Common use of Warranties Clause in Contracts

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 1818 (Patent Infringement); or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided (a) TO THE EXTENT PERMITTED BY LAW, THE SUPPLIER, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, PERFORMANCE THEREOF OR ANY MATERIALS PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT WARRANTY LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, QUALITY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, THE INFORMATION, DATA, SOFTWARE, APPLICATIONS OR ANY OTHER WARRANTYPRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED BY THEIR USE, EXPRESSED COMPLIANCE WITH RULES OR IMPLIED. REGENTS MAKES NO REPRESENTATION REGULATIONS, NON- INFRINGEMENT AND TITLE, SEQUENCING, TIMELINESS, ACCURACY OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS COMPLETENESS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYINFORMATION, AND BREACH ANY WARRANTIES ARISING FROM A COURSE OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEDEALING, SUBLICENSEES, JOINT VENTURES USAGE OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESTRADE PRACTICE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything madeALL SERVICES, usedINCLUDING DATA AND OTHER MATERIALS, or SOLD under any license granted in this PROVIDED UNDER THIS AGREEMENT is or will be free from infringement of patents of third parties; orARE PROVIDED ON AN “AS IS” BASIS AND THE CLIENT’S USE OF, OR ANY DECISIONS MADE IN RELIANCE OF THE SERVICES ARE AT THE CLIENT’S OWN RISK. FURTHERMORE, NO GUARANTEE IS MADE AS TO THE EFFICACY OR VALUE OF ANY SERVICES PERFORMED OR SOFTWARE, DATA, CODE OR OTHER MATERIALS DEVELOPED. (c) An obligation to bring or prosecute actions or suits against third parties for patent infringementTHE CLIENT ACKNOWLEDGES AND AGREES THAT NEITHER THE SERVICES NOR ANY OF THE INFORMATION OBTAINED BY OR THROUGH THE SERVICES ARE INTENDED TO SUPPLY INVESTMENT, except as provided in Article 18; or (d) Conferring by implicationFINANCIAL, estoppelACCOUNTING, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined hereinTAX, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSCOMMODITY TRADING, OR LEGAL ADVICE. THE CLIENT ACKNOWLEDGES AND AGREES THAT IT WILL CONSULT ITS OWN INVESTMENT, FINANCIAL, TAX, AND LEGAL ADVISORS TO THE EXTENT IT REQUIRES ANY SUCH ADVICE. A REFERENCE TO A PARTICULAR INVESTMENT OR SECURITY, A CREDIT RATING, OR ANY OBSERVATION CONCERNING A SECURITY OR INVESTMENT PROVIDED IN THE SERVICES IS NOT A RECOMMENDATION TO BUY, SELL OR HOLD SUCH INVESTMENT OR SECURITY OR TO MAKE ANY OTHER INVESTMENT DECISIONS. THE SUPPLIER OFFERS NO ADVICE REGARDING THE NATURE, POTENTIAL FUTURE VALUE, OR SUITABILITY OF ANY PARTICULAR SECURITY, COMMODITY INTEREST, TRANSACTION, INVESTMENT OR INVESTMENT STRATEGY. THE CLIENT ACKNOWLEDGES AND AGREES THAT THE USE OF THE SERVICES AND DATA, AND ANY DECISIONS MADE IN RELIANCE UPON THE SERVICES AND DATA, ARE MADE AT THE CLIENT’S OWN RISK. THE CLIENT FURTHER ACKNOWLEDGES AND AGREES THAT NEITHER THE SERVICES NOR ANY INFORMATION OR DATA OBTAINED BY OR THROUGH THE SERVICES CONSTITUTE AN OFFER TO PURCHASE OR A SOLICITATION OF AN OFFER TO SELL SECURITIES.

Warranties. 17.1 This license and the associated INVENTION are provided EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER WARRANTY, EXPRESSED SYSTEMS OR IMPLIEDPROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. REGENTS MAKES NO REPRESENTATION BANK DOES NOT REPRESENT OR WARRANTY WARRANT THAT THE INVENTIONSYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED PREVENT UNAUTHORIZED ACCESS BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything madeWILL BE UNINTERRUPTED, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.SECURE OR ERROR FREE OR THAT

Warranties. 17.1 This license 7.1 Each party represents and warrants that it has, and will maintain, the associated INVENTION are provided full legal right and authority to enter into the Agreement and to grant the rights granted by it under the Agreement. 7.2 CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER IS USING THE SERVICE, INCLUDING ALL OPPORTUNITY AND ACCOUNT INFORMATION AND ALL OTHER INFORMATION AND CONTENT, AT ITS OWN RISK, AND THAT THE SERVICES AND ALL SUCH INFORMATION AND CONTENT ARE MADE AVAILABLE ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY WARRANTIES OF MERCHANTABILITY ANY KIND. PARTNERTAP DOES NOT WARRANT THE ACCURACY, AVAILABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT ON THE SERVICE AND USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL SUCH INFORMATION AND CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTNERTAP DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ANY OTHER WARRANTYNON-INFRINGEMENT WHETHER ARISING BY A COURSE OF DEALING, EXPRESSED USAGE OR IMPLIEDTRADE PRACTICE OR COURSE OF PERFORMANCE. REGENTS MAKES NO REPRESENTATION OR WARRANTY PARTNERTAP DOES NOT WARRANT THAT THE INVENTIONSERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, REGENTS’ PATENT RIGHTSOR WILL BE SECURE, LICENSED PRODUCTS, LICENSED SERVICES UNINTERRUPTED OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE ERROR FREE. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY LOST PROFITS, COSTS HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTANY FUTURE FUNCTIONALITY, OR FOR ON ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, ORAL OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, WRITTEN PUBLIC COMMENTS OR AFFILIATES ARISING OUT ADVERTISING OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED PARTNERTAP IN ITS PURCHASE OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESSERVICE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license SIMBA warrants for a period of ninety (90) days from the date the PROGRAM is delivered to you that the PROGRAM shall substantially conform to SIMBA provided written specifications. In the event of any alleged breach of the above express warranties, you shall report the details of such alleged breach in writing to SIMBA within the specified ninety (90) day warranty period. If such alleged breach is reported as required and substantiated by SIMBA, your exclusive remedies shall be, at SIMBA’s sole option, for SIMBA to promptly repair or replace the associated INVENTION are provided PROGRAM or any portion thereof necessary to remedy the breach or to refund the fees actually received by SIMBA for this license. EXCEPT AS SET FORTH ABOVE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE PROGRAM IS AT YOUR SOLE RISK. SIMBA, AND ANY APPLICABLE LICENSORS, PROVIDES THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, ANY DOCUMENTATION AND SUPPORT) ON AN "AS IS", “WHERE IS” BASIS WITHOUT ANY WARRANTY OF MERCHANTABILITY ANY KIND, EITHER EXPRESS, IMPLIED OR STATUORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONACCURACY, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY NON-INFRINGEMENT, OR FOR ANY INDIRECTCONDITION ARISING FROM COURSE OF PERFORMANCE, INCIDENTAL, CONSEQUENTIAL, PUNITIVECOURSE OF DEALING OR USAGE OF TRADE. XXXXX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURESTHAT THE OPERATION OF THE PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED, OR AFFILIATES ARISING OUT OF THAT DEFECTS IN PROGRAM WILL BE CORRECTED. FURTHERMORE, XXXXX DOES NOT WARRANT OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF MAKE ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE POSSIBILITY USE OF SUCH DAMAGESTHE PROGRAM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. REGENTS WILL NOT BE LIABLE FOR NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIMBA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT WAY INCREASE THE SCOPE OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESTHIS WARRANTY. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF MERCHANTABILITY ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, IF ANY, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR ANY OTHER WARRANTYTRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, EXPRESSED THE LICENSOR PROVIDES NO WARRANTY OR IMPLIED. REGENTS UNDERTAKING, AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THE INVENTIONLICENSED APPLICATION WILL MEET THE LICENSEE’S REQUIREMENTS, REGENTS’ PATENT RIGHTSACHIEVE ANY INTENDED RESULTS, LICENSED PRODUCTSBE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITSAPPLICATIONS, COSTS OF PROCURING SUBSTITUTE GOODS SYSTEMS OR SERVICES, LOST BUSINESSOPERATE WITHOUT INTERRUPTION, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, MEET ANY PERFORMANCE OR FOR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, ERRORS OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, DEFECTS CAN OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESCORRECTED. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY THE GOODS AND SOFTWARE ARE PROVIDED “AS IS” AND, EXCEPT FOR ANY WARRANTY, CONDITION OR GUARANTEE THAT CANNOT BE EXCLUDED BY APPLICABLE LAW, ALL WARRANTIES IMPLIED OR OTHERWISE NOT STATED IN THIS SECTION 7 ARE EXCLUDED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY SUCH WARRANTIES, CONDITIONS OR GUARANTEES WHICH CANNOT BE LAWFULLY EXCLUDED, OXFORD NANOPORE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF MERCHANTABILITY OR ANY KIND WITH RESPECT TO THE GOODS AND SOFTWARE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE (INCLUDING ANY PURPOSE RELATING TO A CUSTOMER’S LEGAL OR ANY OTHER WARRANTYREGULATORY COMPLIANCE OBLIGATIONS). WITHOUT LIMITATION OF THE FOREGOING, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY OXFORD NANOPORE EXPRESSLY DOES NOT WARRANT THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED THAT OPERATION OF THE POSSIBILITY GOODS OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR THE RESULTS OBTAINED FROM YOUR USE OF SUCH DAMAGESTHE GOODS AND SOFTWARE. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS YOU SHALL BEAR THE ENTIRE RISK AS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing QUALITY AND THE PERFORMANCE OF THE GOODS AND THE SOFTWARE. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by Oxford Nanopore or its agents which is not set out in this AGREEMENT is or will be construed as: (a) A Contract. Oxford Nanopore makes no warranty or representation by REGENTS as and gives no indemnity in respect of any third party's products, whether or not obtained from Oxford Nanopore. Oxford Nanopore’s supply of any such third party-produced products will be subject to separate terms and conditions of the manufacturer or licensor, which will be specified at the time of purchase in relation to such product. CERTAIN OF THE SOFTWARE LICENSED HEREUNDER MAY BE A BETA RELEASE AND MAY CONTAIN DEFECTS. THE PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE, THE IDENTIFICATION OF DEFECTS AND SUGGESTIONS FOR ADDITIONAL FEATURES. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING DOCUMENTATION AND MATERIALS. IT IS POSSIBLE THAT THE USE OF THE GOODS MAY RESULT IN DATA THAT CANNOT BE INTERPRETED WITH THE SOFTWARE. SUBJECT TO OTHER PROVISIONS HEREIN, YOU MAY DEVELOP SOFTWARE TO INTERPRET DATA GENERATED USING THE SEQUENCING KIT PROVIDED BY OXFORD NANOPORE OR A CUSTOM SAMPLE PREPARATION. Any samples, training materials, descriptive material or advertising related to the validityGoods, enforceability whether or scope not, produced by Oxford Nanopore and any descriptions contained in or on the Oxford Website or in Oxford Nanopore’s marketing materials or product literature are produced for the purpose of general information only and shall not form part of this Contract or have any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTScontractual force.

Warranties. 17.1 This license (a) The Westlake Parties shall use commercially reasonable efforts, as agent for Owner, to secure from vendors, suppliers and subcontractors, for Owner’s benefit, such warranties and guarantees as may reasonably be available regarding supplies, materials, equipment and services purchased for the associated INVENTION are provided WITHOUT Ethylene Assets in the performance of the Operating Services, and to enforce such warranties and guarantees on behalf of Owner. As regards any equipment, materials, supplies or services obtained by the Westlake Parties from vendors, suppliers and subcontractors, the only warranties, if any, applicable thereto and available to Owner shall be those offered by such vendors, suppliers and subcontractors. THE WESTLAKE PARTIES MAKE NO EXPRESS OR IMPLIED WARRANTY, GUARANTY OR REPRESENTATION, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SUITABILITY OR MERCHANTABILITY, REGARDING THE DESIGN OR ANY OTHER WARRANTYCHARACTERISTICS OF THE ETHYLENE ASSETS OR ANY SUCH EQUIPMENT, EXPRESSED MATERIALS, SUPPLIES OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONSERVICE, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTALL OF WHICH ARE SPECIFICALLY DISCLAIMED AND NEGATED. 17.2 REGENTS WILL NOT (b) OWNER’S EXCLUSIVE REMEDIES WITH RESPECT TO EQUIPMENT, MATERIALS, SUPPLIES OR SERVICES OBTAINED BY THE WESTLAKE PARTIES FROM THIRD PARTY VENDORS, SUPPLIERS AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY LOST PROFITSTHOSE UNDER THE VENDOR, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESSUPPLIER AND SUBCONTRACTOR WARRANTIES REFERENCED IN SECTION 12.1(a), LOST BUSINESSAND THE WESTLAKE PARTIES’ ONLY OBLIGATION, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED IN CONNECTION WITH ANY SUCH WARRANTY OR BREACH THEREOF, SHALL BE TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTUSE COMMERCIALLY REASONABLE EFFORTS TO ENFORCE SUCH WARRANTIES AND OWNER SHALL HAVE NO OTHER REMEDIES AGAINST THE WESTLAKE PARTIES WITH RESPECT TO EQUIPMENT, CONTRACTMATERIALS, NEGLIGENCESUPPLIES OR SERVICES OBTAINED BY THE WESTLAKE PARTIES FROM SUCH VENDORS, STRICT LIABILITY, SUPPLIERS AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESSUBCONTRACTORS. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided THE AGENCY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANYKIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GATEWAY SERVICE OR THE SERVICE INFORMATION, OR ANY SUPPORT OR OTHER SERVICES PROVIDED BY APPRISS INCLUDING, WITHOUT WARRANTY LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYNONINFRINGEMENT, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF APPRISS EXPRESSLY DISCLAIMS ANY SUCH DAMAGESWARRANTIES. REGENTS WILL APPRISS DOES NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: WARRANT THAT: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTSTHE GATEWAY SERVICE WILL OPERATE UNINTERRUPTED; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third partiesALL GATEWAY SERVICE ERRORSCAN BE CORRECTED; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18THE GATEWAY SERVICE MEETS ALL OF SUBSCRIBING ORGANIZATION’S BUSINESS REQUIREMENTS; or OR (d) Conferring by implicationTHE PMP DATA IS COMPLETE, estoppelACCURATE OR ERROR-FREE. SUBSCRIBING ORGANIZATION ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE SUITABILITY OF THE GATEWAY SERVICE FOR ITS REQUIREMENTS. SUBSCRIBING ORGANIZATION ACKNOWLEDGES AND AGREES THAT PMP DATA IS PROVIDED BY THE PMPs. NEITHER APPRISS NOR ITS LICENSORS SHALL HAVE ANY LIABILITY IN THE EVENT THAT A PMP DENIES SUBSCRIBING ORGANIZATION’SREQUEST TO ACCESS PMP DATA OR REVOKES SUBSCRIBING ORGANIZATION’S ACCESS TO PMP DATA, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSOR IF PMP DATA IS UNAVAILABLE FOR ANY REASON. SUBSCRIBING ORGANIZATION ACCEPTS THE PMP DATA AND ANY PRESCRIPTION HISTORY SERVICES BASED ON THE PMP DATA ON AN “AS IS” “AS AVAILABLE” BASIS.

Warranties. 17.1 This license and the associated INVENTION are provided ANY WARRANTIES WITH RESPECT TO DEVICES ARE SET FORTH IN THE SUPPLEMENTAL TERMS. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED HEREIN AND IN THE SUPPLEMENTAL TERMS, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” VERIFONE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT WARRANTY LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDAND NON-INFRINGEMENT OF THIRD- PARTY RIGHTS. REGENTS MAKES NO REPRESENTATION OR WARRANTY VERIFONE DOES NOT WARRANT THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS PRODUCTS OR SERVICES, LOST BUSINESSOR ANY COMPONENT THEREOF, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTWILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCTS OR SERVICES, OR ANY COMPONENT THEREOF, WILL BE UNINTERRUPTED OR ENTIRELY ERROR FREE. YOU ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES DOES VERIFONE REPRESENT OR WARRANT THAT ALL ERRORS IN ANY SOFTWARE CAN BE REMEDIED. VERIFONE MAY, FROM TIME TO TIME, PROVIDE ITS ROADMAP OR PROJECTED IMPLEMENTATIONS FOR THE PRODUCTS OR SERVICES; SUCH INFORMATION IS NOT BINDING ON VERIFONE AND YOU SHOULD NOT RELY ON SUCH INFORMATION. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM VERIFONE OR FROM ANY INDIRECTOTHER PARTY ABOUT THE PRODUCTS OR SERVICES SHALL CREATE ANY WARRANTY. NOTHING IN THESE TERMS AND CONDITIONS OPERATES TO EXCLUDE, INCIDENTAL, CONSEQUENTIAL, PUNITIVERESTRICT, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEEMODIFY THE APPLICATION OF ANY IMPLIED CONDITION, SUBLICENSEES, JOINT VENTURESWARRANTY, OR AFFILIATES ARISING OUT OF GUARANTEE, OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION THE EXERCISE OF ANY KIND (INCLUDNG TORTRIGHT OR REMEDY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR THE IMPOSITION OF ANY LIABILITY UNDER LAW WHERE TO DO SO WOULD CONTRAVENE THAT LAW OR CAUSE ANY TERM OF THESE TERMS AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT CONDITIONS TO BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESVOID. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license 4.1 Corero warrants that the Services shall be provided in a professional and workmanlike manner, in accordance with the associated INVENTION are description provided herein. 4.2 TO THE MAXIMUM EXTENT PREMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THIS AGREEMENT, CORERO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT WARRANTY LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. NEITHER THIS AGREEMENT NOR ANY OTHER WARRANTY, EXPRESSED DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO GUARANTEE OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY IMPLY THAT THE INVENTIONOPERATION OF THE SERVICES (i) WILL BE UNINTERRUPTED, REGENTS’ PATENT RIGHTSTIMELY, LICENSED PRODUCTSOR ERROR-FREE OR THAT THE EQUIPMENT WILL PROTECT AGAINST ALL POSSIBLE THREATS OR ATTACKS, LICENSED (ii) SECURITY THREATS, MALICIOUS CODE AND/OR VULNERABILITIES WILL BE IDENTIFIED AND BLOCKED, (iii) THE OPERATION OF THE SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT RENDER CUSTOMER’S NETWORK AND SYSTEMS SAFE FROM MALICIOUS CODE, INTRUSIONS OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS SECURITY BREACHES, (iv) THERE WILL NOT BE LIABLE FOR ANY LOST PROFITSNO FALSE POSITIVES. THE LIMITED WARRANTY SET FORTH IN THIS WARRANTY AGREEMENT GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS. THE CUSTOMER MAY HAVE OTHER RIGHTS UNDER APPLICABLE LAW, COSTS WHICH MAY VARY DEPENDING ON THE CUSTOMER LOCATION. NO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE OF PROCURING SUBSTITUTE GOODS CORERO IS AUTHORIZED TO CHANGE OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS ADD TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing WARRANTY AND REMEDIES SET FORTH HEREIN. All warranties and representations contained in this AGREEMENT is Section 4 shall survive termination or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope expiration of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSAgreement.

Warranties. 17.1 This license and the associated INVENTION are provided (a) IRON MOUNTAIN WARRANTS ANY AND ALL SERVICES PROVIDED HEREUNDER SHALL BE PERFORMED IN A WORKMANLIKE MANNER. EXCEPT AS SPECIFIED IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT WARRANTY LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ANY OTHER WARRANTYARISING FROM A COURSE OF DEALING, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTUSAGE, OR FOR ANY INDIRECTTRADE PRACTICE, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS ARE HEREBY EXCLUDED TO THE EXTENT ASSIGNED OR LICENSED ALLOWED BY REGENTS’ INVENTORS APPLICABLE LAW. AN AGGRIEVED PARTY MUST NOTIFY IRON MOUNTAIN PROMPTLY OF ANY CLAIMED BREACH OF ANY WARRANTIES AND SUCH PARTY’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL BE RETURN OF THE PORTION OF THE FEES PAID TO THIRD PARTIESIRON MOUNTAIN BY PAYING PARTY FOR SUCH NON-CONFORMING SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. THE WARRANTY PROVIDED IS SUBJECT TO THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation Depositor warrants that anything made, used, or SOLD under any license granted in all Depositor information provided hereunder is accurate and reliable and undertakes to promptly correct and update such Depositor information during the Term of this AGREEMENT is or will be free from infringement of patents of third parties; orAgreement. (c) An obligation Beneficiary warrants that all Beneficiary information provided hereunder is accurate and reliable and undertakes to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents promptly correct and update such Beneficiary information during the Term of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSthis Agreement.

