INCLUDING CUSTOMER CONTENT, IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND CUSTOMER WILL BE ERROR-FREE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER OR UNINTERRUPTEDLOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH ISKENA’S SERVICES. COMPANY FURTHER ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITYNO ADVICE OR INFORMATION, CORRUPTIONWHETHER ORAL OR WRITTEN, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS OBTAINED BY CUSTOMER FROM ISKENA OR THROUGH OR FROM THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. COMPANY HEREBY ASSUMES ALL RISKS RELATING TO THE FOREGOINGSERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Warranties Disclaimer of Warranties. BANK’S REPRESENTATIONSUSER HEREBY REPRESENTS AND WARRANTS THAT (I) HE/SHE IS NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, WARRANTIESOR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND (II) HE/SHE IS NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES. IF USER IS AN INDIVIDUAL ACTING OR DEALING AS A CONSUMER, OBLIGATIONS AND LIABILITIESUSER MAY HAVE CERTAIN STATUTORY RIGHTS WHICH MAY NOT BE WAIVED, AND CUSTOMER’S SUCH STATUTORY RIGHTS AND REMEDIESARE NOT AFFECTED BY THE FOLLOWING. UPS MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE UPS WECHAT APPLICATION, SET FORTH IN THIS AGREEMENT ARE EXCLUSIVETHE UPS SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE SERVICE USE OF SAME IS AT YOUR OWN RISK. THE UPS WECHAT APPLICATION, THE UPS SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED BY BANK AND ITS LICENSORS ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER HEREBY WAIVES AND RELEASES BANK UPS, ITS LICENSORS, AND ITS LICENSORS AND THEIR RESPECTIVE OWNERSSUPPLIERS, OFFICERSTO THE FULLEST EXTENT PERMITTED BY LAW, AND EMPLOYEES FROM DISCLAIM ALL OTHER REPRESENTATIONSWARRANTIES, WARRANTIES OF ANY NATURE, OBLIGATIONS, AND LIABILITIES, WHETHER EITHER EXPRESS OR IMPLIED, ARISING BY LAW STATUTORY OR OTHERWISE, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE SERVICE, DOCUMENTATION, AUTHORIZED EQUIPMENT AND ANY AND ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: (i) ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. UPS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE UPS WECHAT APPLICATION OR THE UPS SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE UPS WECHAT APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY UPS IN THESE TERMS OF USE. USER AGREES AND ACKNOWLEDGES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THIS TERMS OF USE ARE FAIR AND REASONABLE. OTHER THAN AS PERMITTED BY APPLICABLE LAWS, PURPOSE OF APPLICATIONUPS DOES NOT EXCLUDE, LIMIT, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USEAGE OF TRADE; (iii) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (iv) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER BANK NOR ITS LICENSORS WARRANT THAT OPERATION OF THE SERVICE OR THE AUTHORIZED EQUIPMENT WILL BE ERROR-FREE OR UNINTERRUPTED. COMPANY FURTHER ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUSPEND SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. COMPANY HEREBY ASSUMES ALL RISKS RELATING TO THE FOREGOINGLEGAL RIGHTS WHICH USER MAY HAVE.

