Common use of Warranties Disclaimer Clause in Contracts

Warranties Disclaimer. MariaDB represents and warrants that it has the necessary experience, knowledge, skill and resources to carry out its obligations under this Agreement in a professional manner, consistent with prevailing industry standards and practices. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 6 AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SERVICES, PRODUCTS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED HERETO INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SYSTEM INTEGRATION, AND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARIADB DOES NOT WARRANT RESULTS OR THAT ANY SOFTWARE, SUBSCRIPTION SERVICES OR WORK PRODUCT WILL BE FREE FROM ERRORS, DEFECTS OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY AND ALL CUSTOMER’S DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SYSTEMS.

Warranties Disclaimer. MariaDB FireMon hereby warrants and represents and warrants that it that: (A) FireMon owns or otherwise has the necessary experienceright to license the Software; and (B) for a period of sixty (60) days following the delivery date to Ordering Activity (the “Warranty Period”): (i) the operation of the Software shall be free from defects in material and workmanship under normal use and materially perform in accordance with the Documentation; and (ii) the Software as delivered by FireMon shall not contain any type of software routine or other element which is intentionally designed to permit unauthorized (a) access to or intrusion upon, knowledge(b) disabling of, skill or (c) erasure of any hardware, software, data or peripheral equipment. The foregoing warranties shall not apply to the extent the Software has been modified without the prior written approval of FireMon or non-conformities in the Software are caused by third party products or services. FireMon’s sole obligation under Section 4(B) shall be to use commercially reasonable efforts to remedy material defects in the Software identified by Ordering Activity in writing during the Warranty Period. In the event FireMon fails to remedy such material defects, Ordering Activity’s sole and resources exclusive remedy (and FireMon’s sole and exclusive liability) shall be to carry out its obligations under this Agreement in receive a professional mannerrefund of any fees paid for the portion of the Software, consistent with prevailing industry standards and practicesif any, which does not materially conform to the Documentation. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 6 THE FOREGOING WARRANTIES ARE LIMITED WARRANTIES AND TO ARE THE EXTENT PERMITTED ONLY WARRANTIES MADE BY APPLICABLE LAWFIREMON. WITH THE EXCEPTION OF THE FOREGOING WARRANTIES, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SERVICES, PRODUCTS, OR OTHER THE SOFTWARE AND SUPPORT SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS.” AND “AS AVAILABLE” BASIS. MARIADB FIREMON EXPRESSLY DISCLAIMS, AND CUSTOMER EXPRESSLY WAIVES, DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, RELATED HERETO INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SYSTEM INTEGRATIONQUIET ENJOYMENT, AND ACCURACY WARRANTIES ARISING OUT OF INFORMATIONAL CONTENTCOURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARIADB FIREMON DOES NOT WARRANT RESULTS AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS THAT THE SOFTWARE OR SUPPORT SERVICES WILL MEET ORDERING ACTIVITY’S REQUIREMENTS OR THAT ANY THE OPERATION OF THE SOFTWARE AND/OR ITS USE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE, SUBSCRIPTION SERVICES OR WORK PRODUCT IF ANY, WILL BE FREE FROM ERRORS, DEFECTS OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY AND ALL CUSTOMER’S DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SYSTEMSCORRECTED.

Warranties Disclaimer. MariaDB ServiceTitan warrants that the Service will, during the term of your subscription, materially conform to any description of the Service published by ServiceTitan. As ServiceTitan’s sole and exclusive liability for breach of this limited warranty, and your sole and exclusive remedy, ServiceTitan will make reasonable efforts to correct the non-conformity. Subscriber represents and warrants that: (a) Subscriber will not upload any information to the Service unless Subscriber has all permissions or licenses necessary to do so and to authorize ServiceTitan’s use of that it has information in accordance with this Agreement; and (b) Subscriber’s use of the necessary experienceService will not subject ServiceTitan to any liability or cause ServiceTitan to violate any law, knowledgerule, skill and resources to carry out its obligations under this Agreement in a professional manner, consistent with prevailing industry standards and practicesor regulation or guideline. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 6 AND TO THE EXTENT PERMITTED BY APPLICABLE LAWIMMEDIATELY PRECEDING PARAGRAPH, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SERVICES, PRODUCTS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH ARE THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARIADB BASIS AND SERVICETITAN EXPRESSLY DISCLAIMSDISCLAIMS ALL WARRANTIES OF ANY KIND, AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATED HERETO INCLUDING WITHOUT LIMITATIONINCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SYSTEM INTEGRATIONAND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND ACCURACY OF INFORMATIONAL CONTENTYOU RELY ON THE SERVICE AT YOUR OWN RISK. WITHOUT LIMITING ANY MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE GENERALITY USE OF THE FOREGOING, MARIADB DOES NOT WARRANT RESULTS OR THAT ANY SOFTWARE, SUBSCRIPTION SERVICES OR WORK PRODUCT SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE FREE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM ERRORS, DEFECTS OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICETITAN OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND ALL CUSTOMER’S DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND YOU MAY HAVE OTHER SYSTEMSRIGHTS THAT VARY FROM STATE TO STATE.