Warranties. 17.1 This license and the associated INVENTION are provided CUSTOMER REPRESENTS AND WARRANTS TO THE CUSTODIAN THAT: (A) CUSTOMER AND ITS USERS WILL ONLY USE THE SERVICE FOR LAWFUL PURPOSES AND IN ACCORDANCE WITH THE CUSTODIAN’S REASONABLE INSTRUCTIONS, RULES, POLICIES, SPECIFICATIONS, TERMS AND CONDITIONS, AND OPERATING PROCEDURES, AS WELL AS ALL ELECTRONIC FUNDS TRANSFER LAWS AND REGULATIONS AND INDUSTRY RULES, INCLUDING BUT NOT LIMITED TO THE OPERATING RULES AND GUIDELINES OF THE NATIONAL CLEARING HOUSE ASSOCIATION AND CARD ASSOCIATION RULES, IF APPLICABLE, AND WILL NOT VIOLATE ANY LAW OF ANY COUNTRY OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (B) CUSTOMER AND ITS USERS WILL NOT (I) PROVIDE, DISCLOSE, DIVULGE OR MAKE AVAILABLE TO, OR PERMIT USE OF THE SERVICE BY, ANY THIRD PARTY; WITHOUT WARRANTY OF MERCHANTABILITY THE CUSTODIAN’S PRIOR WRITTEN CONSENT OR FITNESS FOR A PARTICULAR PURPOSE AS EXPRESSLY AUTHORIZED HEREIN (II) ENGAGE IN SPAMMING, MAILBOMBING, SPOOFING OR ANY OTHER WARRANTYFRAUDULENT, EXPRESSED ILLEGAL OR IMPLIED. REGENTS MAKES NO REPRESENTATION UNAUTHORIZED USE OF THE SERVICE; (III) INTRODUCE OR WARRANTY THAT TRANSMIT, WITHOUT LIMITATION, THROUGH THE INVENTIONSERVICE, REGENTS’ PATENT RIGHTSOR OTHERWISE, LICENSED PRODUCTS“JUNK MAIL”, LICENSED SERVICES “CHAIN LETTERS” ANY VIRUS, WORM, OR LICENSED METHOD WILL NOT INFRINGE OTHER DESTRUCTIVE ELEMENT; (IV) REMOVE, OBSCURE OR ALTER ANY PATENT COPYRIGHT NOTICE, TRADEMARKS OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT RIGHTS NOTICES AFFIXED TO OR CONTAINED WITHIN THE SERVICE. CUSTOMER FURTHER REPRESENTS AND WARRANTS TO THE CUSTODIAN THAT CUSTOMER HAS ACCURATELY DESIGNATED IN WRITING TO THE CUSTODIAN THE GEOGRAPHIC LOCATION OF ITS USERS AND SHALL PROVIDE ANY UPDATES OR CHANGES TO SUCH INFORMATION TO THE CUSTODIAN. WITH RESPECT TO THE OBLIGATIONS OF CUSTOMER UNDER THIS SECTION, CUSTOMER SHALL BE LIABLE FOR RESPONSIBLE FOR, AND SHALL INDEMNIFY, DEFEND AND HOLD THE CUSTODIAN HARMLESS FROM AND AGAINST, ANY LOST PROFITSAND ALL CLAIMS, COSTS DAMAGES, COSTS, DEMANDS, EXPENSES, LIABILITIES AND LOSSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES AND ANY AND ALL FINES AND PENALTIES, ARISING FROM THE (1) USE OF PROCURING SUBSTITUTE GOODS THE SERVICE OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, (2) ACCESS OF THE SERVICE BY CUSTOMER OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ITS USERS IN GEOGRAPHIC LOCATIONS OTHER SPECIAL DAMAGES SUFFERED THAN THOSE DESIGNATED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED CUSTOMER IN WRITING TO THIS AGREEMENT FOR ALL CAUSES OF ACTION THE CUSTODIAN. SHOULD CUSTOMER RECEIVE NOTICE OF ANY KIND (INCLUDNG TORTCLAIM REGARDING THE SERVICE, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF CUSTOMER SHALL PROMPTLY PROVIDE THE POSSIBILITY CUSTODIAN WITH A WRITTEN NOTICE OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESCLAIM. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license 6.1 Although the Bank attempts to provide accurate Contents on the Service, we make no representation, endorsement, or warranty that such Contents are accurate and complete or that the associated INVENTION Contents or the Service are provided suitable for any particular purpose. In this regard, you are hereby advised that you should confirm directly with your Private Banker any Contents of the Service on which you plan to rely. THE SERVICE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICE AND ITS CONTENTS IS AT YOUR SOLE RISK. THE SERVICE AND ITS CONTENTS ARE PROVIDED WITHOUT WARRANTY ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES RELATING TO TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS RELATING TO MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES, CONDITIONS OR OTHER TERMS (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. WE DO NOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, INFORMATION THAT YOU TRANSMIT TO THE SERVICE OR TO THE CONTENTS OF THE SERVICE OR CONFIDENTIAL CLIENT INFORMATION. WE DO NOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY OTHER WARRANTYPARTICULAR TIME, EXPRESSED THE INTEGRITY OF DATA TRANSMITTED TO OR IMPLIED. REGENTS MAKES NO REPRESENTATION FROM THE SERVICE OR WARRANTY MAINTAINED ON THE SERVICE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES SERVICE OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT THE CONTENTS THAT IT MAKES AVAILABLE ARE FREE FROM VIRUSES OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYHARMFUL COMPONENTS, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF WE MAY DISCONTINUE GENERATING CONTENTS OR PROVIDING THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESSERVICE WITHOUT PRIOR NOTICE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license For the avoidance of doubt the Third Party Products and the associated INVENTION Serviced are provided by or through NMS and not Bank; accordingly, Merchant acknowledges and agrees that Bank will have absolutely no liability for the performance or operation (or lack thereof) of any Third Party Products or Services. Additionally, Merchant acknowledges and agrees that ISO is only a reseller of, or referral source, for Third Party Products and Services, and as such, ISO shall not in any way be liable for the performance or operation (or lack thereof) of Third Party Products and Services and neither ISO nor Bank makes any warranties, representations or covenants with respect thereto. Any and all warranties, representations or covenants regarding Third Party Products and Services, if any, are and will be governed by the terms and conditions pursuant to which the Third Party Provider makes the applicable Third Party Products and Services available to Merchant. In the event that ISO resells any Third Party Products and Services to Merchant, it will pass through any warranties made available to ISO by the applicable Third Party Provider that such Third Party Provider permits to be passed through to Merchant. NEITHER ISO NOR BANK MAKES ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE THIRD PARTY PRODUCTS AND SERVICES AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR TITLE, AVAILABILITY, RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTNONINFRINGEMENT, OR FOR ANY INDIRECTARISING FROM COURSE OF PERFORMANCE, INCIDENTALDEALING, CONSEQUENTIAL, PUNITIVE, USAGE OR OTHER SPECIAL DAMAGES SUFFERED TRADE. THIRD PARTY PRODUCTS AND SERVICES ARE BEING PROVIDED “AS-IS” BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND THROUGH ISO (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED EVEN BEING PROVIDED THEREBY), AND NEITHER ISO NOR BANK WARRANTS THAT THEY WILL MEET MERCHANT’S REQUIREMENTS OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESBE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR FREE, OR THAT ANY ERRORS WILL BE CORRECTED. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided THE AGENCY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GATEWAY SERVICE OR THE SERVICE INFORMATION, OR ANY SUPPORT OR OTHER SERVICES PROVIDED BY APPRISS INCLUDING, WITHOUT WARRANTY LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYNONINFRINGEMENT, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF APPRISS EXPRESSLY DISCLAIMS ANY SUCH DAMAGESWARRANTIES. REGENTS WILL APPRISS DOES NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: WARRANT THAT: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTSTHE GATEWAY SERVICE WILL OPERATE UNINTERRUPTED; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third partiesALL GATEWAY SERVICE ERRORS CAN BE CORRECTED; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18THE GATEWAY SERVICE MEETS ALL OF SUBSCRIBING ORGANIZATION’S BUSINESS REQUIREMENTS; or OR (d) Conferring by implicationTHE PMP DATA IS COMPLETE, estoppelACCURATE OR ERROR-FREE. SUBSCRIBING ORGANIZATION ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE SUITABILITY OF THE GATEWAY SERVICE FOR ITS REQUIREMENTS. SUBSCRIBING ORGANIZATION ACKNOWLEDGES AND AGREES THAT PMP DATA IS PROVIDED BY THE PMPs. NEITHER APPRISS NOR ITS LICENSORS SHALL HAVE ANY LIABILITY IN THE EVENT THAT A PMP DENIES SUBSCRIBING ORGANIZATION’S REQUEST TO ACCESS PMP DATA OR REVOKES SUBSCRIBING ORGANIZATION’S ACCESS TO PMP DATA, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSOR IF PMP DATA IS UNAVAILABLE FOR ANY REASON. SUBSCRIBING ORGANIZATION ACCEPTS THE PMP DATA AND ANY PRESCRIPTION HISTORY SERVICES BASED ON THE PMP DATA ON AN “AS IS” “AS AVAILABLE” BASIS.

Warranties. 17.1 This license and the associated INVENTION are provided DT WARRANTS THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER AND IN ACCORDANCE WITH ANY WRITTEN DOCUMENTATION OR PRODUCT DESCRIPTIONS PROVIDED BY DT OR OTHERWISE MADE AVAILABLE ON DT'S WEBSITE. CUSTOMER'S EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT THE SOLE DISCRETION OF DT, THE RESTORATION OF THE SERVICE IN A MANNER THAT CONFORMS TO THESE WARRANTIES OR THE TERMINATION OF THE SERVICE AND THIS AGREEMENT AND A PRO RATA REFUND OF ANY PRE-PAID SUBSCRIPTION FEES PAID BY CUSTOMER FOR THE NON-CONFORMING SERVICES FOR THE PERIOD OF NON-CONFORMANCE. EXCEPT AS PROVIDED ABOVE, ALL INFORMATION, DOCUMENTATION AND SERVICES PROVIDED BY DT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF MERCHANTABILITY ANY KIND AND CUSTOMER EXPRESSLY AGREES THAT ITS USE OF THE SERVICE IS AT ITS OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DT MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. NOR DOES DT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER WARRANTY, EXPRESSED INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR IMPLIEDDATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. REGENTS MAKES NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICES, WHETHER MADE BY EMPLOYEES OF DT OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE BY DT FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTPURPOSE, OR FOR GIVE RISE TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT LIABILITY OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION DT WHATSOEVER. MENTION OF ANY KIND (INCLUDNG TORTNON-DT PRODUCTS OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION. IN THE EVENT THAT APPLICABLE LAW LIMITS THE EXCLUSION OF IMPLIED WARRANTIES ABOVE, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH THE MAXIMUM AMOUNT OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT EXCLUSIONS ALLOWED UNDER APPLICABLE LAW SHALL BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESAPPLIED. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license (a) CU*ANSWERS represents and the associated INVENTION are warrants that all services will be provided WITHOUT WARRANTY in a professional and workmanlike manner. (b) CU*ANSWERS does not warrant that its services will be uninterrupted or error-free. (c) Except as provided in Section 7(a), above, CU*ANSWERS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, FROM A COURSE OF DEALING, OR FROM USAGE OF TRADE OR INDUSTRY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES. CU*ANSWERS SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES IN ANY OTHER WARRANTYEVENT. ALL SERVICES ARE PROVIDED "AS IS", EXPRESSED WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, TIMELINESS OR IMPLIEDOF THE RESULTS OBTAINED FROM THE USE OF THESE SERVICES. REGENTS MAKES SERVICES ARE INTENDED, BUT NOT PROMISED OR GUARANTEED, TO BE CURRENT, COMPLETE, OR UP-TO-DATE AND SHOULD IN NO REPRESENTATION WAY BE TAKEN AS AN INDICATION OF FUTURE RESULTS. IN NO EVENT WILL CU*ANSWERS, OR WARRANTY THAT ITS RELATED PARTNERSHIPS OR CORPORATIONS, OR THE INVENTIONPARTNERS, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES AGENTS OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT EMPLOYEES THEREOF BE LIABLE TO CREDIT UNION OR ANYONE ELSE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS DECISION MADE OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, ACTION TAKEN IN RELIANCE ON THE INFORMATION PROVIDED OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVESPECIAL OR SIMILAR DAMAGES, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implicationCU*ANSWERS DOES NOT GUARANTEE THAT DATA SUBMITTED OR HELD IN STORAGE ON OR THROUGH ITS SYSTEMS WILL BE SECURE FROM UNAUTHORIZED ACCESS OR WILL BE FREE OF ERRORS OR OMISSIONS. CREDIT UNION UNDERSTANDS THAT CERTAIN RISKS ARE INHERENT IN THE TRANSMISSION OF INFORMATION, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; orAND CU*ANSWERS SHALL INCUR NO LIABILITY FOR THE BREACH OF DATA UNLESS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CU*ANSWERS. (e) An obligation to furnish any knowEXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, NO WARRANTY OR ASSURANCE, EXPRESS, IMPLIED, OR STATUTORY, IS GIVEN BY CU*ANSWERS WITH RESPECT TO SOFTWARE, SERVICES, BRAND MARKS, OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION (AND CU*ANSWERS SPECIFICALLY DISCLAIMS) ALL WARRANTIES OF TITLE, NON-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Warranties. 17.1 This license You expressly acknowledge and agree that use of the associated INVENTION are Font So£ware is at Your sole risk. Except as may be otherwise provided WITHOUT WARRANTY OF MERCHANTABILITY for herein, the Font So£ware and related documentation is provided “AS IS” and without warranty of any kind and LETTERMIN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR OTHERWISE. LETTERMIN DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. LETTER- MIN WILL IN NO EVENT BE LIABLE TO THE LICENSED USER OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE THIRD PARTY FOR ANY LOST PROFITSDIRECT, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEOR INCIDENTAL DAMAGES, OR OTHER SPECIAL INCLUDING DAMAGES SUFFERED BY LICENSEEFROM LOSS OF BUSINESS PROFITS, SUBLICENSEESBUSINESS INTERRUPTION, JOINT VENTURESLOSS OF DATA, OR AFFILIATES LOSS OF BUSI- NESS INFORMATION, ARISING OUT OF THE USE OR RELATED INABILITY TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTUSE THE PRODUCT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS LETTERMIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEUnder no cir- cumstances will Lettermin’s liability exceed the cost of substitution or the replacement of the Font So£ware, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESthe choice between which is at the sole discretion of Lettermin. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license 10.1. Each of Catchpoint Systems and Customer hereby represents and warrants to the associated INVENTION are provided WITHOUT other that it has all necessary rights and authority: (i) to enter into this Agreement; and (ii) to perform its obligations hereunder. 10.2. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF ANY OF THE SERVICE FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR FROM A COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, CATCHPOINT SYSTEMS SPECIFICALLY DISCLAIMS ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR THE CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE SERVICE, AND CATCHPOINT SYSTEMS DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR- FREE OR SECURE OR OPERATE IN COMBINATION WITH ANY OTHER WARRANTYHARDWARE, EXPRESSED SOFTWARE, SYSTEM OR IMPLIED. REGENTS MAKES NO REPRESENTATION DATA; (B) THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR WARRANTY THAT EXPECTATIONS; (C) THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED REPORTED DATA WILL BE ACCURATE OR RELIABLE; (D) THE PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEINFORMATION, OR OTHER SPECIAL DAMAGES SUFFERED MATERIAL RECEIVED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, CUSTOMER THROUGH THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.EXPECTATIONS;

Warranties. 17.1 This license For the avoidance of doubt the Third Party Products and the associated INVENTION Serviced are provided by or through NMS and not Bank; accordingly, Merchant acknowledges and agrees that Bank will have absolutely no liability for the performance or operation (or lack thereof) of any Third Party Products or Services. Additionally, Merchant acknowledges and agrees that NMS is only a reseller of, or referral source, for Third Party Products and Services, and as such, NMS shall not in any way be liable for the performance or operation (or lack thereof) of Third Party Products and Services and neither NMS nor Bank makes any warranties, representations or covenants with respect thereto. Any and all warranties, representations or covenants regarding Third Party Products and Services, if any, are and will be governed by the terms and conditions pursuant to which the Third Party Provider makes the applicable Third Party Products and Services available to Merchant. In the event that NMS resells any Third Party Products and Services to Merchant, it will pass through any warranties made available to NMS by the applicable Third Party Provider that such Third Party Provider permits to be passed through to Merchant. NEITHER NMS NOR BANK MAKES ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE THIRD PARTY PRODUCTS AND SERVICES AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR TITLE, AVAILABILITY, RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTNONINFRINGEMENT, OR FOR ANY INDIRECTARISING FROM COURSE OF PERFORMANCE, INCIDENTALDEALING, CONSEQUENTIAL, PUNITIVE, USAGE OR OTHER SPECIAL DAMAGES SUFFERED TRADE. THIRD PARTY PRODUCTS AND SERVICES ARE BEING PROVIDED “AS-IS” BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND THROUGH NMS (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED EVEN BEING PROVIDED THEREBY), AND NEITHER NMS NOR BANK WARRANTS THAT THEY WILL MEET MERCHANT’S REQUIREMENTS OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESBE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR FREE, OR THAT ANY ERRORS WILL BE CORRECTED. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license (a) Supplier warrants that the Products supplied hereunder will (i) be free from defects in material and workmanship; (ii) conform to the associated INVENTION are provided WITHOUT Specifications; (iii) not be (a) adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, as amended or (b) an article which may not be introduced in interstate commerce within the provisions of Sections 404 and 405 of such Act, as amended; (iv) otherwise be produced in accordance with applicable cGMPs to the extent such cGMPs affect salability of the Products; and (v) to Supplier’s knowledge, not infringe any patent, or trademark right of any third party. (b) EXCEPT AS EXPRESSLY SET FORTH HEREIN OR STATED IN THE LABELING AND INFORMATION PROVIDED BY SUPPLIER AND ACCOMPANYING EACH OF THE PRODUCTS, SUPPLIER MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDAND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED. REGENTS MAKES NO REPRESENTATION OR WARRANTY CARDINAL ASSUMES ALL RISK AND LIABILITY THAT MAY RESULT FROM THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED USE OF THE POSSIBILITY OF SUCH DAMAGESPRODUCTS WHETHER USED SINGLY OR IN COMBINATION WITH OTHER PRODUCTS. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEECardinal shall not give or make any guarantees, SUBLICENSEESwarranties, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS representations as to the validitycondition, enforceability quality, durability, performance, merchantability or scope fitness for a particular use or purpose or any other feature of any REGENTS' PATENT RIGHTS; or (b) A Product or other than or different from those provided by Supplier hereunder. Any such other guarantee, warranty or representation that anything madecondition, usedwhether express or implied, or SOLD under made by Cardinal to its customers shall be and remain the sole responsibility of Cardinal and shall not impose any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; orobligation on Supplier. (c) An obligation to bring or prosecute actions or suits against third parties for patent infringementNEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR, except as provided in Article 18; or (d) Conferring by implicationAND EACH PARTY WAIVES ANY AND ALL CLAIMS AGAINST THE OTHER PARTY FOR, estoppelALL SPECIAL, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined hereinINDIRECT, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSCONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, WHICH MAY BE CAUSED BY, OR IN ANY WAY RESULT FROM, THE PRODUCTS OR WHICH MAY ARISE UNDER OR AS A RESULT OF THIS AGREEMENT, INCLUDING ANY SUCH DAMAGES RESULTING FROM DELAYS IN DELIVERY, OR FAILURE TO DELIVER, ANY PRODUCT. OR PURCHASE OR FAILURE TO PURCHASE ANY PRODUCT, WHETHER BASED ON NEGLIGENCE, TORT, BREACH OF WARRANTY, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION.