Warranties Disclaimer of Warranties. BANK’S REPRESENTATIONS5.1 Lessor warrants that (a) so long as no Event of Default has occurred and is continuing hereunder, WARRANTIES(i) Lessee shall have the right of quiet and peaceful use, OBLIGATIONS possession and enjoyment of the Equipment, subject to and in accordance with the provisions of this Master Lease, and (ii) notwithstanding 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 (b) as of the Installation Date, Lessor shall have title to the Equipment or the right to lease the Equipment to Lessee. 5.2 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 SUITABILITY 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 LIABILITIESSPECIFICATIONS OF ANY PURCHASE ORDER OR ORDERS RELATING THERETO, AND CUSTOMER’S RIGHTS AND REMEDIESLESSOR EXPRESSLY DISCLAIMS THE SAME, SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. AND, AS TO LESSOR, LESSEE LEASES THE SERVICE IS PROVIDED BY BANK AND ITS LICENSORS ON AN EQUIPMENT “AS IS” AND “AS AVAILABLE” BASISLESSOR 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. CUSTOMER HEREBY WAIVES AND RELEASES BANK AND ITS LICENSORS AND THEIR RESPECTIVE OWNERSUNDER NO CIRCUMSTANCE SHALL LESSOR BE LIABLE TO LESSEE FOR ANY CONSEQUENTIAL, OFFICERSINCIDENTAL, AND EMPLOYEES FROM ALL OTHER REPRESENTATIONS, WARRANTIES PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE, OBLIGATIONS, AND LIABILITIESNATURE OR KIND HOWEVER ARISING, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SERVICE, DOCUMENTATION, AUTHORIZED EQUIPMENT AND ANY AND ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENTAGREEMENT OR OTHERWISE, INCLUDING WITHOUT LIMITATION: REGARDLESS OF LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES OR LOSSES RESULTING FROM BUSINESS INTERRUPTION OR FOR LOST PROFITS. LESSOR’S LIABILITY TO LESSEE FOR ANY REASON SHALL IN NO EVENT EXCEED RETURN OF AMOUNTS PAID TO LESSOR BY LESSEE. Notwithstanding the foregoing, provided no Event of Default shall have occurred or be continuing hereunder, during the Term of any Schedule Lessee shall be entitled to the benefit of any applicable manufacturer’s warranties and such warranties are hereby assigned by Lessor to Lessee for the benefit of Lessee, to the extent assignable. As to new Equipment, Lessee acknowledges that Lessee ordered the Equipment from the supplier thereof, and either (a) Lessee received a copy of the contract by which Lessor acquired the Equipment or (b) Lessor has informed Lessee in writing, either previously or by this Master Lease of (i) ANY IMPLIED WARRANTY OF MERCHANTABILITYthe identity of the supplier, FITNESS FOR A PARTICULAR USE, PURPOSE OF APPLICATION, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCEthat Lessee may have rights under said contract and may be entitled, COURSE OF DEALINGunder the version of Uniform Commercial Code Article 2A (“UCC 2A”) as in effect in the state specified in Section 29, OR USEAGE OF TRADE; to the benefit of warranties provided to Lessor by said supplier, and (iii) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (iv) ANY OTHER WARRANTY WITH RESPECT TO QUALITYthat 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 acknowledgement so that each such Schedule shall qualify as and be a “finance lease” under UCC 2A. To the fullest extent permitted by applicable law, ACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER BANK NOR ITS LICENSORS WARRANT THAT OPERATION OF THE SERVICE OR THE AUTHORIZED EQUIPMENT WILL BE ERROR-FREE OR UNINTERRUPTED. COMPANY FURTHER ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. COMPANY HEREBY ASSUMES ALL RISKS RELATING TO THE FOREGOINGLessee hereby waives all rights and remedies against Lessor conferred upon a lessee by Article 2A of the UCC.

Warranties Disclaimer of Warranties. BANK’S REPRESENTATIONS(a) Envestnet warrants that for a period of ninety (90) days from the Launch Date (the “Warranty Period”), WARRANTIESthe Customized Envestnet Platform will comply in all material respects to the Specifications and will perform in accordance with the performance specifications and service levels set forth in Exhibit F. If, OBLIGATIONS AND LIABILITIESduring the Warranty Period, AND CUSTOMER’S RIGHTS AND REMEDIESthe Customized Envestnet Platform fails to perform as warranted above, National shall notify Envestnet of such failure and Envestnet shall, at no charge to National, 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 not remedied within fifteen (15) days of National’s notification to Envestnet of such failure, National may terminate this Agreement by providing written notice of such termination to Envestnet. (b) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. THE SERVICE IS PROVIDED BY BANK AND ITS LICENSORS ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER HEREBY WAIVES AND RELEASES BANK AND ITS LICENSORS AND THEIR RESPECTIVE OWNERSAGREEMENT, OFFICERSENVESTNET MAKES NO REPRESENTATIONS OR WARRANTIES, AND EMPLOYEES FROM ALL OTHER REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS, AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT AS TO THE SERVICEENVESTNET TECHNOLOGY, DOCUMENTATIONINCLUDING, AUTHORIZED EQUIPMENT AND ANY AND ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENTBUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEPURPOSE. NATIONAL 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, PURPOSE NOTWITHSTANDING ANY PROVISION HEREOF, ENVESTNET DOES NOT WARRANT THAT THE OPERATION OF APPLICATIONTHE ENVESTNET TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR FREE. (c) NATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii) IMPLIED, AS TO THE NATIONAL TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCEMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ENVESTNET HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY NATIONAL EXCEPT IF AND TO THE EXTENT SPECIFICALLY SET FORTH IN THIS AGREEMENT. IN ADDITION, COURSE OF DEALINGAND NOTWITHSTANDING ANY PROVISION HEREOF, OR USEAGE OF TRADE; (iii) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (iv) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER BANK NOR ITS LICENSORS NATIONAL DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE OR THE AUTHORIZED EQUIPMENT NATIONAL TECHNOLOGY WILL BE ERROR-FREE UNINTERRUPTED OR UNINTERRUPTEDERROR FREE. COMPANY FURTHER ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. COMPANY HEREBY ASSUMES ALL RISKS RELATING NOTWITHSTANDING ANYTHING HEREIN TO THE FOREGOINGCONTRARY, ENVESTNET SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY FAILURE OF THE NATIONAL 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 NATIONAL OR AN ADVISOR.