Warranties Disclaimer. MariaDB represents and Carbon Black warrants that for the Initial Term (“Warranty Period”), Carbon Black Threat Intel will conform in all material respects to the applicable specifications. If Carbon Black Threat Intel does not meet Carbon Black’s warranty during the Warranty Period, Carbon Black will (at its option), as Your remedy, (a) repair or modify Carbon Black Threat Intel so it has will comply with the necessary experienceapplicable warranty, knowledgeor (b) refund the Fee for Carbon Black Threat Intel on a pro rata basis within thirty (30) calendar days of the termination of the respective subscription license. Carbon Black warranties are for Your benefit only and are void if Carbon Black Threat Intel is used in violation of the applicable Documentation or Carbon Black’s instructions. Notwithstanding any other provision of this Agreement, skill and resources to carry out its obligations under this Agreement in a professional manner, consistent with prevailing industry standards and practices. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 6 AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SERVICES, PRODUCTS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH ARE PROVIDED ON AN the information provided by Carbon Black Threat Intel is provided on an “AS AS-IS” basis only. THE FOREGOING WARRANTIES ARE IN LIEU OF AND “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND CUSTOMER EXPRESSLY WAIVES, EXCLUDE ALL OTHER EXPRESS AND IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING BUT NOT LIMITED TO, RELATED HERETO INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTERROR FREE OPERATION OR NON-INTRUSION DUE TO HACKING OR OTHER SIMILAR MEANS OF UNAUTHORIZED ACCESS. IN ADDITION, TITLECARBON BLACK THREAT INTEL MAY BE SUBJECT TO LIMITATIONS, SYSTEM INTEGRATIONDELAYS, AND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING OTHER PROBLEMS INHERENT IN THE GENERALITY USE OF THE FOREGOINGINTERNET AND ELECTRONIC COMMUNICATIONS. CARBON BLACK IS NOT RESPONSIBLE FOR ANY DELAYS, MARIADB DOES DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. FURTHER, NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT WARRANT RESULTS LIMITED TO STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR THAT PERFORMANCE OF ANY SOFTWAREPRODUCTS OR SERVICES PROVIDED BY CARBON BLACK, SUBSCRIPTION SERVICES OR WORK PRODUCT ANY INFORMATION, CONTENT, OR DATA CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, CARBON BLACK THREAT INTEL, WHETHER MADE BY CARBON BLACK EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, WILL BE FREE DEEMED TO BE A WARRANTY BY CARBON BLACK FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF CARBON BLACK WHATSOEVER. THE FOREGOING EXCLUSION/LIMITATION OF LIABILITY SHALL NOT APPLY TO (1) PERSONAL INJURY OR DEATH RESULTING FROM ERRORS, DEFECTS CARBON BLACK’S NEGLIGENCE; (2) FOR FRAUD; OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF (3) FOR ANY AND ALL CUSTOMER’S DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SYSTEMSMATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW.