Warranties. 17.1 This license (a) DSI represents and warrants that all such Professional Services shall be performed in a professional and workmanlike manner in accordance with generally accepted industry standards. For any breach of this warranty, Subscriber's exclusive remedy and DSI's entire liability shall be the associated INVENTION are provided re-performance of the applicable Professional Services. (b) EXCEPT AS EXPRESSLY STATED HEREIN, THE PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT. PARTIES DISCLAIM ALL REPRESENTATIONS OR WARRANTIES THAT: (I) THE USE OF THE SERVICES OR API SHALL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (II) THE SERVICES OR API SHALL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (III) ANY STORED DATA SHALL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES SHALL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (V) ERRORS OR DEFECTS SHALL BE CORRECTED; (VI) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS-IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY NON-INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT ASSIGNED OR LICENSED PERMITTED BY REGENTS’ INVENTORS TO THIRD APPLICABLE LAW BY THE PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license You expressly acknowledge and agree that use of the associated INVENTION are Font Software is at Your sole risk. Except as may be otherwise provided WITHOUT WARRANTY OF MERCHANTABILITY for herein, the Font Software and related documentation is provided “AS IS” and without warranty of any kind and LETTERMIN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR OTHERWISE. LETTERMIN DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. LETTERMIN WILL IN NO EVENT BE LIABLE TO THE LICENSED USER OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE THIRD PARTY FOR ANY LOST PROFITSDIRECT, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEOR INCIDENTAL DAMAGES, OR OTHER SPECIAL INCLUDING DAMAGES SUFFERED BY LICENSEEFROM LOSS OF BUSINESS PROFITS, SUBLICENSEESBUSINESS INTERRUPTION, JOINT VENTURESLOSS OF DATA, OR AFFILIATES LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR RELATED INABILITY TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTUSE THE PRODUCT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS LETTERMIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEUnder no circumstances will Lettermin’s liability exceed the cost of substitution or the replacement of the Font Software, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESthe choice between which is at the sole discretion of Lettermin. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WE MAKE NO WARRANTY, EXPRESSED OR IMPLIED, TO YOU CONCERNING ONLINE BANKING, ANY OF THE SERVICES OR FEATURES ACCESSED THROUGH ONLINE BANKING, MONEY MANAGER SERVICES, SOFTWARE, WEB BROWSERS, APPS ACCESSED THROUGH THE INTERNET, OR ANY INTERNET SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT REQUIRED BY LAW. REGENTS MAKES ALL IMPLIED WARRANTIES ARE DISCLAIMED. IN NO EVENT SHALL ANY LICENSOR OR SERVICE PROVIDER OF ANY SOFTWARE OR SERVICE PROVIDED BY OR THROUGH US HEREUNDER BE LIABLE TO YOU FOR ANY ERROR, LOSS OF DATA, MALFUNCTION, OR DEFECT OF OR CAUSED BY SUCH SOFTWARE OR SERVICE. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY THIRD-PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE INVENTIONUSE OF ONLINE BANKING. NO ADVICE OR INFORMATION, REGENTS’ PATENT RIGHTSWHETHER ORAL OR WRITTEN, LICENSED PRODUCTSOBTAINED BY YOU FROM US OR THROUGH OR FROM YOUR USE OF ONLINE BANKING WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF ONLINE BANKING AND THE ONLINE BANKING SERVICES IS AT YOUR SOLE RISK. ONLINE BANKING IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR IN CONNECTION WITH THE USE OF ONLINE BANKING IS OBTAINED AT YOUR OWN DISCRETION AND RISK, LICENSED SERVICES AND WE OR LICENSED METHOD WILL OUR SERVICE PROVIDERS ARE NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE RESPONSIBLE FOR ANY LOST PROFITS, COSTS DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR ANY LOSS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION DATA THAT RESULTS FROM THE DOWNLOAD OF ANY KIND (INCLUDNG TORTSUCH MATERIAL, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR WHETHER DUE TO ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES COMPUTER VIRUS OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESOTHERWISE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided LESSOR WARRANTS TO LESSEE, SO LONG AS NO EVENT OF DEFAULT OR EVENT WHICH, WITH THE GIVING OF NOTICE, THE PASSAGE OF TIME, OR BOTH, WOULD CONSTITUTE AN EVENT OF DEFAULT, HAS OCCURRED, LESSOR WILL NOT DISTURB LESSEE'S QUIET AND PEACEFUL POSSESSION AND UNRESTRICTED USE OF THE EQUIPMENT. LESSOR MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT WARRANTY LIMITATION, THE DESIGN OR CONDITION OF MERCHANTABILITY THE EQUIPMENT OR ITS MERCHANTABILITY, SUITABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, AND HEREBY DISCLAIMS ANY SUCH WARRANTY. OTHER THAN THE ABOVE WARRANTY WITH RESPECT TO QUIET AND PEACEFUL POSSESSION AND UNRESTRICTED USE OF THE EQUIPMENT, LESSEE SPECIFICALLY WAIVES ALL RIGHTS TO MAKE A CLAIM AGAINST LESSOR FOR BREACH OF ANY OTHER WARRANTY. LESSEE LEASES THE EQUIPMENT "AS IS." IN NO EVENT SHALL LESSOR HAVE ANY LIABILITY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONNOR SHALL LESSEE HAVE ANY REMEDY AGAINST LESSOR, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITSLIABILITY, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESCLAIM, LOST BUSINESSLOSS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTDAMAGE, OR FOR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR ANY INDIRECTDEFICIENCY OR DEFECT THEREOF OR THE OPERATION, INCIDENTAL, CONSEQUENTIAL, PUNITIVEMAINTENANCE, OR OTHER SPECIAL REPAIR THEREOF OR ANY CONSEQUENTIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTYAS THAT TERM IS USED IN SECTION 2-719(3) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESMODEL UNIFORM COMMERCIAL CODE, AS AMENDED FROM TIME TO TIME ("UCC"). REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEELessor grants to Lessee, SUBLICENSEESfor the sole purpose of prosecuting a claim, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is the benefits of any and all warranties made available by the manufacturer or will be construed as: (a) A warranty or representation by REGENTS as the vendor of the Equipment to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSextent assignable.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY SELLER EXPRESSLY WARRANTS THAT ALL GOODS FURNISHED PER ANY CONTRACT RESULTING FROM THE PO WILL: CONFORM TO ALL SPECIFICATIONS AND APPLICABLE LAWS, REGULATIONS, AND STANDARDS; WILL BE NEW, NOT USED, REFURBISHED OR RECONSTITUTED; WILL BE FREE FROM DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; AND THAT SELLER HAS GOOD TITLE AND AUTHORITY TO TRANSFER TITLE TO THE GOODS COVERED BY THE PO. SELLER WARRANTS THAT ALL SUCH GOODS, AND THE DISTRIBUTION, SALE AND USE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYSUCH GOODS, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE UPON ANY PATENT PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS INTELLECTUAL PROPERTY RIGHT IN ANY RELEVANT JURISDICTION. SELLER WARRANTS THAT ALL SUCH GOODS WILL CONFORM TO ANY STATEMENTS MADE ON THE CONTAINERS, LABELS OR ADVERTISEMENTS FOR SUCH GOODS, AND THAT ANY GOODS WILL BE ADEQUATELY CONTAINED, PACKAGED, MARKED, AND LABELED. SELLER WARRANTS THAT ALL GOODS FURNISHED WILL BE MERCHANTABLE, AND WILL BE SAFE AND APPROPRIATE FOR THE PURPOSE FOR WHICH GOODS OF THAT KIND ARE NORMALLY USED. IF SELLER KNOWS OR HAS REASON TO KNOW THE PARTICULAR PURPOSE FOR WHICH BUYER INTENDS TO USE THE GOODS, SELLER WARRANTS THAT SUCH GOODS WILL BE FIT FOR SUCH PARTICULAR PURPOSE. SELLER WARRANTS THAT GOODS FURNISHED WILL CONFORM IN ALL RESPECTS TO SAMPLES. INSPECTION, TEST, ACCEPTANCE OR USE OF THE GOODS FURNISHED WILL NOT BE LIABLE FOR ANY LOST PROFITSAFFECT SELLER'S OBLIGATION UNDER THIS WARRANTY, COSTS OF PROCURING SUBSTITUTE GOODS AND SUCH WARRANTIES WILL SURVIVE INSPECTION, TEST, ACCEPTANCE, AND USE. XXXXXX AGREES TO REPLACE OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION CORRECT DEFECTS OF ANY KIND (INCLUDNG TORTGOODS NOT CONFORMING TO THE FOREGOING WARRANTIES PROMPTLY, CONTRACTWITHOUT EXPENSE TO BUYER, NEGLIGENCEWHEN NOTIFIED OF SUCH NONCONFORMITY BY BUYER, STRICT LIABILITYPROVIDED BUYER ELECTS TO PROVIDE SELLER WITH THE OPPORTUNITY TO DO SO. IN THE EVENT OF FAILURE OF SELLER TO CORRECT DEFECTS IN OR REPLACE NONCONFORMING GOODS PROMPTLY, BUYER, AFTER REASONABLE NOTICE TO SELLER, MAY MAKE SUCH CORRECTIONS OR REPLACE SUCH GOODS AND CHARGE SELLER FOR THE COST INCURRED BY BUYER IN DOING SO. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER MAY NOT LIMIT IN ANY MANNER THE TYPE OR AMOUNT OF DAMAGES TO WHICH BUYER IS ENTITLED FOR BREACH BY SELLER OF THESE WARRANTIES. THE WARRANTIES HEREIN EXTEND TO BUYER, RETAILERS, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF RETAILERS’ CUSTOMERS. THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEWARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.AND ANY

Warranties. 17.1 This license 7.1 DevFactory warrants that it has the right to enter into this Agreement and grant the associated INVENTION are provided rights and licenses set forth herein, and that all Services performed under this Agreement shall be performed in a workmanlike and professional manner. 7.2 EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, ANY AND ALL SERVICES, DELIVERABLES, CUSTOMIZATIONS, DOCUMENTATION, CONFIDENTIAL INFORMATION AND ANY OTHER TECHNOLOGY OR MATERIALS PROVIDED BY DEVFACTORY TO THE CLIENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF MERCHANTABILITY ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTNONINFRINGEMENT. 17.2 REGENTS WILL NOT BE LIABLE 7.3 CLIENT’S SOLE REMEDY FOR ANY LOST PROFITS, COSTS FAILURE OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR THE FOREGOING WARRANTY AND EXCLUSIVE REMEDY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION FAILURE OF ANY KIND OF SERVICES OR DELIVERABLES SUBMITTED BY DEVFACTORY SHALL BE (INCLUDNG TORTI) TO OBTAIN THE REPAIR, CONTRACT, NEGLIGENCE, STRICT LIABILITYREPLACEMENT, AND BREACH CORRECTION OF WARRANTYTHE DEFECTIVE SERVICES OR DELIVERABLES BY DEVFACTORY IN ACCORDANCE WITH SECTION 1.4, OR (II) TO OBTAIN A CREDIT EQUAL TO THE AMOUNTS ATTRIBUTABLE TO THE DEFECTIVE SERVICES OR DELIVERABLES WITH SUCH CREDIT TO BE UTILIZED FOR A FUTURE DELIVERABLE (THE “WORK CREDIT”). SHOULD A WORK CREDIT BE ISSUED, IT SHALL BE APPLIED TO THE PURCHASE OF ADDITIONAL WORK ABOVE AND BEYOND WORK PERFORMED FOR THE MINIMUM FEE (AS DEFINED IN SCHEDULE A) AND SHALL NOT, EXCEPT AS PROVIDED BELOW, REDUCE PAYMENTS DUE OR PAYABLE TO DEVFACTORY UNDER THE AGREEMENT. THE MINIMUM FEE SHALL BE APPLIED TO ALL WORK PERFORMED BEFORE ANY WORK CREDITS ARE APPLIED, AND UNUSED WORK CREDITS SHALL CARRY OVER TO FUTURE YEARS (“WORK CREDIT BALANCE”). IF CERTAIN TYPES OF SERVICES ARE CONSISTENTLY LEADING TO THE ACCUMULATION OF WORK CREDITS, CLIENT AND DEVFACTORY SHALL WORK TOGETHER IN GOOD FAITH TO ALLOCATE WORK CREDITS TO THE TYPES OF SERVICES THAT CAN BE SUCCESSFULLY DELIVERED BY DEVFACTORY, PROVIDED THAT CLIENT HAS A NEED FOR SUCH SERVICE (EVEN IF REGENTS THAT NEED HAD BEEN FULFILLED BY EMPLOYEES OR OTHER PROVIDERS). IF (A) CLIENT HAS BEEN ADVISED APPLIED ITS WORK CREDITS AND SERVICE REQUESTS TO THE RECOMMENDED SERVICES AS DESCRIBED ABOVE AND (B) THE WORK CREDIT BALANCE EXCEEDS 10% OF THE POSSIBILITY PREVIOUS YEAR’S MINIMUM FEE, AND (C) DEVFACTORY HAS NOT WORKED IN GOOD FAITH UNDER THIS AGREEMENT, THEN THE CURRENT YEAR’S MINIMUM FEE SHALL BE REDUCED BY THE DIFFERENCE BETWEEN THE WORK CREDIT BALANCE AND 10% OF SUCH DAMAGESTHE PREVIOUS YEAR’S MINIMUM FEE. REGENTS WILL NOT THE WORK CREDIT BALANCE SHALL BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED REDUCED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESSAME AMOUNT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT.. for reference only 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, PERMITTED SUBCONTRACTORS, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 1818 (Patent Infringement); or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license Seller warrants that it has title to Coke delivered under this Agreement, that Coke will be free from all liens, encumbrances, and security interests, that the associated INVENTION are provided Coke shall have physical properties that conform to the Product Specifications, and that Seller will perform all of its obligations under the Agreement in all material respects in accordance with all applicable laws and regulations relating to Seller’s manufacture and delivery of Coke. EXCEPT AS SET FORTH IN THE PRECEDING PARAGRAPH, SELLER MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED WITH RESPECT TO ANY PRODUCT, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT WARRANTY OF MERCHANTABILITY OR LIMITATION, WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. SELLER’S SOLE OBLIGATION AND LIABILITY, AND BUYER’S EXCLUSIVE REMEDY, FOR PRODUCT DEFECTS SHALL BE, AT SELLER’S OPTION, TO REPLACE SUCH DEFECTIVE PRODUCT OR ANY OTHER WARRANTYREFUND TO BUYER THE AMOUNT PAID BY BUYER THEREFOR, EXPRESSED IN EITHER OF WHICH CASES, BUYER SHALL, IF REQUESTED BY SELLER AND AT SELLER’S COST, RETURN THE DELIVERED PRODUCT TO SELLER. IN NO EVENT SHALL SELLER’S LIABILITY FOR FAILURE OF COKE TO CONFORM TO THE PRODUCT SPECIFICATIONS EXCEED THE LESSER OF: (A) BUYER’S PURCHASE PRICE FOR THE COKE THAT IS THE SUBJECT OF THE APPLICABLE CLAIM; OR IMPLIED(B) $* (U.S. DOLLARS *). REGENTS MAKES IN NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT EVENT SHALL SELLER BE LIABLE FOR TO BUYER OR TO ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVEPUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTPRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY SELLER, CONTRACTOR THE USE OR INABILITY TO USE THE SAME, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided (a) ESOP WARRANTS THAT ANY AND ALL SERVICES PROVIDED HEREUNDER SHALL BE PERFORMED IN A WORKMANLIKE MANNER CONSISTENT WITH THE MEASURES ESOP TAKES TO PROTECT ITS OWN INFORMATION OF A SIMILAR NATURE, BUT IN NO CASE LESS THAN A REASONABLE LEVEL OF CARE. EXCEPT AS SPECIFIED IN THIS AGREEMENT, ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT WARRANTY LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTSATISFACTORY QUALITY, OR FOR ANY INDIRECTARISING FROM A COURSE OF DEALING, INCIDENTAL, CONSEQUENTIAL, PUNITIVEUSAGE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEETRADE PRACTICE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS ARE HEREBY EXCLUDED TO THE EXTENT ASSIGNED OR LICENSED ALLOWED BY REGENTS’ INVENTORS TO THIRD PARTIESAPPLICABLE LAW. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything madeEACH PARTY MUST NOTIFY THE OTHER PARTIES PROMPTLY UPON LEARNING OF ANY CLAIMED BREACH OF ANY WARRANTY AND, usedTO THE EXTENT ALLOWED BY APPLICABLE LAW, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; orSUCH PARTY’S REMEDY FOR BREACH OF THIS WARRANTY SHALL BE SUBJECT TO THE LIMITATION OF LIABILITY AND CONSEQUENTIAL DAMAGES WAIVER IN THIS AGREEMENT. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. (c) An obligation Depositor warrants that to bring or prosecute actions or suits against third parties for patent infringement, except as its knowledge all Depositor information provided in Article 18; orhereunder is accurate and reliable and undertakes to promptly correct and update such Depositor information during the Term of this Agreement. (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents Beneficiary warrants that all Beneficiary information provided hereunder is accurate and reliable and undertakes to promptly correct and update such Beneficiary information during the Term of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSthis Agreement.

