Common use of WARRANTIES & LIMITATION OF LIABILITIES Clause in Contracts

WARRANTIES & LIMITATION OF LIABILITIES. THE USE OF THE SOFTWARE PRODUCT IS AT LICENSEE’S OWN RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH LICENSEE. THE SOFTWARE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND XXXXXXXX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. XXXXXXXX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE PRODUCT WILL BE ACCEPTABLE OR RELIABLE, THAT THE SOFTWARE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS IN SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXXXX OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, LICENSEE ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. XXXXXXXX MAKES NO WARRANTY, EXPRESS OR IMPLIED, NOR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR ANY THIRD PARTY'S USE OR THE RESULTS OF SUCH USE OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED, NOR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS. INCORRECT DATA PLACED HEREIN TO ALLOW THE APP TO OPERATE IN A POSITIVE ENVIRONMENT DOES NOT TRANSLATE TO A PROPERLY SERVICED UNIT AND CAN POSE DANGEROUS RISK TO THE UNIT OWNER OR CONTRACTOR. NEITHER XXXXXXXX NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICES. LICENSEE ACKNOWLEDGES ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE A PRODUCT TO FAIL TO OPERATE OR CAUSE DAMAGE TO THE PRODUCT, LICENSEE, AND/OR THE PREMISES. NEITHER XXXXXXXX NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. XXXXXXXX, ITS THIRD PARTY LICENSORS AND CARRIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF XXXXXXXX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT; (II) THE USE OR INABILITY TO USE YOUR DEVICE AS A RESULT OF THE SOFTWARE PRODUCT; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATED TO THE SOFTWARE PRODUCT. XXXXXXXX SHALL ONLY BE RESPONSIBLE FOR INTENTIONAL MISCONDUCT AND GROSS NEGLIGENCE, AND IN NO EVENT SHALL COPELAND'S TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY ($50) DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to Licensee, some or all the exclusions or limitations set out in this XXXX may not apply, and Licensee may have additional rights.

WARRANTIES & LIMITATION OF LIABILITIES. THE USE OF THE SOFTWARE PRODUCT IS AT LICENSEE’S OWN RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITYDEVELOPER MAKES NO WARRANTY (OR REPRESENTATION OTHER THAN THAT MADE IN SECTION 5.2), PERFORMANCE, ACCURACY, AND EFFORT IS WITH LICENSEE. THE SOFTWARE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND XXXXXXXX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SOFTWARE PRODUCTLICENSED SOFTWARE, EITHER EXPRESSITS QUALITY, IMPLIEDMERCHANTABILITY, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE. ALL LICENSED SOFTWARE PROVIDED HEREUNDER IS "AS IS" AND DEVELOPER MAKES NO WARRANTY THAT THE LICENSED SOFTWARE IS FREE FROM CLAIMS OF INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, OR OTHER PROPRIETARY RIGHTS OF ACCURACYOTHERS. THERE ARE NO WARRANTIES, OF QUIET ENJOYMENTEITHER EXPRESS OR IMPLIED, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. XXXXXXXX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE PRODUCT WILL BE ACCEPTABLE OR RELIABLE, THAT THE SOFTWARE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS IN SOFTWARE PRODUCT WILL BE CORRECTEDANY AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND NEGATED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXXXX DEVELOPER OR ITS AUTHORIZED REPRESENTATIVE EMPLOYEES SHALL CREATE A WARRANTY OR MAKE ANY MODIFICATION, EXTENSION OR ADDITION TO THIS WARRANTY. SHOULD IN NO EVENT WHATSOEVER SHALL DEVELOPER BE LIABLE TO THE SOFTWARE PRODUCT PROVE DEFECTIVE, LICENSEE ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, RESELLER OR CORRECTION. XXXXXXXX MAKES NO WARRANTY, EXPRESS OR IMPLIED, NOR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY TO THIRD PARTIES FOR THE ACCURACY, COMPLETENESS, PUNITIVE DAMAGES OR ANY THIRD PARTY'S USE DAMAGES CAUSED, IN WHOLE OR IN PART, BY THE RESULTS OF SUCH USE OF ANY INFORMATION, APPARATUS, PRODUCT, THE LICENSED SOFTWARE OR PROCESS DISCLOSED, NOR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS. INCORRECT DATA PLACED HEREIN TO ALLOW THE APP TO OPERATE IN A POSITIVE ENVIRONMENT DOES NOT TRANSLATE TO A PROPERLY SERVICED UNIT AND CAN POSE DANGEROUS RISK TO THE UNIT OWNER OR CONTRACTOR. NEITHER XXXXXXXX NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICES. LICENSEE ACKNOWLEDGES ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE A PRODUCT TO FAIL TO OPERATE OR CAUSE DAMAGE TO THE PRODUCT, LICENSEE, AND/OR THE PREMISES. NEITHER XXXXXXXX NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE LOST REVENUES, LOST PROFITS, LOST SAVING OR DAMAGE. XXXXXXXX, ITS THIRD PARTY LICENSORS AND CARRIERS SHALL NOT BE LIABLE FOR ANY DIRECT, OTHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIALOR CONSEQUENTIAL DAMAGES INCURRED BY ANY PERSON, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF XXXXXXXX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE DAMAGES OR INABILITY TO USE THE SOFTWARE PRODUCT; (II) THE USE OR INABILITY TO USE YOUR DEVICE AS A RESULT OF THE SOFTWARE PRODUCT; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATED TO THE SOFTWARE PRODUCT. XXXXXXXX SHALL ONLY BE RESPONSIBLE FOR INTENTIONAL MISCONDUCT AND GROSS NEGLIGENCE, AND IN NO EVENT SHALL COPELAND'S TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY ($50) DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to Licensee, some or all the exclusions or limitations set out in this XXXX may not apply, and Licensee may have additional rightsCLAIMS.