Warranties Disclaimer. MariaDB represents and DataTurk warrants that it has the Service will, during the term of your subscription, materially conform to any description of the Service published by DataTurk. As DataTurk’s sole and exclusive liability for breach of this limited warranty, and your sole and exclusive remedy, DataTurk will make reasonable efforts to correct the non-conformity. You represent and warrant that: (a) you will not upload or request that DataTurk import any information to the Service unless you have all permissions or licenses necessary experienceto do so and to authorize DataTurk’s use of that information in accordance with this Agreement; and (b) your use of the Service will not subject DataTurk to any liability or cause DataTurk to violate any law, knowledgerule, skill and resources to carry out its obligations under this Agreement in a professional manner, consistent with prevailing industry standards and practicesor regulation or guideline. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 6 THE SERVICE AND TO ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE EXTENT PERMITTED BY APPLICABLE LAW, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SERVICES, PRODUCTS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH SERVICE ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMSDATATURK DISCLAIMS ALL WARRANTIES OF ANY KIND, AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATED HERETO INCLUDING WITHOUT LIMITATIONRELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SYSTEM INTEGRATIONQUIET ENJOYMENT, OR NON-INFRINGEMENT; AND ACCURACY (B) ANY WARRANTY ARISING OUT OF INFORMATIONAL CONTENTCOURSE OF DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARIADB DATATURK DOES NOT WARRANT RESULTS THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DATATURK DOES NOT WARRANT THAT ANY SOFTWARE, SUBSCRIPTION SERVICES OR WORK PRODUCT OF THOSE ISSUES WILL BE FREE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ERRORSTHE SERVICE OR DATATURK OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING DATATURK OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, DEFECTS AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF ANY AND ALL CUSTOMER’S DATA, DATABASESINCLUDING USER CONTENT. THE LIMITATIONS, FILES, UTILITIES, SOFTWARE EXCLUSIONS AND OTHER SYSTEMSDISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. DataTurk does not disclaim any warranty or other right that DataTurk is prohibited from disclaiming under applicable law.

Warranties Disclaimer. MariaDB represents and ServiceTitan warrants that it has the Service will, during the term of your subscription, materially conform to any description of the Service published by ServiceTitan. As ServiceTitan’s sole and exclusive liability for breach of this limited warranty, and your sole and exclusive remedy, ServiceTitan will make reasonable efforts to correct the non-conformity. You represent and warrant that: (a) you will not upload or request that ServiceTitan import any information to the Service unless you have all permissions or licenses necessary experienceto do so and to authorize ServiceTitan’s use of that information in accordance with this Agreement; and (b) your use of the Service will not subject ServiceTitan to any liability or cause ServiceTitan to violate any law, knowledgerule, skill and resources to carry out its obligations under this Agreement in a professional manner, consistent with prevailing industry standards and practicesor regulation or guideline. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 6 THE SERVICE AND TO ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE EXTENT PERMITTED BY APPLICABLE LAW, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SERVICES, PRODUCTS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH SERVICE ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMSSERVICETITAN DISCLAIMS ALL WARRANTIES OF ANY KIND, AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATED HERETO INCLUDING WITHOUT LIMITATIONRELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SYSTEM INTEGRATIONQUIET ENJOYMENT, OR NON-INFRINGEMENT; AND ACCURACY (B) ANY WARRANTY ARISING OUT OF INFORMATIONAL CONTENTCOURSE OF DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARIADB SERVICETITAN DOES NOT WARRANT RESULTS THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SERVICETITAN DOES NOT WARRANT THAT ANY SOFTWARE, SUBSCRIPTION SERVICES OR WORK PRODUCT OF THOSE ISSUES WILL BE FREE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ERRORSTHE SERVICE OR SERVICETITAN ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SERVICETITAN ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, DEFECTS AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF ANY AND ALL CUSTOMER’S DATA, DATABASESINCLUDING USER CONTENT. THE LIMITATIONS, FILES, UTILITIES, SOFTWARE EXCLUSIONS AND OTHER SYSTEMSDISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. ServiceTitan does not disclaim any warranty or other right that ServiceTitan is prohibited from disclaiming under applicable law.