Warranties. 17.1 This license and the associated INVENTION are provided VENDOR WARRANTS THAT ALL GOODS, INCLUDING WITHOUT WARRANTY LIMITATION, ANY SERVICES OR INSTALLATION PROVIDED BY VENDOR TO TMI: (A) ARE FREE OF MERCHANTABILITY DEFECTS IN TITLE, LABOR, MATERIAL, FABRICATION OR FITNESS PROCESSING, (B) CONFORM TO APPLICABLE SPECIFICATIONS, DRAWINGS, SAMPLES OR IN OTHER DESCRIPTIONS PROVIDED TO OR BY THE VENDOR, (C) ARE FIT FOR A THEIR INTENDED PURPOSES, (D) ARE MERCHANTABLE, (E) ARE FREE OF DESIGN DEFECTS AND (F) ARE FIT FOR ANY PARTICULAR PURPOSE WHICH TMI MADE KNOWN TO VENDOR BY ANY METHOD OR ANY OTHER WARRANTYMEDIUM. THESE WARRANTIES SHALL RUN TO TMI, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONITS SUCCESSORS, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYASSIGNS AND CUSTOMERS, AND TO BUYERS, USERS AND CONSUMERS OF THE GOODS. IN ADDITION TO ALL OTHER REMEDIES PROVIDED BY THE UCC FOR BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF , VENDOR AT ITS OWN EXPENSE SHALL REPLACE, INSTALL OR CORRECT PROMPTLY ANY GOODS NOT CONFORMING TO THESE WARRANTIES, AND TMI MAY CHARGE THE POSSIBILITY OF SUCH DAMAGESVENDOR ALL COSTS INCURRED IN CORRECTING OR REPLACING GOODS NOT CORRECTED OR REPLACED BY THE VENDOR. REGENTS WILL NOT BE LIABLE NEITHER THESE WARRANTIES, ANY IMPLIED WARRANTIES NOR ANY REMEDY FOR ANY DIRECT DAMAGES SUFFERED BREACH OF WARRANTY MAY BE DISCLAIMED OR LIMITED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESVENDOR IN ANYWAY. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license Cogix represents and warrants to Licensee that it is the associated INVENTION are provided owner of the copyright to the Licensed Software, and that, to its knowledge, the Licensed Software does not infringe upon any copyright, trade secret, trademark or other proprietary or intellectual property right of any third party. LIMITATION OF LIABILITY. THE SOFTWARE IS PROVIDED, AND CLIENT ACCEPTS IT, "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO ITS PERFORMANCE, ACCURACY OR COMPLETENESS. CLIENT IS ADVISED NOT TO RELY, AND HEREBY REPRESENTS THAT IT SHALL NOT RELY ON SUCH, FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COGIX DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDPURPOSE. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS, COSTS LOSS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECTDATA, INCIDENTAL, CONSEQUENTIAL, PUNITIVESPECIAL, OR OTHER SPECIAL PUNITIVE DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, OR NATURE WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, NEGLIGENCE, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), AND BREACH OF WARRANTY) OR OTHERWISE, EVEN IF REGENTS THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE LOSS OR DAMAGE ARISING FROM ANY MATTER RELATING TO THIS AGREEMENT; IN NO EVENT SHALL COGIX LIABILITY EXCEED THE COMPENSATION PAID BY CLIENT TO COGIX UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESPRECEDING TWELVE MONTH PERIOD. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided THE DEPARTMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GATEWAY SERVICE, THE APPRISS SERVICE INFORMATION, PMP DATA, PMP USER DATA. OR ANY SUPPORT OR OTHER SERVICES PROVIDED BY APPRISS INCLUDING, WITHOUT WARRANTY LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL PURPOSE.APPRISS DOES NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: WARRANT THAT: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTSTHE GATEWAY SERVICE WILL OPERATE UNINTERRUPTED; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third partiesALL GATEWAY SERVICE ERRORS CAN BE CORRECTED; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18THE GATEWAY SERVICE MEETS ALL OF HEALTHCARE ENTITY’S BUSINESS REQUIREMENTS; or OR (d) Conferring by implicationTHE PMP DATA IS COMPLETE, estoppelACCURATE OR ERROR-FREE. HEALTHCARE ENTITY ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE SUITABILITY OF THE GATEWAY SERVICE FOR ITS REQUIREMENTS. HEALTHCARE ENTITY ACKNOWLEDGES AND AGREES THAT PMP DATA IS PROVIDED BY THE PMPs. NEITHER APPRISS NOR ITS LICENSORS SHALL HAVE ANY LIABILITY IN THE EVENT THAT A PMP DENIES HEALTHCARE ENTITY’S REQUEST TO ACCESS PMP DATA OR REVOKES HEALTHCARE ENTITY’S ACCESS TO PMP DATA, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSOR IF PMP DATA IS UNAVAILABLE FOR ANY REASON. HEALTHCARE ENTITY ACCEPTS THE PMP DATA AND ANY PRESCRIPTION HISTORY SERVICES BASED ON THE PMP DATA ON AN “AS IS” “AS AVAILABLE” BASIS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; oror for reference only (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 1818 (Patent Infringement); or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license A. As its exclusive warranties, Seller warrants to Buyer that, at the Delivery Point: (i) the Product shall conform to the specifications specifically set forth in Article I, Section O and (ii) title to the associated INVENTION are provided WITHOUT WARRANTY Product shall be free from any security interest, lien, or encumbrance. EXCEPT AS SPECIFICALLY SET FORTH IN THE PRECEDING SENTENCE, (I) BUYER ACKNOWLEDGES AND AGREES THAT XXXX NITROGEN, AND ITS RESPECTIVE AFFILIATES HAVE NOT MADE, DO NOT MAKE, AND EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, COVENANTS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF MERCHANTABILITY LAW OR OTHERWISE, AS TO THE MERCHANTABILITY, QUANTITY, CONDITION, OR QUALITY OF THE PRODUCT OR ITS SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE OR ANY OTHER USE AND (II) THE PRODUCT IS SOLD "AS IS". B. Seller's liability, and Buyer's exclusive remedy, for any cause of action arising out of or related to the breach of the warranty above, is, at Buyer's option, limited to (i) replacement of the non-conforming Product at the Delivery Point or (ii) a refund to Buyer of the portion of the Price allocable to such non conforming Product. IN NO EVENT WILL SELLER'S CUMULATIVE LIABILITY UNDER THE AGREEMENT EXCEED THE TOTAL SALES PRICE OF THE PRODUCT OR THE COST OF SUBSTITUTE PRODUCT, WHETHER ARISING UNDER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTGUARANTEE, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH INDEMNIFICATION, FAILURE OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED ESSENTIAL PURPOSE OR ANY OTHER CAUSE OR COMBINATION OF CAUSES WHATSOEVER. WITHOUT LIMITATION ON THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT FOREGOING, UNDER NO CIRCUMSTANCES SHALL EITHER XXXX NITROGEN OR BUYER BE LIABLE OR HAVE ANY RESPONSIBILITY TO THE OTHER OR ANY OTHER THIRD PARTY FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEINDIRECT, SUBLICENSEESSPECIAL, JOINT VENTURES CONSEQUENTIAL, EXEMPLARY, OR AFFILIATES ARISING OUT OF PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST EARNINGS, LOST PROFITS, OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESBUSINESS INTERRUPTION. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY EXCEPT AS SET FORTH IN ARTICLE VII HEREOF, SECTION 13 OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THE INTELLECTUAL PROPERTY AGREEMENT AND SECTION 5.3 OF THE PATENT LICENSE AGREEMENT, PURCHASER ACKNOWLEDGES THAT NONE OF THE SELLING COMPANIES, THEIR REPRESENTATIVES OR ANY OTHER PERSON HAS MADE ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, AT LAW OR IN EQUITY, WITH RESPECT TO THE TRANSFERRED ASSETS OR IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREBY, AND ANY SUCH REPRESENTATIONS OR WARRANTIES ARE HEREBY DISCLAIMED. REGENTS MAKES NO PURCHASER ACKNOWLEDGES THAT, SHOULD THE INITIAL CLOSING (AND SUBSEQUENT CLOSINGS) OCCUR, PURCHASER SHALL ACQUIRE THE TRANSFERRED ASSETS WITHOUT ANY REPRESENTATION OR WARRANTY THAT THE INVENTIONWARRANTY, REGENTS’ PATENT RIGHTSEXPRESSED OR IMPLIED, LICENSED PRODUCTSAT LAW OR IN EQUITY, LICENSED SERVICES AS TO MERCHANTABILITY OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FITNESS FOR ANY LOST PROFITSPARTICULAR PURPOSE, COSTS OF PROCURING SUBSTITUTE GOODS IN AN “AS IS” CONDITION AND ON A “WHERE IS” BASIS, EXCEPT AS OTHERWISE EXPRESSLY REPRESENTED OR SERVICESWARRANTED IN THE ACQUISITION AGREEMENTS. PURCHASER FURTHER ACKNOWLEDGES THAT, LOST BUSINESSSHOULD THE INITIAL CLOSING (AND SUBSEQUENT CLOSINGS) OCCUR, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTPURCHASER SHALL ACQUIRE THE APPLICABLE TRANSFERRED ASSETS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESSED OR FOR ANY INDIRECTIMPLIED, INCIDENTALAT LAW OR IN EQUITY, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS AS TO THE EXTENT ASSIGNED ENFORCEABILITY OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESVALIDITY THEREOF, EXCEPT AS OTHERWISE EXPRESSLY REPRESENTED OR WARRANTED IN THE ACQUISITION AGREEMENTS. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license WISC warrants that the services provided hereunder will be provided in a workmanlike manner. Services not provided in a workmanlike manner will be retendered. WISC also agrees that as to software programs and equipment purchased or acquired for Customer pursuant to this Agreement that WISC will seek repair, replacement or refund on behalf of Customer pursuant to the associated INVENTION are provided WITHOUT WARRANTY terms of the applicable agreement if such products do not conform to the vendor or manufacturer warranty. WISC MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SERVICE, PROGRAM OR ANY OTHER WARRANTYEQUIPMENT AVAILABLE THROUGH WISC, EXPRESSED WHETHER DEVELOPED BY WISC OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONLICENSED, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTPURCHASED, OR FOR ANY INDIRECTOTHERWISE OBTAINED BY WISC FROM A THIRD PARTY. CUSTOMER, INCIDENTALIN USING A PROGRAM, CONSEQUENTIALSERVICE OR EQUIPMENT PROVIDED BY WISC, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED WILL BE DEEMED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED HAVE ACKNOWLEDGED THE ADEQUACY OF THE POSSIBILITY OF SUCH DAMAGESPROGRAM, SERVICE OR EQUIPMENT FOR ITS INTENDED USE AFTER SEVEN (7) DAYS USE BY CUSTOMER. REGENTS WILL IN ADDITION, WISC SHALL ONLY BE REQUIRED TO PASS THROUGH THE MANUFACTURER OR VENDOR WARRANTY GRANTED TO WISC. CUSTOMER IS NOT BE LIABLE FOR WAIVING ANY DIRECT DAMAGES SUFFERED MANUFACTURER OR VENDOR WARRANTIES IF MADE AVAILABLE TO CUSTOMER BY LICENSEE, SUBLICENSEES, JOINT VENTURES ANY MANUFACTURER OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESVENDOR. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided (a) ESCROW AGENT WARRANTS ANY AND ALL SERVICES PROVIDED HEREUNDER SHALL BE PERFORMED IN A WORKMANLIKE MANNER AND IN A MANNER CONSISTENT WITH THE MEASURES ESCROW AGENT TAKES TO PROTECT ITS OWN INFORMATION OF A SIMILAR NATURE, BUT IN NO CASE LESS THAN A REASONABLE LEVEL OF CARE. EXCEPT AS SPECIFIED IN THIS SECTION, ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT WARRANTY LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTSATISFACTORY QUALITY, OR FOR ANY INDIRECTARISING FROM A COURSE OF DEALING, INCIDENTAL, CONSEQUENTIAL, PUNITIVEUSAGE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEETRADE PRACTICE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS ARE HEREBY EXCLUDED TO THE EXTENT ASSIGNED OR LICENSED ALLOWED BY REGENTS’ INVENTORS APPLICABLE LAW. AN AGGRIEVED PARTY MUST NOTIFY ESCROW AGENT PROMPTLY UPON LEARNING OF ANY CLAIMED BREACH OF ANY WARRANTY AND, TO THIRD PARTIESTHE EXTENT ALLOWED BY APPLICABLE LAW, SUCH PARTY’S REMEDY FOR BREACH OF THIS WARRANTY SHALL BE SUBJECT TO THE LIMITATION OF LIABILITY AND CONSEQUENTIAL DAMAGES WAIVER IN THIS AGREEMENT. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation Depositor warrants that anything made, used, or SOLD under any license granted in this AGREEMENT all Depositor information provided hereunder is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents accurate and patent applications under REGENTS' PATENT RIGHTSreliable.

Warranties. 17.1 This license (a) Lessee acknowledges that Lessor is not the manufacturer of the Property nor the manufacturer’s agent nor a dealer therein. The Property is of a size, design, capacity, description and manufacture selected by the associated INVENTION are provided Lessee. Lessee is satisfied that the Property is suitable and fit for its purposes. LESSEE AGREES THAT LESSOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION AS TO: (i) THE DESCRIPTION, CONDITION, DESIGN, QUALITY OR PERFORMANCE OF THE PROPERTY OR QUALITY OR CAPACITY OF MATERIALS OR WORKMANSHIP IN THE PROPERTY; (ii) ITS MERCHANTABILITY OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE WHETHER OR NOT DISCLOSED TO LESSOR; AND (iii) DELIVERY OF THE PROPERTY FREE OF THE RIGHTFUL CLAIM OF ANY PERSON BY WAY OF INFRINGEMENT OR THE LIKE. LESSOR EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. If the Software is not properly installed, does not function as represented or warranted by original licensor, or is unsatisfactory for any reason, Lessee shall make any claim on account thereof solely against original licensor and shall nevertheless pay all sums payable under the Lease, Lessee hereby waiving the right to make any such claims, against Lessor. Lessor shall not be liable to Lessee for any loss, damage or expense of any kind or nature caused, directly or indirectly, by the Property or the use, possession or maintenance thereof, or the repair, service or adjustment thereof, or by any delay or failure to provide any such maintenance, repair, service or adjustment, or by any interruption of service or loss of use thereof (including without limitation, Lessee’s use of or right to use any Software) or for any loss of business howsoever caused. (b) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE LEASE, LESSOR SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO LESSEE OR ANY OTHER WARRANTYTHIRD PARTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER SPECIAL EXEMPLARY DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES THE TRANSACTION CONTEMPLATED HEREUNDER, WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, LOSS OF ACTION ANTICIPATED PROFITS, OR BENEFITS OF USE OR LOSS OF BUSINESS, EVEN IF LESSOR IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LEASE WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE SEVERABLE FROM ANY OTHER PROVISION AND BREACH IS A SEPARABLE AND INDEPENDENT ELEMENT OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT RISK ALLOCATION AND IS INTENDED TO BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESENFORCED AS SUCH. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation Lessor assigns to bring or prosecute actions or suits against third parties for patent infringementLessee all assignable warranties on the Property, except including without limitation any warranties described in Lessor’s purchase contract, which assignment shall be effective only (i) during the Initial Period and any extensions thereof, and (ii) so long as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents no Event of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSDefault exists.

Warranties. 17.1 This license and the associated INVENTION are provided Baroda M CLIP wallet SERVICES ARE PROVIDED ON AN “AS IS” AND ON A “WHEN AVAILABLE” BASIS. USE OF Baroda M CLIP wallet IS AT YOUR OWN RISK. Baroda M CLIP wallet IS PROVIDED WITHOUT WARRANTY WARRANTIES OF MERCHANTABILITY ANY KIND, WHETHER EXPRESS OR FITNESS IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO (a) IMPLIED WARRANTIES OF MERCHANTABILITY, (b) APPLICABILITY FOR A PARTICULAR PURPOSE PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Baroda M CLIP wallet OR ITS ISSUERS OR OTHER RELATED SERVICE PROVIDERS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Baroda M CLIP wallet, ITS ISSUERS, ITS PROCESSORS, ITS PROVIDERS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT Baroda M CLIP wallet WILL MEET YOUR REQUIREMENTS; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT Baroda M CLIP wallet SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT Baroda M CLIP wallet IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Baroda M CLIP wallet IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. Baroda M CLIP wallet DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH Baroda M CLIP wallet OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER WARRANTYADVERTISING, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD AND Baroda M CLIP wallet WILL NOT INFRINGE BE A PARTY TO OR IN ANY PATENT WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Baroda M CLIP wallet, ITS ISSUERS, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY LOST PROFITSDIRECT, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESINDIRECT, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECTPUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVEOR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEEINTANGIBLE LOSSES, SUBLICENSEESTHAT RESULT FROM THE USE OF, JOINT VENTURESINABILITY TO USE, OR AFFILIATES ARISING OUT UNAVAILABILITY OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESBaroda M CLIP wallet. REGENTS UNDER NO CIRCUMSTANCES WILL NOT Baroda M CLIP wallet BE LIABLE RESPONSIBLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEDAMAGE, SUBLICENSEESLOSS, JOINT VENTURES OR AFFILIATES ARISING OUT INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF Baroda M CLIP wallet, YOUR Baroda M CLIP wallet ACCOUNT, OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESINFORMATION CONTAINED THEREIN. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license KRT warrants that at the time of the final inspection by the Customer, the Work will conform to the specifications set forth on the WIS. Any warranty given by KRT excludes any acts, omissions, conditions or events affecting or relating to the Grass or the Work not caused by KRT, including but not limited to, improper maintenance, excess or insufficient watering, unsuitable soil conditions, the presence of toxic elements in the soil or water (including salt), the existence or use of pre-emergents or herbicides, abnormal weather conditions, and the associated INVENTION are provided WITHOUT acts or omissions of others. KRT shall have no liability for any deterioration in quantity or quality of the Grass after the Customer approves the Work in accordance with Section 11 of this Agreement. It will be the Customer’s responsibility to provide soil, water, and/or tissue analysis from any lab approved by KRT in its reasonable discretion, should any alleged breach by KRT occur. EXCEPT FOR THE SPECIFIC WARRANTY SET FORTH IN THIS SECTION, KRT DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, AND THE CUSTOMER EXPRESSLY WAIVES, ANY OTHER WARRANTIES OF ANY KIND, RELATING TO THE WORK OR THE GRASS INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ANY OTHER WARRANTYWARRANTIES CONCERNING THE QUALITY, EXPRESSED COMPOSITION, OR CHARACTERISTICS OF THE WORK OR THE GRASS, REGARDLESS OF WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ALLEGEDLY ARISING FROM ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, USAGE OF TRADE OR FROM ANY COURSE OF DEALING. THE CUSTOMER AGREES THAT IT IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF KRT OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THAN AS EXRESSLY SET FORTH IN THIS AGREEMENT FOR ALL CAUSES AND THAT NO OTHER REPRESENTATIONS AND WARRANTIES HAVE BEEN MADE BY KRT. THE PROVISIONS OF ACTION THIS SECTION 12 SHALL SURVIVE TERMINATION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESTHIS AGREEMENT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT Lessee agrees that it has selected each item of Equipment based upon its own judgment. LESSEE ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT: THE EQUIPMENT IS OF A SIZE, DESIGN, CAPACITY, DESCRIPTION AND MANUFACTURE SELECTED BY THE LESSEE; LESSEE HAS RELIED ON ITS OWN SKILL AND EXPERIENCE IN SELECTING THE EQUIPMENT AND LESSEE IS SATISFIED THAT THE EQUIPMENT IS SUITABLE AND FIT FOR ITS PURPOSES; AND LESSOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY WITH RESPECT TO THE EQUIPMENT, EXPRESS OR IMPLIED, AND LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR AS TO THE QUALITY, CONDITION OR CAPACITY OF THE EQUIPMENT OR THE MATERIALS IN THE EQUIPMENT OR WORKMANSHIP OF THE EQUIPMENT, LESSOR’S TITLE TO THE EQUIPMENT , OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT WHATSOEVER. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY EQUIPMENT OR THE INVENTIONUSE OR MAINTENANCE THEREOF OR THE FAILURE OR OPERATION THEREOF, REGENTS’ PATENT RIGHTSOR BY ANY DELAY OR FAILURE TO PROVIDE ANY SUCH MAINTENANCE, LICENSED PRODUCTSREPAIRS, LICENSED SERVICES SERVICE OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL ADJUSTMENT LESSOR SHALL NOT BE LIABLE FOR DAMAGES OF ANY LOST PROFITSKIND, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESINCLUDING ANY LIABILITY FOR CONSEQUENTIAL DAMAGES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF THE USE OF OR RELATED THE INABILITY TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED USE THE EQUIPMENT. NO DEFECT OR UNFITNESS OF THE POSSIBILITY EQUIPMENT AND NO FAILURE ON THE PART OF SUCH DAMAGESTHE MANUFACTURER OR THE SHIPPER OF THE EQUIPMENT OR ANY OTHER THIRD-PARTY SERVICE PROVIDER TO DELIVER THE EQUIPMENT OR ANY PART THEREOF OR TO PROVIDE ANY SERVICE THEREOF TO LESSEE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR ANY OTHER OBLIGATION HEREUNDER. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEELessor shall have no obligation in respect of the Equipment and shall have no obligation to install, SUBLICENSEESerect, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing test, adjust or service the Equipment. Lessee shall look only to persons other than Lessor such as the manufacturer, vendor or carrier thereof should any item of Equipment for any reason and in this AGREEMENT any way be defective. To the extent permitted by the manufacturer and/or vendor and provided Lessee is or will be construed as: (a) A warranty or representation by REGENTS as not in default under the Lease, Lessor shall make available to Lessee all manufacturer and/or vendor warranties with respect to the validityEquipment. All such risks, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything madeas between Lessor and Lessee, used, or SOLD under any license granted in this AGREEMENT is or will are to be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring borne by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSLessee.