WARRANTIES & LIMITATION OF LIABILITIES. THE USE OF THE SOFTWARE PRODUCT IS AT LICENSEE’S OWN RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH LICENSEE. THE SOFTWARE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND XXXXXXXX EMERSON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. XXXXXXXX EMERSON DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE PRODUCT WILL BE ACCEPTABLE OR RELIABLE, THAT THE SOFTWARE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS IN SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXXXX EMERSON OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, LICENSEE ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. XXXXXXXX EMERSON MAKES NO WARRANTY, EXPRESS OR IMPLIED, NOR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR ANY THIRD PARTY'S USE OR THE RESULTS OF SUCH USE OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED, NOR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS. INCORRECT DATA PLACED HEREIN TO ALLOW THE APP TO OPERATE IN A POSITIVE ENVIRONMENT DOES NOT TRANSLATE TO A PROPERLY SERVICED UNIT AND CAN POSE DANGEROUS RISK TO THE UNIT OWNER OR CONTRACTOR. NEITHER XXXXXXXX EMERSON NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICES. LICENSEE ACKNOWLEDGES ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE A PRODUCT TO FAIL TO OPERATE OR CAUSE DAMAGE TO THE PRODUCT, LICENSEE, AND/OR THE PREMISES. NEITHER XXXXXXXX EMERSON NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. XXXXXXXXEMERSON, ITS THIRD PARTY LICENSORS AND CARRIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF XXXXXXXX EMERSON WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT; (II) THE USE OR INABILITY TO USE YOUR DEVICE AS A RESULT OF THE SOFTWARE PRODUCT; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATED TO THE SOFTWARE PRODUCT. XXXXXXXX EMERSON SHALL ONLY BE RESPONSIBLE FOR INTENTIONAL MISCONDUCT AND GROSS NEGLIGENCE, AND IN NO EVENT SHALL COPELAND'S XXXXXXX’X TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY ($50) DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to Licensee, some or all the exclusions or limitations set out in this XXXX may not apply, and Licensee may have additional rights.