Warranties Disclaimer. MariaDB Company represents and warrants that it has the necessary experience, knowledge, skill and resources to carry out its obligations under this Agreement in a professional mannerwill, consistent with prevailing industry standards standards, perform the Services in a professional and practicesworkmanlike manner and the Services shall conform in all material respects with documentation. For material breach of the foregoing express warranty, Brand’s exclusive remedy shall be the re-performance of the deficient Services. Brand represents and warrants that the pricing provided by Brand for its products and services listed on the Dutchie Platform, whether electronically or otherwise, are complete and accurate. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 6 AND TO HEREIN, THE EXTENT PERMITTED BY APPLICABLE LAW, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SERVICES, PRODUCTS, OR OTHER SERVICES PROVIDED DELIVERED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH AND ANY INFORMATION SUPPLIED THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED HERETO INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SYSTEM INTEGRATION, AND ACCURACY OF INFORMATIONAL CONTENT. ANY KIND; WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARIADB : I) COMPANY DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER; II) COMPANY DOES NOT GUARANTEE OR WARRANT RESULTS CORRECTNESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES OR INFORMATION PROVIDED HEREUNDER, OR THAT THE PRICING FOR ANY SOFTWAREPRODUCT LISTED ON THE DUTCHIE PLATFORM REFLECTS THE ACTUAL PRICE FOR SUCH PRODUCT; AND III) COMPANY DISCLAIMS ALL WARRANTIES RELATED TO THIRD PARTY PAYMENT PROCESSORS AND ANY DISCREPANCIES, SUBSCRIPTION SERVICES MISTAKES, OR WORK PRODUCT WILL BE FREE FROM ERRORS, DEFECTS OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY AND ALL CUSTOMER’S DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SYSTEMSINACCURACIES CAUSED BY THIRD PARTY PAYMENT PROCESSORS.

Warranties Disclaimer. MariaDB represents and Inspected warrants that it has the Service will, during the term of your subscription, materially conform to any description of the Service published by Inspected. As Inspected’s sole and exclusive liability for breach of this limited warranty, and your sole and exclusive remedy, Inspected will make reasonable efforts to correct the non-conformity. You represent and warrant that: (a) You will not upload any information to the Service unless you have all permissions or licenses necessary experienceto do so and to authorize Inspected’s use of that information in accordance with this Agreement; and (b) your use of the Service will not subject Inspected to any liability or cause Inspected to violate any law, knowledgerule, skill and resources to carry out its obligations under this Agreement in a professional manner, consistent with prevailing industry standards and practicesor regulation or guideline. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 6 AND TO THE EXTENT PERMITTED BY APPLICABLE LAWIMMEDIATELY PRECEDING PARAGRAPH, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SERVICES, PRODUCTS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH ARE THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARIADB BASIS AND INSPECTED EXPRESSLY DISCLAIMSDISCLAIMS ALL WARRANTIES OF ANY KIND, AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATED HERETO INCLUDING WITHOUT LIMITATIONINCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SYSTEM INTEGRATIONAND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND ACCURACY OF INFORMATIONAL CONTENTYOU RELY ON THE SERVICE AT YOUR OWN RISK. WITHOUT LIMITING ANY MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE GENERALITY USE OF THE FOREGOING, MARIADB DOES NOT WARRANT RESULTS OR THAT ANY SOFTWARE, SUBSCRIPTION SERVICES OR WORK PRODUCT SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE FREE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM ERRORS, DEFECTS OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSPECTED OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND ALL CUSTOMER’S DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND YOU MAY HAVE OTHER SYSTEMSRIGHTS THAT VARY FROM STATE TO STATE.

Warranties Disclaimer. MariaDB represents and warrants that it has Specific warranties applicable to each Service, to the necessary experienceextent given, knowledge, skill and resources to carry out its obligations under this Agreement in a professional manner, consistent with prevailing industry standards and practiceswill apply only during the applicable Service Term. EXCEPT AS EXPRESSLY FOR THE EXPRESS WARRANTIES SET FORTH IN THIS ARTICLE 6 AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SERVICES, PRODUCTS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH THE SERVICES ARE PROVIDED EXCLUSIVELY ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND CUSTOMER EXPRESSLY WAIVES, XXXXXX DISCLAIMS ANY AND ALL OTHER WARRANTIESEXPRESS, EXPRESS OR IMPLIEDIMPLIED AND STATUTORY WARRANTIES WITH RESPECT TO THE SERVICES, RELATED HERETO INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTNONINFRINGEMENT AND TITLE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, TITLE, SYSTEM INTEGRATION, AND ACCURACY OF INFORMATIONAL CONTENTUSAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARIADB XXXXXX DOES NOT WARRANT RESULTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. XXXXXX AND CUSTOMER ACKNOWLEDGE THAT THE SERVICES ARE NOT AND CANNOT BE MADE TO BE 100% ACCURATE, AND THAT ANY SOFTWARE, SUBSCRIPTION ERRORS OR FAILURE TO PERFORM SHALL NOT BE DEEMED A BREACH OF ANY APPLICABLE SPECIFIC WARRANTY UNLESS THEY ARE SIGNIFICANT AND NOT TO BE EXPECTED IN LIGHT OF THE LIMITATIONS OF SERVICES OF THIS TYPE. XXXXXX DOES NOT WARRANT OR WORK PRODUCT WILL BE FREE GUARANTEE ANY SPECIFIC RESULTS FROM ERRORS, DEFECTS OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT OR ITS CUSTOMER USERS’ USE OF THE SERVICES. AS BETWEEN THE PARTIES, CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY AND ALL CUSTOMER’S DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SYSTEMSCUSTOMER DATA PROVIDED BY CUSTOMER IN CONNECTION WITH THE SERVICES.