Warranties Disclaimer of Warranties. BANK’S REPRESENTATIONSThe Manager represents and warrants to the Licensees, WARRANTIESas of the date hereof, OBLIGATIONS AND LIABILITIESthat: (a) to the knowledge of the Manager, AND CUSTOMER’S RIGHTS AND REMEDIESthe Manager has the right to grant to the Licensees the license to the Licensed Intellectual Property pursuant hereto and the Licensed Intellectual Property is free of all liens or encumbrances, SET FORTH IN THIS AGREEMENT ARE EXCLUSIVEor third party claims that would prevent the Licensees’ permitted use thereof as set forth herein; and (b) to the knowledge of the Manager, the Licensed Intellectual Property does not infringe or misappropriate a third party’s Intellectual Property Rights. EXCEPT AS PROVIDED ABOVE, THE SERVICE LICENSED INTELLECTUAL PROPERTY, INCLUDING IF APPLICABLE ANY IMPROVEMENTS HEREAFTER DEVELOPED OR OTHERWISE CREATED BY THE MANAGER, IS PROVIDED BY BANK AND ITS LICENSORS ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER HEREBY WAIVES AND RELEASES BANK AND ITS LICENSORS AND THEIR RESPECTIVE OWNERS, OFFICERS”, AND EMPLOYEES FROM ALL OTHER CONDITIONS, REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS, AND LIABILITIESWARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, ARISING BY LAW OR OTHERWISEINCLUDING, WITH RESPECT TO THE SERVICE, DOCUMENTATION, AUTHORIZED EQUIPMENT AND ANY AND ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: (i) , ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USEPURPOSE (EVEN IF INFORMED OF SUCH PURPOSE), PURPOSE OF APPLICATIONVALIDITY, NON-INFRINGEMENT, TITLE, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, A COURSE OF DEALING, USAGE, OR USEAGE OF TRADE; (iii) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (iv) ANY OTHER WARRANTY WITH RESPECT TO QUALITYTRADE PRACTICE, ACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER BANK NOR ITS LICENSORS WARRANT THAT OPERATION OF THE SERVICE OR THE AUTHORIZED EQUIPMENT WILL BE ERROR-FREE OR UNINTERRUPTED. COMPANY FURTHER ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. COMPANY HEREBY ASSUMES ALL RISKS RELATING EXCLUDED EXCEPT TO THE FOREGOINGEXTENT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAW. NO REPRESENTATION OR WARRANTY IS MADE REGARDING THE RESULTS OF ANY LICENSED INTELLECTUAL PROPERTY, INCLUDING IF APPLICABLE ANY IMPROVEMENTS HEREAFTER DEVELOPED OR OTHERWISE CREATED BY THE MANAGER, OR THAT THE LICENSED INTELLECTUAL PROPERTY, INCLUDING IF APPLICABLE ANY IMPROVEMENTS HEREAFTER DEVELOPED OR OTHERWISE CREATED BY THE MANAGER, SHALL MEET THE LICENSEES’ REQUIREMENTS.