Warranties. 17.1 This license and the associated INVENTION are provided ABT REPRESENTS AND WARRANTS THAT THE SERVICES SHALL BE PERFORMED (A) IN A MANNER CONSISTENT WITH INDUSTRY STANDARDS APPLICABLE TO THE PERFORMANCE THEREOF; AND (B) IN COMPLIANCE IN ALL MATERIAL RESPECTS TO WITH THE SERVICE LEVELS SET FORTH IN THE SERVICE LEVEL DOCUMENT AND THE SPECIFICATIONS SET FORTH IN THE SERVICE DOCUMENTATION PROVIDED TO CLIENT FOR SUCH SERVICES; (C) ABT HAS THE REQUISITE CORPORATE POWER AND AUTHORITY AND THE RIGHT TO ENTER INTO THE AGREEMENT, AND TO PERFORM THE SERVICES; AND (D) NEITHER THE SERVICES NOR THE ABT SOFTWARE PROVIDED TO CLIENT INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. XXX AGREES TO OBTAIN ALL NECESSARY REGULATORY APPROVALS, LICENSES, PERMISSIONS, AUTHORIZATIONS, AND/OR PERMITS APPLICABLE TO ITS BUSINESS AND AS REQUIRED TO PROVIDE THE SERVICES. CLIENT SHALL PROMPTLY NOTIFY ABT IF SUCH SERVICES DO NOT CONFORM TO THE FOREGOING WARRANTIES. CLIENT’S SOLE AND EXCLUSIVE REMEDY AND ABT’S SOLE OBLIGATION FOR A BREACH OF THE WARRANTIES SET FORTH IN CLAUSES (A) OR (B) ABOVE SHALL BE FOR ABT TO, AT ITS OPTION, RE-PERFORM THE DEFECTIVE SERVICES AT NO ADDITIONAL COST TO CLIENT, OR, IN THE CASE OF A BREACH OF A SERVICE LEVEL, TO ISSUE A CREDIT IN AN AMOUNT AS PROVIDED IN THE SERVICE LEVEL DOCUMENT ATTACHED HERETO AS EXHIBIT A. THE FOREGOING WARRANTIES SHALL NOT APPLY TO ISSUES OR DEFECTS TO THE EXTENT SUCH ISSUES OR DEFECTS (A) ARE CAUSED BY FACTORS OUTSIDE OF ABT’S REASONABLE CONTROL, (B) RESULTED FROM ANY ACTIONS, INACTIONS, OR MISUSE OF CLIENT, ANY END USER OR ANY THIRD PARTY, OR (C) RESULTED FROM CLIENT’S SOFTWARE, EQUIPMENT OR DATA OR ANY OTHER SOFTWARE, EQUIPMENT OR DATA NOT PROVIDED BY ABT IN CONNECTION WITH THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 27, THE SERVICES AND ALL SOFTWARE, EQUIPMENT AND OTHER ITEMS ARE PROVIDED BY ABT ON AN “AS-IS, WHERE IS” BASIS, WITH ALL FAULTS, AND ABT DISCLAIMS, AND CLIENT HEREBY WAIVES, ANY AND ALL WARRANTIES OR TERMS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT WARRANTY OF LIMITATION, ANY IMPLIED TERMS, CONDITIONS OR WARRANTIES RELATING TO SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. ABT PERSONNEL MAY FROM TIME TO TIME RECOMMEND THIRD PARTY SOFTWARE OR ANY OTHER WARRANTYPRODUCTS AND SERVICES FOR CLIENT’S CONSIDERATION AND MAY ALSO MAKE AVAILABLE TO CLIENT THIRD PARTY PRODUCTS OR SERVICES, EXPRESSED INCLUDING THIRD PARTY APPLICATIONS THROUGH DEPLOYMENT OR IMPLIEDIMPLEMENTATION TOOLS. REGENTS SUCH THIRD PARTY SOFTWARE, APPLICATIONS, PRODUCTS AND SERVICES ARE PROVIDED BY ABT ON AN “AS-IS, WHERE IS” BASIS, WITH ALL FAULTS, AND ABT MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING ANY SOFTWARE, APPLICATIONS, PRODUCTS OR SERVICES THAT ARE NOT PURCHASED FROM ABT OR PRODUCED/MANUFACTURED BY ABT, AND ABT DISCLAIMS, AND CLIENT HEREBY WAIVES, ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, TO THE INVENTIONMAXIMUM EXTENT PERMITTED BY LAW, REGENTS’ PATENT RIGHTSINCLUDING WITHOUT LIMITATION ANY IMPLIED TERMS, LICENSED PRODUCTSCONDITIONS OR WARRANTIES RELATING TO SATISFACTORY QUALITY, LICENSED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. CLIENT’S USE OF ANY SUCH SOFTWARE, APPLICATIONS, PRODUCTS OR SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITSIS GOVERNED BY THE TERMS OF CLIENT’S AGREEMENT WITH THE PROVIDER OF SUCH SOFTWARE, COSTS OF PROCURING SUBSTITUTE GOODS APPLICATIONS, PRODUCTS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES . ANY SERVICES THAT XXX IS NOT CONTRACTUALLY OBLIGATED TO PROVIDE BUT THAT ABT XXX PERFORM FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR CLIENT AT CLIENT’S REQUEST AND WITHOUT ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESADDITIONAL CHARGE ARE PROVIDED ON AN AS-IS BASIS. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license SIMBA warrants for a period of ninety (90) days from the date the PROGRAM is delivered to you that the PROGRAM shall substantially conform to SIMBA provided written specifications. In the event of any alleged breach of the above express warranties, you shall report the details of such alleged breach in writing to SIMBA within the specified ninety (90) day warranty period. If such alleged breach is reported as required and substantiated by SIMBA, your exclusive remedies shall be, at SIMBA’s sole option, for SIMBA to promptly repair or replace the associated INVENTION are provided PROGRAM or any portion thereof necessary to remedy the breach or to refund the fees actually received by SIMBA for this license. EXCEPT AS SET FORTH ABOVE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE PROGRAM IS AT YOUR SOLE RISK. SIMBA, AND ANY APPLICABLE LICENSORS, PROVIDES THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, ANY DOCUMENTATION AND SUPPORT) ON AN "AS IS", “WHERE IS” BASIS WITHOUT ANY WARRANTY OF MERCHANTABILITY ANY KIND, EITHER EXPRESS, IMPLIED OR STATUORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONACCURACY, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY NON-INFRINGEMENT, OR FOR ANY INDIRECTCONDITION ARISING FROM COURSE OF PERFORMANCE, INCIDENTAL, CONSEQUENTIAL, PUNITIVECOURSE OF DEALING OR USAGE OF TRADE. XXXXX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURESTHAT THE OPERATION OF THE PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED, OR AFFILIATES ARISING OUT OF THAT DEFECTS IN PROGRAM WILL BE CORRECTED. FURTHERMORE, SIMBA DOES NOT WARRANT OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF MAKE ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE POSSIBILITY USE OF SUCH DAMAGESTHE PROGRAM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. REGENTS WILL NOT BE LIABLE FOR NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIMBA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT WAY INCREASE THE SCOPE OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESTHIS WARRANTY. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY WE ARE NOT A SELLER, SUPPLIER OR MANUFACTURER (AS SUCH TERMS ARE DEFINED OR USED IN THE UCC), OR DEALER, NOR A SELLER’S OR DEALER’S AGENT. THE EQUIPMENT IS LEASED HEREUNDER “AS IS”, AND WE HAVE NOT MADE, AND HEREBY DISCLAIM LIABILITY FOR, AND YOU HEREBY WAIVE ALL RIGHTS AGAINST US RELATING TO, ANY AND ALL WARRANTIES, REPRESENTATIONS OR OTHER OBLIGATIONS OF ANY KIND WITH RESPECT TO THE EQUIPMENT, EITHER EXPRESS OR IMPLIED, ARISING BY APPLICABLE LAW OR OTHERWISE, INCLUDING (i) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE USE OR ANY PURPOSE, (ii) COURSE OF DEALING OR USAGE OR TRADE OR (iii) COMPLIANCE WITH APPLICABLE LAW, TITLE OR FREEDOM FROM LIENS (OTHER WARRANTYTHAN LIENS CREATED BY US), EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONTRADEMARK, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY COPYRIGHT INFRINGEMENT, AND LATENT DEFECTS (WHETHER OR FOR ANY INDIRECTNOT DISCOVERABLE); it being agreed that all such risks, INCIDENTALare to be borne by You; and Our agreement to enter into this Agreement is in reliance upon the freedom from and complete negation of liability or responsibility for the matters waived and disclaimed herein. You hereby waive any claim against Us for any indirect, CONSEQUENTIALincidental or consequential damages to or losses resulting from any matter whatsoever. So long as no Event of Default has occurred and is continuing, PUNITIVEWe will not disturb Your quiet and peaceful possession, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEEand use of the Equipment. In addition, SUBLICENSEESso long as no Event of Default has occurred and is continuing, JOINT VENTURESWe hereby transfer to You any warranties made to Us by the manufacturer, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTvendor or supplier, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as with respect to the validityEquipment, enforceability during the term of Your Summary Schedule and We shall take all actions and execute all documents reasonably requested by You to effect such transfer and to confer upon You all benefits of such warranties. We are not responsible for any liability, claim, loss, damage or scope expense of any REGENTS' PATENT RIGHTS; or kind (bincluding strict liability in tort) A warranty caused by the Equipment except for any loss or representation that anything madedamage caused by Our willful misconduct or grossly negligent acts. In no event are We responsible for special, used, incidental or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSconsequential damages.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT ANY PROJECT INTELLECTUAL PROPERTY, PATENT RIGHTS, LICENSED PRODUCTS AND ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, COMMERCIAL UTILITY, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, OR TITLE. Each party shall be responsible for any and all costs, damages, claims, liabilities or judgments which arise as a result of the negligence or intentional wrongdoing of its employees or other agents. GW WILL NOT BE LIABLE TO SPONSOR , ITS AFFILIATES, SUBLICENSEES, SUCCESSORS OR ASSIGNS, OR ANY OTHER WARRANTYTHIRD PARTY WITH RESPECT TO ANY CLAIM: ARISING FROM SPONSOR’S USE OF ANY PROJECT INTELLECTUAL PROPERTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS OR ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT; OR ARISING FROM THE DEVELOPMENT, TESTING, MANUFACTURE, USE OR SALE OF LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS . GW WILL NOT BE LIABLE TO SPONSOR, ITS AFFILIATES, SUBLICENSEES, SUCCESSORS OR ASSIGNS, OR ANY THIRD PARTY FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTBUSINESS INTERRUPTION, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER SPECIAL CONSEQUENTIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESKIND. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and The following replaces any Section for “Disclaimer of Warranty” in the associated INVENTION are provided License Agreement in its entirety: EXCEPT AS EXPRESSLY SET FORTH HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL SOFTWARE, DOCUMENTATION, CONFIDENTIAL INFORMATION AND ANY OTHER TECHNOLOGY OR MATERIALS PROVIDED BY SERVICE PROVIDER TO THE CUSTOMER ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF MERCHANTABILITY ANY KIND. EXCEPT AS OTHERWISE STATED IN THIS LICENSE AGREEMENT, SERVICE PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, AND NONINFRINGEMENT. THE TERMS IMPLIED BY SECTIONS 3-5 OF THE SUPPLY OF GOODS AND SERVICES XXX 0000 ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE CONTRACT. The following replaces any Section for “Services Warranty” in the SaaS Terms in its entirety: Service Provider warrants that all services performed hereunder shall be performed with reasonable skill and care. The following replaces any Section for “Disclaimer of Warranties” in the SaaS Terms in its entirety: ANY AND ALL OF SOFTWARE, SERVICES, CONFIDENTIAL INFORMATION AND ANY OTHER WARRANTYTECHNOLOGY OR MATERIALS PROVIDED BY SERVICE PROVIDER TO THE CUSTOMER ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN SECTION 6 OF THESE SAAS TERMS, EXPRESSED SERVICE PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. REGENTS THE TERMS IMPLIED BY SECTIONS 3-5 OF THE SUPPLY OF GOODS AND SERVICES XXX 0000 ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE CONTRACT. The following replaces any Section for “Warranty” in the Support Terms in its entirety: Service Provider warrants all services performed under these Support Terms shall be performed with reasonable skill and care. EXCEPT AS OTHERWISE STATED IN THESE SUPPORT TERMS, SERVICE PROVIDER MAKES NO REPRESENTATION OTHER WARRANTIES, EXPRESS OR WARRANTY THAT THE INVENTIONIMPLIED INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FITNESS FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTA PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE TERMS IMPLIED BY SECTIONS 3-5 OF THE SUPPLY OF GOODS AND SERVICES XXX 0000 ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE CONTRACT. The following replaces any Section for “Warranty” in the Services Terms in its entirety: Service Provider warrants that it has the right to enter into these Services Terms and that all Services performed under this Services Agreement shall be performed with reasonable skill and care. EXCEPT AS OTHERWISE STATED IN THESE SERVICES TERMS, SERVICE PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEA PARTICULAR PURPOSE, OR OTHER SPECIAL DAMAGES SUFFERED NONINFRINGEMENT. THE TERMS IMPLIED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED SECTIONS 3-5 OF THE POSSIBILITY SUPPLY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEGOODS AND SERVICES XXX 0000 ARE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE FULLEST EXTENT ASSIGNED OR LICENSED PERMITTED BY REGENTS’ INVENTORS TO THIRD PARTIESLAW, EXCLUDED FROM THE CONTRACT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license With respect to the Solutions, Arctic Wolf makes only those limited warranties made directly to Customers as set forth in its MSA and no warranty is extended to Partner or any third party, unless otherwise specified in the associated INVENTION are provided WITHOUT Terms to this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, ARCTIC WOLF, ITS SUPPLIERS AND LICENSORS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE SOLUTIONS, DOCUMENTATION, AND ANY OTHER SERVICES FURNISHED AND/OR CONTEMPLATED HEREUNDER, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW, REPRESENTATION STATEMENTS, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NONINFRINGEMENT. PARTNER ACKNOWLEDGES AND AGREES THAT ARCTIC WOLF, ITS SUPPLIERS AND LICENSORS, DO NOT WARRANT THAT THE SOLUTIONS, DOCUMENTATION, AND ANY OTHER WARRANTYSERVICES FURNISHED HEREUNDER WILL MEET PARTNER OR ITS CUSTOMERS’ REQUIREMENTS, EXPRESSED BE UNINTERRUPTED, TIMELY, SECURE OR IMPLIEDERROR FREE. REGENTS MAKES NO REPRESENTATION OR ARCTIC WOLF, ITS SUPPLIERS AND LICENSORS, DO NOT MAKE ANY WARRANTY THAT AS TO THE INVENTIONRESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SOLUTIONS, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYDOCUMENTATION, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESOTHER SERVICES FURNISHED HEREUNDER. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license Safety-Kleen expressly warrants that at the time of transfer of title, Safety-Kleen shall (A) hold full and unencumbered legal and equitable title to the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY Product, and (B) have full right, authority and power to transfer and convey such title to Purchaser and to effect delivery of the Product to Purchaser. Additionally, Safety-Kleen expressly warrants that at the time of transfer of title the Product shall conform to the Specifications. OTHER THAN THE FOREGOING, THERE ARE NO GUARANTEES OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYWARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR SUITABILITY OF THE PRODUCT FOR ANY PARTICULAR PURPOSE. REGENTS MAKES THERE ARE NO REPRESENTATION OTHER ORAL OR WARRANTY THAT WRITTEN GUARANTEES OR WARRANTIES EXCEPT AS PROVIDED HEREIN. PURCHASER’S SOLE AND EXCLUSIVE REMEDIES AGAINST SAFETY-KLEEN FOR ANY LIABILITY WITH RESPECT TO THE INVENTIONPRODUCT, REGENTS’ PATENT RIGHTSWHETHER ANY CLAIM FOR RECOVERY IS BASED UPON OR ARISES OUT OF THEORIES OF CONTRACT, LICENSED PRODUCTS, LICENSED SERVICES TORT OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT OTHERWISE SHALL BE REFUND OF THE PURCHASE PRICE. IN NO EVENT SHALL SAFETY-KLEEN BE LIABLE FOR ANY LOST PROFITSSPECIAL, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIALPUNITIVE OR CONSEQUENTIAL DAMAGES, PUNITIVEWHETHER BASED IN CONTRACT, WARRANTY, INDEMNITY OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, NEGLIGENCE OR STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS PURCHASER EXPRESSLY WARRANTS THAT PRODUCT PURCHASED FROM SAFETY-KLEEN WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED RESOLD TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESSAFETY-KLEEN’S EXISTING BASE OIL CUSTOMERS. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY CIIS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT END-USER’S USE OF MERCHANTABILITY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND END- USER AGREES THAT FROM TIME TO TIME CIIS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS LICENSE AGREEMENT. END-USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. CIIS AND ITS DIRECT AND INDIRECT PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, CIIS AND ITS DIRECT AND INDIRECT PARENT COMPANIES, SUBSIDIARIES AND OTHER WARRANTYAFFILIATES AND THEIR RESPECTIVE OFFICERS, EXPRESSED OR IMPLIED. REGENTS MAKES DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND RESELLERS MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE INVENTIONSERVICE WILL MEET END-USER’S REQUIREMENTS; (II) END-USER’S USE OF THE SERVICE WILL BE TIMELY, REGENTS’ PATENT RIGHTSUNINTERRUPTED, LICENSED PRODUCTSSECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY END-USER AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO END-USER AS PART OF THE SERVICE WILL BE CORRECTED. TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LICENSED SERVICES CIIS DOES NOT GUARANTEE OR LICENSED METHOD WILL NOT INFRINGE WARRANT THAT ANY PATENT CONTENT END-USER MAY STORE OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS ACCESS THROUGH THE SERVICE WILL NOT BE LIABLE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, ATTACK, VIRUSES, INTERFERENCE, HACKING, SECURITY INTRUSION, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS LICENSE AGREEMENT, AND CIIS SHALL NOT BE RESPONSIBLE AND DISCLAIMS ANY LIABILITY RELATING THERETO SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT END-USER’S OWN DISCRETION AND RISK, AND END-USER WILL BE SOLELY RESPONSIBLE FOR ANY LOST PROFITSDAMAGE TO END- USER’S DEVICE, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTCOMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. END-USER FURTHER ACKNOWLEDGES THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEUSE IN ALL SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR OTHER SPECIAL DAMAGES SUFFERED ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY LICENSEETHE SERVICE IS PROHIBITED BY LAW OR REGULATION OR COULD LEAD TO DEATH, SUBLICENSEES, JOINT VENTURESPERSONAL INJURY, OR AFFILIATES ARISING OUT OF SEVERE PHYSICAL OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESENVIRONMENTAL DAMAGE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT 9.1 EACH PARTY HEREBY REPRESENTS AND WARRANTS THAT IT HOLDS ALL NECESSARY LICENCES, CONSENTS AND PERMISSIONS AS MAY BE NECESSARY TO FULFIL ITS OBLIGATIONS HEREUNDER AND SHALL COMPLY WITH ALL LAWS, GUIDELINES OR CODES OF ANY GOVERNMENTAL AUTHORITY. 9.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY OF MERCHANTABILITY TO THE OTHER OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS OR IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF ANY OF THE SERVICES PROVIDED UNDER THIS AGREEMENT, OR AS TO ANY OTHER WARRANTYMATTER, EXPRESSED ALL SUCH WARRANTIES HEREBY BEING EXPRESSLY EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 9.3 NOTHING HEREIN CONTAINED SHALL BE CONSTRUED OR IMPLIEDHAVE EFFECT AS CONSTITUTING ANY JOINT VENTURE, PARTNERSHIP OR RELATIONSHIP OF EMPLOYER OR EMPLOYEE OR PRINCIPAL AND AGENT BETWEEN THE PARTIES. REGENTS MAKES NO REPRESENTATION OR WARRANTY ACCORDINGLY, EACH PARTY REPRESENTS, WARRANTS AND UNDERTAKES TO THE OTHER PARTY THAT THE INVENTIONNEITHER IT NOR ANY OF ITS EMPLOYEES, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OFFICERS OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTPERSONNEL SHALL, OR FOR ANY INDIRECTSHALL PURPORT TO BE ABLE TO, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR BIND THE OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS PARTY TO THIRD PARTIESPARTIES IN ANY MANNER WHATSOEVER OR TO INCUR LIABILITIES ON THE OTHER PARTY'S BEHALF. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided A. ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED, AND THE WORK TO BE PERFORMED IN ACCORDANCE WITH THE SPECIFICATIONS SUBMITTED FOR THE ABOVE WORK AND COMPLETED IN A SUBSTANTIALLY WORKMANLIKE MANNER. B. BUILDER AGREES TO PROMPTLY MAKE GOOD, WITHOUT COST TO OWNER, ANY AND ALL DEFECTS DUE TO FAULTY WORKMANSHIP WHICH MAY APPEAR WITHIN ONE (1) YEAR FROM THE DATE OF COMPLETION AND ACCEPTANCE OF THE WORK BY OWNER, PROVIDED THAT THE OWNER IS NOT IN BREACH OF THIS CONTRACT, INCLUDING HAVING PAID IN FULL PER THE CONTRACT TERMS ANY MONIES DUE. THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY PROVIDED BY BUILDER. C. ANY IMPLIED WARRANTY OF MERCHANTABILITY HABITABILITY EXTENDS ONLY TO THE CONDITIONS OF THE PROJECT AT THE TIME OF COMPLETION AND DOES NOT EXTEND TO ANY CONDITIONS NOT KNOWN OR UNDER THE CONTROL OF THE BUILDER AT THE TIME OF COMMENCEMENT OF THE PROJECT OR TO ANY DEFECT CAUSED BY CONDITIONS OCCURING SUBSEQUENT TO THE COMPLETION OF THE PROJECT. D. ANY IMPLIED WARRANTIES INCLUDING (BUT NOT LIMITED TO) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYHABITABILITY, AND BREACH GOOD WORKMANSHIP ARE DISCLAIMED AND LIMITED TO PROVISIONS OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESTHIS SECTION. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license SIMBA warrants for a period of ninety (90) days from the date the PROGRAM is delivered to you that the PROGRAM shall substantially conform to SIMBA provided written specifications. In the event of any alleged breach of the above express warranties, you shall report the details of such alleged breach in writing to SIMBA within the specified ninety (90) day warranty period. If such alleged breach is reported as required and substantiated by SIMBA, your exclusive remedies shall be, at SIMBA’s sole option, for SIMBA to promptly repair or replace the associated INVENTION are provided PROGRAM or any portion thereof necessary to remedy the breach or to refund the fees actually received by SIMBA for this license. EXCEPT AS SET FORTH ABOVE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE PROGRAM IS AT YOUR SOLE RISK. SIMBA, AND ANY APPLICABLE LICENSORS, PROVIDES THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, ANY DOCUMENTATION AND SUPPORT) ON AN "AS IS", “WHERE IS” BASIS WITHOUT ANY WARRANTY OF MERCHANTABILITY ANY KIND, EITHER EXPRESS, IMPLIED OR STATUORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONACCURACY, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY NON-INFRINGEMENT, OR FOR ANY INDIRECTCONDITION ARISING FROM COURSE OF PERFORMANCE, INCIDENTAL, CONSEQUENTIAL, PUNITIVECOURSE OF DEALING OR USAGE OF TRADE. SIMBA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURESTHAT THE OPERATION OF THE PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED, OR AFFILIATES ARISING OUT OF THAT DEFECTS IN PROGRAM WILL BE CORRECTED. FURTHERMORE, SIMBA DOES NOT WARRANT OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF MAKE ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE POSSIBILITY USE OF SUCH DAMAGESTHE PROGRAM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. REGENTS WILL NOT BE LIABLE FOR NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIMBA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT WAY INCREASE THE SCOPE OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESTHIS WARRANTY. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided 4.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT THE SOFTWARE AND DOCUMENTATION HAVE NOT BEEN PREPARED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND ARE SUBJECT ONLY TO THE EXPLICIT WARRANTIES AS SET FORTH IN THIS AGREEMENT. 4.2 TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, TERMS, CONDITIONS, REPRESENTATIONS AND UNDERTAKINGS THAT WOULD BE IMPLIED BY LAW, TRADE, CUSTOM, PRACTICE, COURSE OF DEALING, STATUTE OR OTHERWISE, INCLUDING WITH RESPECT TO LAPTOP OR LAPTOP SOFTWARE OR DOCUMENTATION (“IMPLIED TERMS”) AND WHICH ALIGN MAY BY APPLICABLE LAW EXCLUDE, ARE EXCLUDED FROM THIS AGREEMENT INCLUDING WITHOUT WARRANTY LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. ANY IMPLIED WARRANTY WHICH CANNOT BY APPLICABLE LAW BE EXCLUDED SHALL BE INCLUDED TO THE EXTENT REQUIRED BY APPLICABLE LAW. TO THE EXTENT PERMITTED BY LAW, OTHER THAN THE PROVISIONS SET OUT IN THIS AGREEMENT AND IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED BY ALIGN, THERE ARE NO OTHER WARRANTIES, TERMS, CONDITIONS, REPRESENTATIONS OR UNDERTAKINGS INCLUDED OR GIVEN BY ALIGN IN THIS AGREEMENT OR IN RELATION TO THE SOFTWARE AND/OR DOCUMENTATION AND ITS USE. 4.3 TO THE EXTENT PERMITTED BY LAW, ALIGN DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, THE DOCUMENTATION OR YOUR DOWNLOAD OR USE OF THE SOFTWARE OR DOCUMENTATION WILL BE ERROR-FREE, UNINTERRUPTED OR FREE OF VIRUSES OR HARMFUL COMPONENTS. THE SECURITY MECHANISMS IMPLEMENTED BY THE SOFTWARE HAVE INHERENT LIMITATIONS. 4.4 TO THE EXTENT PERMITTED BY LAW, ANY OTHER WARRANTYSTATEMENTS, EXPRESSED REPRESENTATIONS, ASSURANCES OR IMPLIED. REGENTS MAKES NO WARRANTIES MADE BY ALIGN EMPLOYEES OR REPRESENTATIVES ARE NOT PART OF THIS AGREEMENT UNLESS EXPRESSLY SET OUT IN THIS AGREEMENT AND YOU AGREE THAT YOU HAVE NOT RELIED UPON ANY SUCH STATEMENT, REPRESENTATIONS, ASSURANCES OR WARRANTIES WHEN ENTERING INTO THIS AGREEMENT AND YOU SHALL NOT HAVE ANY REMEDY IN RESPECT OF ANY STATEMENT, REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OF ANY PERSON OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT. NOTHING IN THIS SECTION SHALL OPERATE TO LIMIT OR LICENSED METHOD WILL NOT INFRINGE EXCLUDE ANY PATENT OR OTHER PROPRIETARY RIGHTLIABILITY FOR FRAUD. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: 4.5 You represent and warrant that: (a) A warranty you properly notified, obtained and will maintain all consents, permissions, rights, title and interest in and to any Content and Scans necessary to (i) assign Scans to Align, (ii) grant the Scan License and Content License, (ii) enable Align to exercise the Scan License and Content License and (iii) upload, submit or representation by REGENTS as otherwise transfer Content to the validity, enforceability or scope of any REGENTS' PATENT RIGHTSAlign Storage and Align Doctor’s Site; or and (b) A warranty or representation that anything madeyour and your Permitted Employees access to and use of Software will, usedat all times, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringementcomply with applicable laws, except as provided in Article 18; or (d) Conferring by implicationincluding without limitation, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSapplicable data protection laws.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY IDIGITAL IS PROVIDING THE SERVICE ON AN "AS IS" AND "WHERE IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE SERVICE. YOU ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE RISK THAT YOUR DATA WILL BE LOST, DESTROYED, DELETED, NOT FORWARDED OR ANY OTHER WARRANTYNOT RETRIEVED, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD IDIGITAL SERVICE WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTINACCESSIBLE FROM TIME TO TIME, OR FOR THAT USE OF THE SERVICE WILL EXPOSE YOU TO DAMAGE TO FILES, HARDWARE OR SOFTWARE, CAUSED BY ANY INDIRECTTHIRD PARTY SOFTWARE OR A COMPUTER VIRUS, INCIDENTALWORM, CONSEQUENTIAL, PUNITIVETROJAN HORSE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEEOUTSIDE INTERFERENCE WITH FILES OR EQUIPMENT. IF IN YOUR JURISDICTION DISCLAIMERS OF WARRANTIES ARE NOT ALLOWED, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED THEN THIS EXCLUSION SHALL APPLY TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED THE FULL EXTENT OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESLAW AS SO ALLOWED. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license Builder agrees to promptly make good, without cost to Owners, any and all defects due to faulty workmanship and/or materials which may appear within one (1) year from the associated INVENTION are provided WITHOUT date of completion and acceptance of the work by Owners. THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY PROVIDED BY Builder. IMPLIED WARRANTIES, INCLUDING (BUT NOT LIMITED TO) WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER PURPOSE, HABITABILITY, AND GOOD WORKMANSHIP ARE DISCLAIMED AND LIMITED TO THIS WARRANTY. Right to Cure. TEXAS LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST A CONTRACTOR, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONSUBCONTRACTOR, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTSUPPLIER, OR DESIGN PROFESSIONAL FOR ANY INDIRECTAN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME. SIXTY DAYS BEFORE YOU FILE YOUR LAWSUIT, INCIDENTALYOU MUST DELIVER TO THE CONTRACTOR, CONSEQUENTIALSUBCONTRACTOR, PUNITIVESUPPLIER, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEEDESIGN PROFESSIONAL A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR AND ANY SUBCONTRACTORS, SUBLICENSEES, JOINT VENTURESSUPPLIERS, OR AFFILIATES ARISING OUT OF DESIGN PROFESSIONALS THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND MAKE AN OFFER TO REPAIR OR RELATED TO THIS AGREEMENT PAY FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESALLEGED CONSTRUCTION DEFECTS. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, PERMITTED SUBCONTRACTORS, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 1818 (Patent Infringement); or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license 5.1 Each party represents and warrants that it has the associated INVENTION are provided full corporate power and authority to execute the Agreement and each Order Form. 5.2 THE SERVICES, AND ALL INFORMATION, REPORTS, ESTIMATES, CONTENT, AND OTHER MATERIALS PROVIDED OR MADE AVAILABLE TO CUSTOMER BY APP XXXXX IN CONNECTION WITH THE SERVICES AND AGREEMENT (THE “AA CONTENT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY WARRANTIES OF MERCHANTABILITY ANY KIND AND APP XXXXX DOES NOT GUARANTEE THE ACCURACY OR AVAILABILITY OF ANY SERVICES OR AA CONTENT. THE SERVICES AND AA CONTENT ARE NOT INTENDED AS, AND SHOULD NOT BE RELIED ON AS ADVICE, GUIDANCE, OR DIRECTION, AND CUSTOMER MUST USE ITS INDEPENDENT BUSINESS JUDGEMENT IN THE CONDUCT OF ITS BUSINESS. TO THE FULLEST EXTENT PERMITTED BY LAW, APP XXXXX DISCLAIMS ANY AND ALL OTHER WARRANTIES (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WHETHER ARISING BY A COURSE OF DEALING, USAGE OR ANY OTHER WARRANTY, EXPRESSED TRADE PRACTICE OR IMPLIEDCOURSE OF PERFORMANCE. REGENTS MAKES NO REPRESENTATION OR WARRANTY CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE INVENTIONSERVICES AND AA CONTENT PROVIDED HEREUNDER RELY ON AND/OR ARE BASED ON INFORMATION, REGENTS’ PATENT RIGHTSCONTENT, LICENSED PRODUCTSMATERIALS, LICENSED AND SERVICES OBTAINED THROUGH A VARIETY OF METHODOLOGIES FROM THIRD PARTY SOURCES THAT ARE NOT AFFILIATED WITH OR LICENSED METHOD WILL CONTROLLED BY APP XXXXX, AND ACCORDINGLY, APP XXXXX CANNOT AND DOES NOT INFRINGE MAKE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR REPRESENTATIONS AS TO, AND HEREBY DISCLAIMS ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES AND ALL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES ASSOCIATED WITH THE ADEQUACY, SUFFICIENCY, COMPLETENESS, CURRENCY, PROVENANCE, RIGHTS, OR OTHER ATTRIBUTES OF ACTION SUCH SERVICES AND AA CONTENT, OR APP ANNIE’S COLLECTION AND PROCESSING THEREOF. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF ANY KIND (INCLUDNG TORTFUTURE FUNCTIONALITY, CONTRACTOR ON ANY ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF APP XXXXX, NEGLIGENCEIN ITS PURCHASE OF THE SERVICES, STRICT LIABILITYNOR IS IT RELYING ON THE SERVICES OR AA CONTENT AS A SOURCE OF ADVICE, GUIDANCE, OR DIRECTION IN THE CONDUCT OF ITS BUSINESS, AND BREACH OF WARRANTYACCORDINGLY, ALL ACTS, OMISSIONS, AND DECISIONS CUSTOMER UNDERTAKES OR MAKES (OR REFRAINS FROM MAKING OR UNDERTAKING) EVEN IF REGENTS HAS BEEN ADVISED THROUGH THE USE OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEESERVICES, SUBLICENSEESAA CONTENT, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESOTHERWISE ARE CUSTOMER’S SOLE RESPONSIBILITY. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license Lessor grants to Lessee the benefit of any and all warranties made available by IBM in the associated INVENTION are provided WITHOUT Purchase Agreement. Lessor warrants that neither Lessor nor anyone acting or claiming through Lessor, by assignment or otherwise, will interfere with Lessee's quiet enjoyment of the use of the Equipment so long as no event of default shall have occurred and be continuing. EXCEPT FOR LESSOR'S WARRANTY OF QUIET ENJOYMENT, LESSOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. AS TO LESSOR, LESSEE LEASES THE EQUIPMENT AND TAKES THE ADDITIONAL TERMS AND CONDITIONS ON PAGES 2 THROUGH 4 ARE PART OF THIS AGREEMENT. LESSEE ACKNOWLEDGES THAT LESSEE HAS READ THIS AGREEMENT AND ITS SUPPLEMENT, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY THEIR TERMS AND CONDITIONS. FURTHER, LESSEE AGREES THAT THIS AGREEMENT AND ITS SUPPLEMENT ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, SUPERSEDING ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF. ACCEPTED BY: IBM CREDIT CORPORATION MICHAEL'S STORES, INC. --------------------------------------- By: /s/ R.E. Chuhth By: /s/ J. Xxxxxx Xxxxxx --------------------------------- ----------------------------------- Authorized Signature Authorized Signature R.E. Chuhth 3/16/88 By: J. Xxxxxx Xxxxxx 12/29/87 ------------------------------------ --------------------------------------- Name (Type or Print) (Date) Name (Type or Print) BRANCH OFFICE CENTRAL AGREEMENTS/CONTRACTS FILE ANY PROGRAMMING "AS IS." IN NO EVENT SHALL LESSOR HAVE ANY LIABILITY FOR, NOR SHALL LESSEE HAVE ANY REMEDY AGAINST LESSOR FOR, CONSEQUENTIAL DAMAGES, ANY LOSS OF PROFITS OR SAVINGS, LOSS OF USE, OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTCOMMERCIAL LOSS. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided THE SOFTWARE IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF MERCHANTABILITY ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMAPNY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR ANY OTHER WARRANTYTRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, EXPRESSED MSP360 PROVIDES NO WARRANTY OR IMPLIED. REGENTS UNDERTAKING, AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THE INVENTIONSOFTWARE WILL MEET YOUR REQUIREMENTS, REGENTS’ PATENT RIGHTSACHIEVE ANY INTENDED RESULTS, LICENSED PRODUCTSBE COMPATIBLE, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE WORK WITH ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITSSOFTWARE, COSTS OF PROCURING SUBSTITUTE GOODS SOFTWARES, SYSTEMS, OR SERVICES, LOST BUSINESSOPERATE WITHOUT INTERRUPTION, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTMEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR FOR THAT ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, ERRORS OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, DEFECTS CAN OR AFFILIATES ARISING OUT WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR RELATED TO THIS AGREEMENT FOR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED APPLY TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESYOU. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY You warrant to CNB that: Our Liability. WE ARE ONLY RESPONSIBLE FOR PERFORMING THE SERVICE AS EXPRESSLY STATED IN THIS ADDENDUM. THERE IS NO GUARANTEE THAT ACCESS TO THE SERVICE WILL BE AVAILABLE AT ALL TIMES, AND WE SHALL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICE. THE SERVICE IS PROVIDED “AS IS” AND, EXCEPT AS PROHIBITED BY LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE SERVICE, MOBILE APP, EQUIPMENT OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY OTHER WARRANTY, EXPRESSED PARTIES’ PROPRIETARY RIGHTS. IN NO CASE SHALL CNB OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT OF OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITSLOSS OF DATA, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESPROFIT, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTGOODWILL, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIALSPECIAL, PUNITIVE, INDIRECT, EXEMPLARY OR OTHER SPECIAL CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT ADDENDUM, THE MOBILE APP, THE SOFTWARE, THE EQUIPMENT OR THE SERVICE WHETHER OR NOT SUCH CLAIM FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS DAMAGES IS BASED ON TORT OR CONTRACT OR WHETHER WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, EXCEPT AS MAY BE REQUIRED BY LAW. REGENTS WILL IN STATES THAT DO NOT BE LIABLE ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEINDIRECT SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUBLICENSEESCNB’S AND OUR THIRD-PARTY Third-party Beneficiary. You agree that our Third-Party Service Providers may rely upon the provisions of this Addendum, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in including its disclaimer of warranties and any limitations of liability and that such Third-Party Service Providers are, for the purpose of this AGREEMENT is Addendum, third-party beneficiaries to this Addendum with the power to enforce this Addendum. Cancellation of the Service. You may cancel the Service at any time by calling our Customer Service Center at 1- 800-724-CNB1 and allowing us a reasonable opportunity to act upon your request. Our Right for Refusal of Checks or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope Items Presented and Termination of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An Service. We have no obligation to bring honor any instruction, in whole or prosecute actions in part, that: (i) we reasonably believe is used for any illegal or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, improper purpose or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.activity;