Warranties Disclaimer. MariaDB represents and ServiceTitan warrants that it has the Service will, during the term of your subscription, materially conform to any description of the Service published by ServiceTitan. As ServiceTitan’s sole and exclusive liability for breach of this limited warranty, and your sole and exclusive remedy, ServiceTitan will make reasonable efforts to correct the non-conformity. You represent and warrant that: (a) you will not upload or request that ServiceTitan import any information to the Service unless you have all permissions or licenses necessary experienceto do so and to authorize ServiceTitan’s use of that information in accordance with this Agreement; and (b) your use of the Service will not subject ServiceTitan to any liability or cause ServiceTitan to violate any law, knowledgerule, skill and resources to carry out its obligations under this Agreement in a professional manner, consistent with prevailing industry standards and practicesor regulation or guideline. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 6 THE SERVICE AND TO ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE EXTENT PERMITTED BY APPLICABLE LAW, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SERVICES, PRODUCTS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH SERVICE ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMSSERVICETITAN DISCLAIMS ALL WARRANTIES OF ANY KIND, AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATED HERETO INCLUDING WITHOUT LIMITATIONRELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SYSTEM INTEGRATIONQUIET ENJOYMENT, OR NON- INFRINGEMENT; AND ACCURACY (B) ANY WARRANTY ARISING OUT OF INFORMATIONAL CONTENTCOURSE OF DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARIADB SERVICETITAN DOES NOT WARRANT RESULTS THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SERVICETITAN DOES NOT WARRANT THAT ANY SOFTWARE, SUBSCRIPTION SERVICES OR WORK PRODUCT OF THOSE ISSUES WILL BE FREE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ERRORSTHE SERVICE OR SERVICETITAN ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SERVICETITAN ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, DEFECTS AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF ANY AND ALL CUSTOMER’S DATA, DATABASESINCLUDING USER CONTENT. THE LIMITATIONS, FILES, UTILITIES, SOFTWARE EXCLUSIONS AND OTHER SYSTEMSDISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. ServiceTitan does not disclaim any warranty or other right that ServiceTitan is prohibited from disclaiming under applicable law.

Warranties Disclaimer. MariaDB represents Lessor warrants to Lessee that the Equipment, when delivered, will be in good condition and warrants that it has repair, and, subject to Section 4, comply with all applicable regulations. Lessee acknowledges and agrees that, with the necessary experienceexception of the foregoing warranties, knowledgeLESSOR DOES NOT MAKE, skill and resources to carry out its obligations under this Agreement in a professional mannerHAS NOT MADE, consistent with prevailing industry standards and practices. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 6 AND NOR SHALL BE DEEMED TO THE EXTENT PERMITTED BY APPLICABLE LAWMAKE OR HAVE MADE ANY OTHER WARRANTIES OR REPRESENTATIONS, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SERVICES, PRODUCTS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATED HERETO WRITTEN OR ORAL, RELATING TO ANY OF THE MATTERS CONTAINED IN THE AGREEMENT OR THE MASTER LEASE AGREEMENT, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITYTHE EQUIPMENT LEASED HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OR MATERIALS OR WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENTUSE OR OPERATIONS, SAFETY, PATENT, TRADEMARK OR ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, SYSTEM INTEGRATIONCOPYRIGHT OR OTHERWISE. All such risks, AND ACCURACY OF INFORMATIONAL CONTENTas between Lessor and Lessee, are to be borne by Lessee. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGWithout limiting the foregoing, MARIADB DOES NOT WARRANT RESULTS OR THAT ANY SOFTWARELessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following, SUBSCRIPTION SERVICES OR WORK PRODUCT WILL BE FREE FROM ERRORSregardless of any negligence of Lessor (i) any liability, DEFECTS OR BUGSloss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) therein, or any other circumstance in connection therewith; (ii) the use, operation or performance of any Equipment or any risks relating thereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY AND ALL CUSTOMER’S DATAIf, DATABASESand so long as, FILESno Event of Default exists under this Agreement, UTILITIESLessee shall be, SOFTWARE AND OTHER SYSTEMSand hereby is, authorized during the Lease Term to assert and enforce, at Lessee’s sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any supplier of the Equipment.