WARRANTIES & LIMITATION OF LIABILITIES. THE USE OF THE SOFTWARE PRODUCT IS AT LICENSEE’S OWN RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH LICENSEE. THE SOFTWARE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND XXXXXXXX HEREBY XXXXXXX XXXXXX DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. XXXXXXXX XXXXXXX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE PRODUCT WILL BE ACCEPTABLE OR RELIABLE, THAT THE SOFTWARE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS IN SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXXXX XXXXXXX OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, LICENSEE ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. XXXXXXXX XXXXXXX MAKES NO WARRANTY, EXPRESS OR IMPLIED, NOR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR ANY THIRD PARTY'S USE OR THE RESULTS OF SUCH USE OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED, NOR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS. INCORRECT DATA PLACED HEREIN TO ALLOW THE APP TO OPERATE IN A POSITIVE ENVIRONMENT DOES NOT TRANSLATE TO A PROPERLY SERVICED UNIT AND CAN POSE DANGEROUS RISK TO THE UNIT OWNER OR CONTRACTOR. NEITHER XXXXXXXX XXXXXXX NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICES. LICENSEE ACKNOWLEDGES ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE A PRODUCT TO FAIL TO OPERATE OR CAUSE DAMAGE TO THE PRODUCT, LICENSEE, AND/OR THE PREMISES. NEITHER XXXXXXXX XXXXXXX NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. XXXXXXXXXXXXXXX, ITS THIRD PARTY LICENSORS AND CARRIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF XXXXXXXX XXXXXXX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT; (II) THE USE OR INABILITY TO USE YOUR DEVICE AS A RESULT OF THE SOFTWARE PRODUCT; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATED TO THE SOFTWARE PRODUCT. XXXXXXXX XXXXXXX SHALL ONLY BE RESPONSIBLE FOR INTENTIONAL MISCONDUCT AND GROSS NEGLIGENCE, AND IN NO EVENT SHALL COPELAND'S XXXXXXX’X TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY ($50) DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to Licensee, some or all the exclusions or limitations set out in this XXXX may not apply, and Licensee may have additional rights.

WARRANTIES & LIMITATION OF LIABILITIES. THE USE OF THE SOFTWARE PRODUCT IS AT LICENSEE’S OWN RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH LICENSEE. THE SOFTWARE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND XXXXXXXX HEREBY XXXXXXX XXXXXX DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. XXXXXXXX EMERSON DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE PRODUCT WILL BE ACCEPTABLE OR RELIABLE, THAT THE SOFTWARE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS IN SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXXXX EMERSON OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, LICENSEE ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. XXXXXXXX EMERSON MAKES NO WARRANTY, EXPRESS OR IMPLIED, NOR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR ANY THIRD PARTY'S USE OR THE RESULTS OF SUCH USE OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED, NOR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS. INCORRECT DATA PLACED HEREIN TO ALLOW THE APP TO OPERATE IN A POSITIVE ENVIRONMENT DOES NOT TRANSLATE TO A PROPERLY SERVICED UNIT AND CAN POSE DANGEROUS RISK TO THE UNIT OWNER OR CONTRACTOR. NEITHER XXXXXXXX EMERSON NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICES. LICENSEE ACKNOWLEDGES ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE A PRODUCT TO FAIL TO OPERATE OR CAUSE DAMAGE TO THE PRODUCT, LICENSEE, AND/OR THE PREMISES. NEITHER XXXXXXXX EMERSON NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. XXXXXXXXEMERSON, ITS THIRD PARTY LICENSORS AND CARRIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF XXXXXXXX EMERSON WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT; (II) THE USE OR INABILITY TO USE YOUR DEVICE AS A RESULT OF THE SOFTWARE PRODUCT; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATED TO THE SOFTWARE PRODUCT. XXXXXXXX EMERSON SHALL ONLY BE RESPONSIBLE FOR INTENTIONAL MISCONDUCT AND GROSS NEGLIGENCE, AND IN NO EVENT SHALL COPELAND'S XXXXXXX’X TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY ($50) DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to Licensee, some or all the exclusions or limitations set out in this XXXX may not apply, and Licensee may have additional rights.