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WE WARRANT THAT THE SERVICES WILL CONFORM TO THE SERVICE DESCRIPTIONS UNDER NORMAL USE AND CONDITIONS. Kouo AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) Kouo’S SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) Kouo’S SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE Kouo’S SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT OUR SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE CONFORMING SERVICES, OR TO TERMINATE THE NON-CONFORMING SERVICES OR THE APPLICABLE ORDER, AND PROVIDE A PRO-RATED REFUND OF MERCHANTABILITY ANY PREPAID FEES FROM THE DATE YOU NOTIFY US OF THE NON-CONFORMANCE THROUGH THE END OF THE REMAINING TERM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMERS LOCATED IN THOSE JURISDICTIONS. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM Kouo OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. Kouo SHALL NOT BE LIABLE AND SHALL BE HELD HARMLESS FROM ANY DAMAGES RESULTING FROM THESE CONDITIONS UNDER TORT OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTLEGAL THEORY. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided (a) LICENSEE ACKNOWLEDGES THAT THE LICENSED SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF MERCHANTABILITY ANY KIND. LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE. LICENSOR DOES NOT WARRANT THE OPERATION OR USE OF THE LICENSED SOFTWARE IN ANY SPECIFIC SITUATION OR FOR ANY SPECIFIC APPLICATION. LICENSOR DOES NOT WARRANT THAT THE LICENSED SOFTWARE WILL MEET ALL THE REQUIREMENTS OF LICENSEE, OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL LICENSED SOFTWARE DEFECTS WILL BE CORRECTED. THE MODELING CAPABILITIES OF THE LICENSED SOFTWARE ARE BASED UPON DATA WHICH ARE BELIEVED TO BE RELIABLE. LICENSEE AGREES AND AFFIRMS THAT CONDITIONS CAN VARY FROM THOSE ENCOUNTERED WHEN AND WHERE LICENSOR OBTAINS ITS DATA AND THAT ACTUAL RESULTS MAY VARY DUE TO THE 3 of 8 IMPRECISE NATURE OF THE MODELING CAPABILITIES OF ANY LICENSED SOFTWARE PRODUCT, THE UNPREDICTABILITY OF CATASTROPHIC EVENTS, AND OTHER VARIABLES. ACCORDINGLY, LICENSOR MAKES NO WARRANTY, EXPRESSED GUARANTEE OR IMPLIEDOTHER REPRESENTATION AS TO THE EFFICACY AND CORRECTNESS OF THE LICENSED SOFTWARE OR THE DATA OR OTHER OUTPUT PRODUCED BY THE LICENSED SOFTWARE. REGENTS MAKES NO REPRESENTATION OR WARRANTY LICENSEE FURTHER AGREES THAT ALL RISKS ASSOCIATED WITH THE USE OF THE LICENSED SOFTWARE SHALL BE BORNE ENTIRELY BY LICENSEE. LICENSEE ACKNOWLEDGES AND ACCEPTS THAT THE INVENTIONLICENSED SOFTWARE IS ONE OF SEVERAL AND VARIOUS TOOLS TO BE UTILIZED IN CONDUCTING ITS ANALYSES, REGENTS’ PATENT RIGHTSAND SHOULD NOT, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS AND WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESRELIED UPON SOLELY IN MAKING FINAL DETERMINATIONS. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WE MAKE NO WARRANTY, EXPRESSED OR IMPLIED, TO YOU CONCERNING DIGITAL BANKING, ANY OF THE SERVICES OR FEATURES ACCESSED THROUGH DIGITAL BANKING, PFM SOFTWARE, WEB BROWSERS, APPS ACCESSED THROUGH THE INTERNET, OR ANY INTERNET SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT, EXCEPT TO THE EXTENT REQUIRED BY LAW. REGENTS MAKES ALL IMPLIED WARRANTIES ARE DISCLAIMED. IN NO EVENT SHALL ANY LICENSOR OR SERVICE PROVIDER OF ANY SOFTWARE OR SERVICE PROVIDED BY OR THROUGH US HEREUNDER BE LIABLE TO YOU FOR ANY ERROR, LOSS OF DATA, MALFUNCTION, OR DEFECT OF OR CAUSED BY SUCH SOFTWARE OR SERVICE. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY THIRD-PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE INVENTIONUSE OF DIGITAL BANKING. NO ADVICE OR INFORMATION, REGENTS’ PATENT RIGHTSWHETHER ORAL OR WRITTEN, LICENSED PRODUCTSOBTAINED BY YOU FROM US OR THROUGH OR FROM YOUR USE OF DIGITAL BANKING WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF DIGITAL BANKING AND THE DIGITAL BANKING SERVICES IS AT YOUR SOLE RISK. DIGITAL BANKING IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR IN CONNECTION WITH THE USE OF DIGITAL BANKING IS OBTAINED AT YOUR OWN DISCRETION AND RISK, LICENSED SERVICES AND WE OR LICENSED METHOD WILL OUR SERVICE PROVIDERS ARE NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE RESPONSIBLE FOR ANY LOST PROFITS, COSTS DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR ANY LOSS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION DATA THAT RESULTS FROM THE DOWNLOAD OF ANY KIND (INCLUDNG TORTSUCH MATERIAL, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR WHETHER DUE TO ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES COMPUTER VIRUS OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESOTHERWISE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license (a) By placing an order on xxxxxxx.xxxxxxxxxx.xxx, Customer represents and the associated INVENTION are provided warrants they have full right, power and authority to enter this transaction. (b) ANY DESCRIPTION OF THE GOODS CONTAINED ON ANY GRANITE WEBSITE DESCRIPTION, QUOTATION, PURCHASE ORDER, ORDER ACKNOWLEDGEMENT, XXXX OF LADING OR SALES INVOICE IS FOR THE SOLE PURPOSE OF IDENTIFYING THEM, AND DOES NOT CONSTITUTE A WARRANTY THAT THE GOODS SHALL CONFORM TO THAT DESCRIPTION. GRANITE MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO ANY OTHER WARRANTYGOODS SOLD BY GRANITE TO CUSTOMER, EXPRESSED AND GRANITE HEREBY DISCLAIMS ALL SUCH WARRANTIES. For the avoidance of doubt, the only warranties for Granite-provided goods are those which may be provided by the manufacturer. UNLESS OTHERWISE AGREED TO IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF GRANITE, PRODUCTS SOLD HEREUNDER ARE NOT INTENDED FOR USE IN OR IMPLIED. REGENTS MAKES NO REPRESENTATION IN CONNECTION WITH (1) ANY SAFETY APPLICATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS CONTAINMENT AREA OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTA NUCLEAR FACILITY, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a2) A warranty or representation by REGENTS as to the validityHEALTHCARE APPLICATION, enforceability or scope of any REGENTS' PATENT RIGHTS; or WHERE THE GOODS HAVE POTENTIAL FOR DIRECT PATIENT CONTACT OR WHERE A SIX (b6) FOOT CLEARANCE FROM A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSPATIENT CANNOT BE MAINTAINED AT ALL TIMES.