Warranties Disclaimer. MariaDB represents and warrants that it has the necessary experience, knowledge, skill and resources to carry out its obligations under this Agreement in a professional manner, consistent with prevailing industry standards and practices. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 6 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARIADB RCS HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PAYMENT SERVICES, THE SITE, THE SERVICES AND PRODUCTS PROVIDED HEREUNDER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, QUALITY, ACCURACY, FITNESS FOR USE FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. THE PAYMENT SERVICES ARE PROVIDED TO YOU ON AN AS-IS, WHERE IS BASIS, AND YOUR USE OF THE PAYMENT SERVICES AND THE SITE IS AT YOUR OWN RISK. RCS MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE PAYMENT SERVICES OR THE SITE (I) WILL BE UNINTERRUPTED OR ERROR FREE, (II) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS OR (III) IS COMPLETELY SECURE. YOU ACKNOWLEDGE THAT TECHNICAL PROBLEMS MAY DELAY, INTERUPT, OR PREVENT THE USE OF THE SITE OR THE PAYMENT SERVICES. RCS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH RESPECT TO ANY THIRD PARTY PRODUCTS USED AS PART OF THE PAYMENT SERVICES. RCS DOES NOT GUARANTEE THE PAYMENT OR TIMING OF PAYMENTS OF ANY CLAIMS OR MATTERS SUBMITTED THROUGH THE PAYMENT SERVICES, PRODUCTS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL OF WHICH ARE PROVIDED ON AS RCS IS ACTING AS AN “AS IS” AND “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMS, AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED HERETO INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS AGENT FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SYSTEM INTEGRATION, PAYER. YOU ACNKNOWLEDGE AND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING AGREE THAT PAYMENT IS THE GENERALITY RESPONSIBILITY OF THE FOREGOINGPARTICULAR PAYER. RCS WILL NOT BE LIABLE IF CIRCUMSTANCES BEYOND OUR CONTROL PREVENT A PAYMENT, MARIADB DESPITE REASONABLE PRECAUTIONS RCS HAS TAKEN. THE DATA THAT IS AVAILABLE TO YOU THROUGH THE PAYMENT SERVICES HAS BEEN OR MAY HAVE BEEN RECEIVED BY US FROM PAYERS AND OTHER THIRD PARTY SOURCES. RCS DOES NOT WARRANT RESULTS ASSUME ANY RESPONSIBILITY FOR, WARRANT, GUARANTEE OR THAT VERIFY THE ACCURACY OR RELIABILITY OF SUCH DATA. YOUR RELIANCE UPON SUCH DATA AS OBTAINED BY YOU THROUGH THE PAYMENT SERVICES AND/OR THE SITE IS SOLELY AT YOUR OWN RISK. RCS IS NOT LIABLE OR RESPONSIBLE FOR ANY SOFTWAREOF YOUR ACTIONS OR INACTIONS RELATED TO YOUR USE OF THE PAYMENT SERVICES, SUBSCRIPTION SERVICES OR WORK PRODUCT WILL BE FREE FROM ERRORS, DEFECTS OR BUGS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL TIMES INCLUDING BUT NOT LIMITED TO PROTECT AND MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP YOUR VIOLATION OF ANY LAWS OR YOUR IMPROPER OR ILLEGAL TRANSFER OF CONFIDENTIAL INFORMATION. CERTAIN STATE LAWS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU AND ALL CUSTOMER’S DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SYSTEMSYOU MAY HAVE ADDITIONAL RIGHTS.