Warranties. 17.1 This license and the associated INVENTION are provided Federal Wibmo wallet SERVICES ARE PROVIDED ON AN “AS IS” AND ON A “WHEN AVAILABLE” BASIS. USE OF Federal Wibmo wallet IS AT YOUR OWN RISK. Federal Wibmo wallet IS PROVIDED WITHOUT WARRANTY WARRANTIES OF MERCHANTABILITY ANY KIND, WHETHER EXPRESS OR FITNESS IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO (a) IMPLIED WARRANTIES OF MERCHANTABILITY, (b) APPLICABILITY FOR A PARTICULAR PURPOSE PURPOSE, OR NON- INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Federal Wibmo wallet OR ITS ISSUERS OR OTHER RELATED SERVICE PROVIDERS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Federal Wibmo wallet, ITS ISSUERS, ITS PROCESSORS, ITS PROVIDERS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT Federal Wibmo wallet WILL MEET YOUR REQUIREMENTS; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT Federal Wibmo wallet SERVICES WILLBE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT Federal Wibmo wallet IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Federal Wibmo wallet IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. Federal Wibmo wallet DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH Federal Wibmo wallet OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER WARRANTYADVERTISING, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD AND Federal Wibmo wallet WILL NOT INFRINGE BE A PARTY TO OR IN ANY PATENT WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Federal Wibmo wallet, ITS ISSUERS, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY LOST PROFITSDIRECT, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESINDIRECT, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECTPUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVEOR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEEINTANGIBLE LOSSES, SUBLICENSEESTHAT RESULT FROM THE USE OF, JOINT VENTURESINABILITY TO USE, OR AFFILIATES ARISING OUT UNAVAILABILITY OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESFederal Wibmo wallet. REGENTS UNDER NO CIRCUMSTANCES WILL NOT Federal Wibmo wallet BE LIABLE RESPONSIBLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEDAMAGE, SUBLICENSEESLOSS, JOINT VENTURES OR AFFILIATES ARISING OUT INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF Federal Wibmo wallet, YOUR Federal Wibmo wallet ACCOUNT, OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESINFORMATION CONTAINED THEREIN. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license 19.1 Each party warrants and represents to the other that it has the right and authority to enter into this Agreement and to grant to the other the rights and licenses as herein provided. Each party further warrants and represents to the other, that its performance under this Agreement and the associated INVENTION transactions contemplated hereby do not and will not conflict with any other agreement or document to which it or its Affiliates are provided a party 19.2 Stratus represents and warrants as of the Effective Date, that with the exception of the security interest granted by Stratus Technologies, Inc. and Stratus Technologies International, S.A.R.L. (the “Borrowers”), pursuant to the Revolving Credit Agreement, dated as of November 18, 2003 and the related Collateral Agreement of even date, the Borrowers have not assigned, hypothecated or otherwise encumbered the Intellectual Property Rights of the Borrowers in connection with securing any other indebtness . 19.3 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ANY STRATUS WORK, ASSISTANCE, CONSULTATION, SERVICES, TECHNOLOGY OR INFORMATION FURNISHED BY STRATUS TO NEC IN CONNECTION WITH THIS AGREEMENT IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 19.4 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ANY NEC WORK, ASSISTANCE, CONSULTATION, SERVICES, TECHNOLOGY OR INFORMATION FURNISHED BY NEC TO STRATUS IN CONNECTION WITH THIS AGREEMENT IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY OTHER WARRANTY, EXPRESSED EXPRESS OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTSINCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, LICENSED PRODUCTSFITNESS FOR A PARTICULAR PURPOSE, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTAND NONINFRINGEMENT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS19.5 Stratus and NEC shall cause their respective Affiliates, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESsubcontractors and contractors to observe their respective obligations and responsibilities under the Agreement. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as Each party shall remain responsible to the validityother party for failure by their respective Affiliates, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation subcontractors and contractors to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether observe such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents obligations and patent applications under REGENTS' PATENT RIGHTSresponsibilities.

Warranties. 17.1 This license and the associated INVENTION are provided 7.1 ADI EXPRESSLY AGREES THAT THE [*******] TECHNOLOGY IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND, EXCEPT FOR THOSE SPECIFICALLY PROVIDED FOR IN SECTION 7.2. FURTHERMORE, XXXXXX EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIEDWITH REGARD TO THE [*******] TECHNOLOGY. REGENTS MAKES IN NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD EVENT WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT EITHER PARTY BE LIABLE TO OR THROUGH ANY PARTY FOR ANY LOST PROFITSINCIDENTAL, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTALSPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL EXEMPLARY DAMAGES SUFFERED BY LICENSEEOF ANY KIND, SUBLICENSEESINCLUDING LOST PROFITS, JOINT VENTURESLOSS OF BUSINESS OR BUSINESS INFORMATION, BUSINESS INTERRUPTION, OR AFFILIATES ARISING OUT OF OR RELATED OTHER ECONOMIC DAMAGE, AND FURTHER INCLUDING INJURY TO THIS AGREEMENT FOR ALL CAUSES OF ACTION PROPERTY, AS A RESULT OF ANY KIND (INCLUDNG TORT, PARTY'S USE OR INABILITY TO USE THE [*******] TECHNOLOGY OR BREACH OF ANY WARRANTY OR OTHER TERM OF THIS CONTRACT, NEGLIGENCEREGARDLESS OF WHETHER XXXXXX WAS ADVISED, STRICT LIABILITYHAD OTHER REASON TO KNOW, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESTHEREOF. 17.3 Nothing 7.2 Xxxxxx has full title and ownership of the [*******] technology and has not assigned, transferred, pledged or otherwise encumbered the [*******] technology or intellectual property rights with respect thereto or agreed to do so, including in the performance of its obligations under this AGREEMENT is Agreement. The [*******] technology does not infringe or will be construed as: (a) A warranty misappropriate any patent, trade secret, copyright, mask work or representation by REGENTS as to the validity, enforceability or scope other proprietary right of any REGENTS' PATENT RIGHTS; or (b) A warranty third party, and Xxxxxx is not aware of any invention, product or representation prior act that anything made, usedwould prevent or interfere with the filing of an application for, or SOLD under the issuance of, any license granted patent for the [*******] technology or that would affect the validity or enforceability of any patent that may issue showing Xxxxxx as the inventor and covering any one or more aspects of the [*******] technology. 7.3 Xxxxxx shall indemnify and hold ADI harmless from and against any and all claims, liabilities, losses, damages, costs and expenses incurred by ADI as a result of any breach of any of the representations or warranties contained in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSSection 7.2 above.

Warranties. 17.1 This license Except as otherwise hereinafter provided, DSPG warrants that, for a period of one (1) year from date of shipment, the Ordered Goods (a) will be free from material defects in workmanship and materials and (b) will materially conform to DSPG’s published functional specifications for the associated INVENTION are provided Ordered Goods. DSPG MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT WARRANTY LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. CONTINUED USE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR POSSESSION OF THE GOODS AFTER EXPIRATION OF THE APPLICABLE WARRANTY PERIOD STATED ABOVE SHALL BE CONCLUSIVE EVIDENCE THAT THE INVENTIONWARRANTY IS FULFILLED TO THE FULL SATISFACTION OF BUYER. Notwithstanding the foregoing, REGENTS’ PATENT RIGHTSDSPG makes NO WARRANTY as to Ordered Goods to the extent they consist of or contain software, LICENSED PRODUCTSexperimental or developmental goods, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL or goods that are licensed under Open License Terms, or goods not manufactured by DSPG, all of which are supplied “AS-IS”, provided that as to goods not manufactured by DSPG, DSPG shall, to the extent permitted by DSPG’s contract with its vendors and, assign to Buyer any rights DSPG may have under any warranty made by such vendor. THE WARRANTIES SET FORTH HEREIN SHALL NOT BE LIABLE ENLARGED OR OTHERWISE AFFECTED BY, AND NO OBLIGATION OR LIABILITY OF DSPG SHALL ARISE OR GROW OUT OF, DSPG’S RENDERING OF TECHNICAL ADVICE OR SERVICE TO BUYER. The express warranty granted above shall extend directly to Buyer and not to Buyer's customers, agents or representatives. ORDERED GOODS ARE NOT DESIGNED, AUTHORIZED OR WARRANTED TO BE SUITABLE FOR USE IN MEDICAL, MILITARY, AIR CRAFT, SPACE OR LIFE SUPPORT EQUIPMENT NOR IN APPLICATION WHERE FAILURE OR MALFUNCTION OF ORDERED GOODS CAN REASONABLY BE EXPECTED TO RESULT IN A PERSONAL INJURY, DEATH OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE. INCLUSION AND /OR USE OF ORDERED GOODS IN SUCH EQUIPMENT OR APPLICATIONS, WITHOUT PRIOR AUTHORIZATION IN WRITING OF DSPG, IS NOT PERMITTED AND FOR BUYER'S OWN RISK. XXXXX AGREES TO FULLY INDEMNIFY DSPG FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS DAMAGES RESULTING FROM SUCH INCLUSION OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESUSE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license 10.1 The City warrants that Palm Coast FiberNET will operate in material compliance with the terms for Network operation as provided in the individual Service Level Agreements. 10.2 Each party warrants that it has the authority to enter into this Agreement and the associated INVENTION are provided that doing so does not violate any other right, duties, or obligations, contractual or otherwise, it has to a third party. 10.3 NO WARRANTIES. THE ONLY WARRANTIES CONCERNING THE PALM COAST FIBERNET, AND OTHER SERVICES AND DELIVERABLES PROVIDED UNDER THIS AGREEMENT, ARE THOSE CONTAINED HEREIN, IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON­INFRINGEMENT OR OTHERWISE. CITY ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS RELATED TO THE INTERNET OR SECURITY-RELATED FEATURES OF THE PALM COAST FIBERNET. CITY DOES NOT GUARANTEE COMPLETE SECURITY VIA THE INTERNET OR THE PALM COAST FIBERNET. CITY SHALL HAVE NO LIABILITY FOR THE CONDUCT OF SUBSCRIBERS USING OR ACCESSING THE PALM COAST FIBERNET. CITY EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND CITY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE SERVICE, CITY EQUIPMENT AND CITY MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. CITY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. CITY DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY CITY WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. CITY SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR OTHER EMERGENCY SERVICES, THE INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE PROVIDER OR ANY OTHER WARRANTYFAILURE OR FAULT RELATING TO CUSTOMER-PROVIDED EQUIPMENT, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS FACILITIES OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT THE FULLSCRIPT API IS PROVIDED “AS IS,” AND WE HEREBY DISCLAIM ANY IMPLIED REPRESENTATION, CONDITION OR WARRANTY WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FULLSCRIPT MAKES NO WARRANTIES OR CONDITIONS OF MERCHANTABILITY ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE FULLSCRIPT API, CONTENT OR SERVICES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS, NON- INFRINGEMENT, RESULTS, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONCONTENT ACCESSED THROUGH THE FULLSCRIPT API, REGENTS’ PATENT RIGHTSOPERATION OF THE SITE OR THE PROVISION OF THE SERVICES WILL BE AVAILABLE, LICENSED PRODUCTSUNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SITE OR SERVICES WILL BE FREE OF VIRUSES, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT WORMS, TROJAN HORSES OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SOME JURISDICTIONS PROVIDE FOR ANY LOST PROFITSCERTAIN WARRANTIES, COSTS LIKE THE IMPLIED WARRANTY OF PROCURING SUBSTITUTE GOODS OR SERVICESMERCHANTABILITY, LOST BUSINESS, ENHANCED DAMAGES FITNESS FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYA PARTICULAR PURPOSE, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEETERMS, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED PERMITTED BY REGENTS’ INVENTORS TO THIRD PARTIESLAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license A. As its exclusive warranties, Xxxx warrants to Buyer that, at the Delivery Point: (i) the Product shall conform to the specifications specifically set forth in Article I, Section P and (ii) title to the associated INVENTION are provided WITHOUT WARRANTY Product shall be free from any security interest, lien, or encumbrance. EXCEPT AS SPECIFICALLY SET FORTH IN THE PRECEDING SENTENCE, (I) BUYER acknowledges and agrees that XXXX AND ITS AFFILIATES HAVE NOT MADE, DO NOT MAKE, AND EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, COVENANTS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATIONS OF MERCHANTABILITY LAW OR OTHERWISE, AS TO THE MERCHANTABILITY, QUANTITY, CONDITION, OR QUALITY OF THE PRODUCT OR ITS SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE OR ANY OTHER USE AND (ii) THE PRODUCT IS SOLD "AS IS". X. Xxxx'x liability, and Buyer's exclusive remedy, for any cause of action arising out of or related to the breach of Xxxx'x warranty above, is, at Buyer's option, limited to (i) replacement of the non-conforming Product at the Delivery Point or (ii) a refund to Buyer of the portion of the Price allocable to such non-conforming Product. IN NO EVENT XXXX XXXX'X CUMULATIVE LIABILITY UNDER THE AGREEMENT EXCEED THE TOTAL SALES PRICE OF THE PRODUCT OR THE COST OF SUBSTITUTE PRODUCT, WHETHER ARISING UNDER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTGUARANTEE, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH INDEMNIFICATION, FAILURE OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED ESSENTIAL PURPOSE OR ANY OTHER CAUSE OR COMBINATION OF CAUSES WHATSOEVER. WITHOUT LIMITATION ON THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT FOREGOING, UNDER NO CIRCUMSTANCES SHALL EITHER XXXX OR BUYER BE LIABLE OR HAVE ANY RESPONSIBILITY TO THE OTHER OR ANY OTHER THIRD PARTY FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEINDIRECT, SUBLICENSEESSPECIAL, JOINT VENTURES CONSEQUENTIAL, EXEMPLARY, OR AFFILIATES ARISING OUT OF PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST EARNINGS, LOST PROFITS, OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESBUSINESS INTERRUPTION. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license You hereby warrant to Cloud Software Group that you have all necessary authority to enter into and perform your obligations under this Agreement without the associated INVENTION are provided WITHOUT WARRANTY consent of any third party or breach of any contract or agreement with any third party, and that the use by others of your Applications, products or services shall not violate the rights of any third party (e.g., copyright, patent, trademark or other proprietary rights) or any applicable law or regulation. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE DEVELOPER MATERIALS ARE PROVIDED BY CLOUD SOFTWARE GROUP ON AN “AS IS” BASIS, AND YOUR ACCESS TO AND/OR USE OF MERCHANTABILITY THE DEVELOPER MATERIALS IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLOUD SOFTWARE GROUP EXPRESSLY DISCLAIMS AND YOU RECEIVE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDSATISFACTORY QUALITY. REGENTS CLOUD SOFTWARE GROUP MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDEVELOPER MATERIALS WILL MEET YOUR REQUIREMENTS, PROVIDE ANY DESIRED RESULTS, BE UNINTERRUPTED, ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED. REGENTS WILL CLOUD SOFTWARE GROUP SHALL NOT BE LIABLE FOR HAVE ANY DIRECT DAMAGES SUFFERED OBLIGATION TO SUPPORT OR MAINTAIN THE DEVELOPER MATERIALS. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY LICENSEEYOU FROM CLOUD SOFTWARE GROUP OR THROUGH THE DEVELOPER MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the exclusion of certain warranties and conditions, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESso some of the above exclusions may not apply to you. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license 25.1 No warranties (a) that the HiveLink Application will meet the Customer’s requirements and expectations; (b) that the associated INVENTION are provided WITHOUT HiveLink Application will be compatible with, or capable of being used on or in connection with, the Customer’s computer and communications systems; (c) that the Customer’s access to the HiveLink Application will be uninterrupted or error free; (d) that the HiveLink Application will be accurate, reliable or fit for any particular purpose; (e) anything that HiveLink does not expressly warrant in this Agreement or in the Statement of Work. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE STATEMENT OF WORK, HIVELINK MAKES NO EXPRESS WARRANTY WITH REGARD TO THE HIVELINK APPLICATION AND/OR THE HIVELINK INFRASTRUCTURE AND/OR THE SUBSCRIPTION SERVICES AND/OR ANY OTHER SERVICE. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, HIVELINK DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES WITH REGARD TO THE HIVELINK APPLICATION, HIVELINK INFRASTRUCTURE, THE SUBSCRIPTION SERVICES AND ANY AND ALL OTHER SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES OR SOFTWARE. CERTAIN LAWS IMPLY TERMS AND CONDITIONS INTO CONTRACTS FOR THE SUPPLY OF GOODS OR SERVICES THAT CANNOT BE EXCLUDED (FOR EXAMPLE, THAT SERVICES MUST BE PROVIDED WITH DUE CARE AND SKILL AND FIT FOR ANY OTHER WARRANTYSPECIFIED PURPOSE) (“NON- EXCLUDABLE CONDITION”). IN THE EVENT THAT A TERM, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION CONDITION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED IS IMPLIED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO LAW INTO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTAND HIVELINK BREACHES THAT NON-EXCLUDABLE CONDITION, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF HIVELINK’S LIABILITY WILL BE THE POSSIBILITY OF MINIMUM PERMITTED UNDER SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESLAW. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT 10.1 EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, INVENTORS MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND VALIDITY OF PATENTED RIGHTS CLAIMS, ISSUED OR ANY OTHER WARRANTYPENDING. IT IS AGREED THAT LICENSEE ACCEPTS LICENSED PRODUCTS AND LICENSED METHODS ON AN “AS IS” BASIS. 10.2 NOTHING IN THIS AGREEMENT, EXPRESSED EITHER EXPRESS OR IMPLIED. REGENTS MAKES NO REPRESENTATION , OBLIGATES INVENTORS EITHER TO BRING OR WARRANTY THAT THE INVENTION, REGENTSTO PROSECUTE ACTIONS OR SUITS AGAINST THIRD PARTIES FOR PATENT INFRINGEMENT OR TO FURNISH ANY KNOW-HOW OR TRADE SECRETS NOT PROVIDED IN INVENTORS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT 10.3 IN NO EVENT SHALL INVENTORS BE LIABLE FOR ANY LOST PROFITSINCIDENTAL, COSTS SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE EXERCISE OF PROCURING SUBSTITUTE GOODS THIS LICENSE OR SERVICESTHE USE OF THE TECHNOLOGY OR LICENSED PRODUCTS. 10.4 NO WARRANTY OR REPRESENTATION IS MADE THAT ANYTHING MADE, LOST BUSINESSUSED, ENHANCED DAMAGES FOR OR SOLD UNDER THE TERMS OF THIS AGREEMENT WILL BE FREE FROM INFRINGEMENT OF ANY THIRD PARTY PATENTS. 10.5 THIS AGREEMENT DOES NOT CONFER BY IMPLICATION, ESTOPPEL, OR OTHERWISE ANY LICENSE OR RIGHTS TO ANY OTHER PATENT OF INVENTORS OTHER THAN PATENT RIGHTS AS EXPRESSLY STATED HEREIN, REGARDLESS OF WHETHER SUCH PATENTS ARE DOMINANT OR SUBORDINATE TO PATENT RIGHTS. 10.6 LICENSEE REPRESENTS THAT INTELLECTUAL PROPERTY INFRINGEMENTGENERATED UNDER CONSULTANCIES WILL BE DISCLOSED TO INVENTORS SO THAT INVENTORS MAY DETERMINE IF SUCH INTELLECTUAL PROPERTY IS NOT OTHERWISE OBLIGATED TO THIRD PARTIES, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED SUCH INTELLECTUAL PROPERTY MAY BE ADDED TO THIS AGREEMENT BY MUTUAL WRITTEN AGREEMENT OF LICENSEE AND INVENTORS, WITH OR WITHOUT CONSIDERATION. 10.7 THE INVENTORS REPRESENT AND WARRANT THAT NO OTHER GOVERNMENTAL AGENGY, PERSON, CORPORATION, FOR-PROFIT, NOT FOR ALL CAUSES PROFIT BODY HAS ANY RIGHT TITLE OR INTEREST OR ENCUMBERANCE TO THE PATENT RIGHTS DESCRIBED ABOVE. FURTHER, THE INVENTORS REPRESENT AND WARRANT THAT NO FUNDING OR SOURCES OF ACTION OF FUNDING PROVIDED ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED SUPPORT FOR THE CONCEPTION OR GENERATION OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license COMPANY warrants that the Products sold to DISTRIBUTOR are free from any defects in material, design, workmanship, manufacture, treatment, packing, instruction manuals, labeling, warning or otherwise and shall at all times comply with the associated INVENTION are provided WITHOUT stated Product specifications. COMPANY'S SOLE OBLIGATION UNDER THE FOREGOING WARRANTY OF SHALL BE, AT COMPANY'S SOLE ELECTION, TO EITHER REPLACE THE RELEVANT PRODUCT OR REFUND DISTRIBUTOR'S PURCHASE PRICE FOR SUCH PRODUCT. Such obligation shall be subject to COMPANY being granted the reasonable opportunity to inspect, at COMPANY'S expense, the defective Product at the location of its use or storage and, upon request in accordance with the COMPANY'S instruction, return of the Product to COMPANY at COMPANY'S cost. No return of any Product will occur until the COMPANY has issued a Return Authorization Number together with instructions for packaging and delivery. Any such replacement of PRODUCTS may be made by substitution of any similar Product meeting quality specifications and payment by the COMPANY of all freight, handling and duty charges incident thereto. NOTWITHSTANDING THE FOREGOING, COMPANY MAKES NO WARRANTY, NOR SHALL IT HAVE ANY OTHER OBLIGATION TO DISTRIBUTOR WITH RESPECT TO ANY PRODUCT SOLD HEREUNDER, IF SUCH PRODUCT HAS EXPIRED ACCORDING TO PRODUCT LABELS OR HAS NOT BEEN USED, HANDLED OR STORED IN ACCORDANCE WITH COMPANY GUIDELINES AS COMMUNICATED BY COMPANY. EXCEPT AS EXPRESSLY PROVIDED ABOVE AND IN SECTION 11.1 BELOW, COMPANY GRANTS DISTRIBUTOR NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY STATUTE, IN THIS AGREEMENT OR IN ANY COMMUNICATION BY COMPANY, REGARDING THE PRODUCTS, THEIR FITNESS FOR ANY PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTOTHERWISE. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license THL represents and warrants (to the associated INVENTION are provided best of its knowledge) that the underlying NorthStar Software was designed, developed, programmed and coded by THL, and is not based upon any source code, open source software, or any related systems that infringe any third-parties copyrights. THL PROVIDES THIS NORTHSTAR SOFTWARE TO THE TENANT “AS IS” WITHOUT WARRANTIES OF ANY KIND. THE TENANT AGREES THAT THE RIGHTS GRANTED HEREUNDER ARE MADE AVAILABLE WITHOUT ANY OTHER WARRANTY OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND FURTHER INCLUDING NO WARRANTY AS TO CONFORMITY WITH WHATEVER USER MANUALS OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDDOCUMENTATION ARE DELIVERED TO THE TENANT. REGENTS MAKES NO NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY THL THAT THE INVENTION, REGENTS’ PATENT RIGHTS, USE BY THE TENANT OF THE SOFTWARE LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL HEREUNDER SHALL NOT INFRINGE THE PATENT RIGHTS OF ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT THIRD PARTY. IN NO EVENT SHALL, THL, ITS OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND ASSOCIATES, BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGE OR INJURY TO PROPERTY AND LOST PROFITS, COSTS REGARDLESS OF PROCURING SUBSTITUTE GOODS OR SERVICESWHETHER THL HAVE BEEN ADVISED, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTSHALL HAVE OTHER REASON TO KNOW, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED IN FACT KNOW OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESPOSSIBILITY. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT 14.1. ANY INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY OR OTHER PROPERTY OR RIGHTS, GRANTED OR PROVIDED BY CMU PURSUANT TO THIS AGREEMENT ARE ON AN “AS IS” BASIS. CMU MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR MERCHANTABILITY, EXCLUSIVITY OR RESULTS OBTAINED FROM USE. NOR SHALL EITHER PARTY HERETO BE LIABLE TO THE OTHER FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR INABILITY TO USE SAID INTELLECTUAL PROPERTY OR ANY APPLICATIONS AND DERIVATIONS THEREOF. CMU DOES NOT MAKE ANY WARRANTY OF ANY KIND WITH RESPECT TO FREEDOM FROM PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT, OR THEFT OF TRADE SECRETS AND DOES NOT ASSUME ANY LIABILITY HEREUNDER FOR ANY INFRINGEMENT OF ANY PATENT, TRADEMARK, OR COPYRIGHT ARISING FROM THE USE OF THE LICENSED TECHNOLOGY, INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY, OR OTHER WARRANTYPROPERTY OR RIGHTS GRANTED OR PROVIDED TO IT HEREUNDER. LICENSEE AGREES THAT IT WILL NOT MAKE ANY WARRANTY ON BEHALF OF CMU, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION , TO ANY ENTITY CONCERNING THE APPLICATION OF OR WARRANTY THAT THE INVENTIONRESULTS TO BE OBTAINED WITH THE LICENSED TECHNOLOGY, REGENTS’ PATENT RIGHTSINFORMATION, LICENSED PRODUCTSMATERIALS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEPROPERTY, OR OTHER SPECIAL DAMAGES SUFFERED PROPERTY OR RIGHTS, GRANTED OR PROVIDED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED CMU PURSUANT TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESAGREEMENT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license 11.1 As between the Company and Distributor, the associated INVENTION are provided Company assumes responsibility for (i) any failure of Product(s), at the time of delivery, to comply with all laws in force in the area of the Territory, which apply to the manufacture or content of medical goods, (ii) for failure of any of its Product(s) to meet label specifications at the time of delivery to the Distributor. 11.2 As between the Company and Distributor, Distributor assumes responsibility for any negligent act, omission, or misconduct of the Distributor, its offices, employees, or agents including, but not limited to: 11.2.1 any warranty, express or implied, unauthorized by the Company; 11.2.2 bodily injury, property damage, or death arising from ● any physical change in the form of the Product(s) made by the Distributor; or ● mishandling of the Product(s) by the Distributor, including, but not limited to repackaging or removal of the Product(s) from their original packaging. 11.3 EXCEPT AS EXPRESSLY PROVIDED ABOVE, COMPANY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT WARRANTY LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. COMPANY'S LIABILITY IN RESPECT OF PRODUCTS IS LIMITED TO THAT SET FORTH IN THE WRITTEN WARRANTIES, IF ANY, ISSUED IN WRITING BY COMPANY. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS ARE APPLIED. DISTRIBUTOR AGREES NOT TO MAKE ANY OTHER REPRESENTATIONS AND/OR WARRANTIES IN RESPECT OF PRODUCTS EXCEPT AS EXPRESSLY STATED IN THE APPLICABLE WRITTEN WARRANTY, EXPRESSED OR IMPLIEDIF ANY, ISSUED BY COMPANY. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE IS MADE AS TO FITNESS FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS PURPOSE OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESMERCHANTABILITY. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS DISTRIBUTOR SHALL MAKE NO REPRESENTATION TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESCONTRARY. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided (a) IRON MOUNTAIN WARRANTS ANY AND ALL SERVICES PROVIDED HEREUNDER SHALL BE PERFORMED IN A WORKMANLIKE MANNER. EXCEPT AS SPECIFIED IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT WARRANTY LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ANY OTHER WARRANTYARISING FROM A COURSE OF DEALING, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTUSAGE, OR FOR ANY INDIRECTTRADE PRACTICE, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS ARE HEREBY EXCLUDED TO THE EXTENT ASSIGNED OR LICENSED ALLOWED BY REGENTS’ INVENTORS APPLICABLE LAW. AN AGGRIEVED PARTY MUST NOTIFY IRON MOUNTAIN PROMPTLY OF ANY CLAIMED BREACH OF ANY WARRANTIES AND SUCH PARTY’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL BE RETURN OF THE PORTION OF THE FEES PAID TO THIRD PARTIESIRON MOUNTAIN BY PAYING PARTY FOR SUCH NON-CONFORMING SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. THE WARRANTY PROVIDED IS SUBJECT TO THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation Depositor warrants that anything made, used, or SOLD under any license granted in all Depositor Information provided hereunder is accurate and reliable and undertakes to promptly correct and update such Depositor Information during the Term of this AGREEMENT is or will be free from infringement of patents of third parties; orAgreement. (c) An obligation Beneficiary warrants that all Beneficiary Information provided hereunder is accurate and reliable and undertakes to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents promptly correct and update such Beneficiary Information during the Term of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSthis Agreement.

Warranties. 17.1 This license Each party warrants that it has the legal power and the associated INVENTION are provided WITHOUT WARRANTY authority to enter into this Agreement. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE XXXXX SERVICE IS PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE, OUR AFFILIATES, AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE THAT THE XXXXX SERVICE OR ANY CONTENT OF A THIRD PARTY MADE AVAILABLE THROUGH THE XXXXX SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CUSTOMER CONTENT OR CONTENT OF A THIRD PARTY MADE AVAILABLE THROUGH THE XXXXX SERVICE, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE, OUR AFFILIATES, AND OUR LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES OR COMMITMENTS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE XXXXX SERVICE OR ANY CONTENT OF A THIRD PARTY MADE AVAILABLE THROUGH THE XXXXX SERVICE, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONACCURACY, REGENTS’ PATENT RIGHTSSYSTEMS INTEGRATION, LICENSED PRODUCTSTITLE, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY NON- INFRINGEMENT, OR FOR QUIET ENJOYMENT, AND ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR RELATED TO THIS AGREEMENT FOR ALL CAUSES USAGE OF ACTION OF ANY KIND (INCLUDNG TORTTRADE. WE, CONTRACT, NEGLIGENCE, STRICT LIABILITYOUR AFFILIATES, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL OUR LICENSORS DISCLAIM ALL, AND YOU AGREE THAT YOU ARE NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEENTITLED TO ANY, SUBLICENSEES, JOINT VENTURES EQUITABLE OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESIMPLIED INDEMNITIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license The products and the associated INVENTION services available at xxx.xxxxxxxx.xxx are provided with a manufacturer’s warranty. As such, all warranty claims should be made directly with the manufacturer of the product. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMER'S USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE RISK. XXX.XXXXXXXX.XXX MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT WARRANTY LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY TITLE, AND NON‐INFRINGEMENT; THAT THE INVENTIONSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, REGENTS’ PATENT RIGHTSWILL ALWAYS BE AVAILABLE, LICENSED PRODUCTSACCESSIBLE, LICENSED SERVICES UNINTERRUPTED, TIMELY, SECURE OR LICENSED METHOD WILL NOT INFRINGE OPERATE WITHOUT ERROR; ANY PATENT IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR OTHER PROPRIETARY USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS CLAIM OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG REMEDY IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESXXX.XXXXXXXX.XXX. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE FULL EXTENT ASSIGNED PERMISSIBLE UNDER APPLICABLE LAW, XXX.XXXXXXXX.XXX DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESINFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM WIREZ OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 The Warranty and Repair Guidelines provided by the manufacturer of the Products will control servicing and repairs of Products under warranty. Manufacturers’ warranties may change from time to time. Warranty terms will be contained with the phone or other Product to which the warranty is applicable. An illustrative Boost Mobile phone handset warranty is set forth in Attachment E. This license Agreement does not exclude or modify any condition or warranty implied into this Agreement or any liability imposed on Supplier and/or Boost Mobile by any law if to do so would contravene that law or make any part of this clause void or unenforceable. However, to the maximum extent permitted by law, Supplier and the associated INVENTION are provided WITHOUT WARRANTY Boost Mobile exclude and disclaim all conditions, liabilities and warranties that may be expressed or implied into this Agreement. NEITHER SUPPLIER NOR BOOST MOBILE MAKES ANY WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, TO DISTRIBUTOR, ANY RETAILER, OR TO ANY OTHER PURCHASER OR END-USER OF THE PRODUCTS. SUPPLIER AND BOOST MOBILE SPECIFICALLY MAKE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NOR DO THEY WARRANT THE RESULTS OF PRODUCT USAGE, THAT A PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT A PRODUCT’S FUNCTIONALITY WILL MEET ANY USER REQUIREMENTS. DISTRIBUTOR HEREBY WAIVES, AND SHALL CAUSE ITS RETAILERS TO WAIVE, ALL OTHER WARRANTYWARRANTIES, EXPRESSED GUARANTEES, CONDITIONS OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTSDISTRIBUTOR’S AND ITS RETAILERS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED SOLE AND EXCLUSIVE REMEDY RELATING TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.AGREEMENT

Warranties. 17.1 This license Xxxxxxxx warrants that the Services will be performed in a good and workmanlike manner. Customer's sole and exclusive remedy and Xxxxxxxx 's entire liability with respect to this warranty will be, at the associated INVENTION are provided sole option of Xxxxxxxx , to either (a) use its reasonable commercial efforts to re-perform or cause to be re-performed any Services not in substantial compliance with this warranty or (b) refund amounts paid by Customer related to the portion of the Services not in substantial compliance; provided, in each case, Customer notifies Xxxxxxxx in writing within five (5) business days after performance of the applicable Services. EXCEPT AS SET FORTH HEREIN OR IN ANY STATEMENT OF WORK THAT EXPRESSLY AMENDS XXXXXXXX 'S WARRANTY, AND SUBJECT TO APPLICABLE LAW, XXXXXXXX MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL OTHER, REPRESENTATIONS, WARRANTIES, CONDITIONS OR COVENANTS, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT WARRANTY LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, MERCHANTABILITY, DURABILITY, TITLE, ACCURACY OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY NON-INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ) ARISING OUT OF OR RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY RELATING TO THIRD PARTY SERVICES, ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN PERFORMING SERVICES AND ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIVE OF XXXXXXXX OR OF ITS AFFILIATES IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF XXXXXXXX OR ANY OF ITS AFFILIATES THAT IS NOT IN THIS AGREEMENT FOR OR IN A STATEMENT OF WORK EXPRESSLY AMENDING XXXXXXXX 'S WARRANTY. Customer shall be solely responsible for daily back-up and other protection of its data and software against loss, damage or corruption. Customer shall be solely responsible for reconstructing data (including but not limited to data located on disk files and memories) and software that may be lost, damaged or corrupted during the performance of Services. XXXXXXXX, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS, SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALL CONTINUE TO BE RELEASED FROM ALL CAUSES LIABILITY IN CONNECTION WITH THE LOSS, DAMAGE OR CORRUPTION OF ACTION DATA AND SOFTWARE, AND CUSTOMER ASSUMES ALL RISK OF LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED TO OR RESULTING FROM THE SERVICES. Xxxxxxxx will not be responsible for and no liability shall result to Xxxxxxxx or any of its Affiliates for any delays in delivery or in performance which result from any circumstances beyond Xxxxxxxx’x reasonable control, including, but not limited to, Product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or completion dates provided by Xxxxxxxx or any purported deadlines contained in a Statement of Work or any other document are estimates only. Xxxxxxxx reserves the right to make adjustments to pricing, Products and Service offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All orders are subject to Product availability and the availability of Personnel to perform the Services. UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY KIND REMEDY SET FORTH HEREIN, WILL XXXXXXXX , ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABLE FOR: (INCLUDNG TORTA) ANY INCIDENTAL, CONTRACTINDIRECT, NEGLIGENCESPECIAL, STRICT LIABILITYPUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, AND BREACH LOSS OF WARRANTY) PROFITS, BUSINESS, REVENUES OR SAVINGS, EVEN IF REGENTS XXXXXXXX HAS BEEN ADVISED OF THE POSSIBILITY POSSIBILITIES OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY DIRECT DAMAGES SUFFERED SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY LICENSEE, SUBLICENSEES, JOINT VENTURES ANY THIRD PARTY; (C) ANY LOSS OR AFFILIATES CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY XXXXXXXX OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATED TO PATENT RIGHTS THE PRODUCTS OR SERVICES; OR (D) ANY UNAVAILABILITY OF THE PRODUC T FOR USE OR ANY LOST, DAMAGED OR CORRUPTED DATA OR SOFTWARE. IN THE EVENT OF ANY LIABILITY INCURRED BY XXXXXXXX OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF XXXXXXXX AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE EXTENT ASSIGNED CLAIM OR LICENSED BY REGENTS’ INVENTORS THE SPECIFIC SERVICES GIVING RISE TO THIRD PARTIESTHE CLAIM; OR (B) $50,000.00. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER WARRANTYSYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, EXPRESSED WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT , INCLUDING, BUT NOT LIMITED TO, THE INVENTIONIMPLIED WARRANTIES OF MERCHANTABILITY, REGENTS’ PATENT RIGHTSFITNESS FOR A PARTICULAR PURPOSE, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY NON- INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.QUIET ENJOYMENT

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT ANY INFORMATION, MATERIALS OR SERVICES FURNISHED BY CMU PURSUANT TO THIS AGREEMENT ARE ON AN "AS IS" BASIS. ANY INFORMATION, MATERIALS OR SERVICES FURNISHED BY CMU PURSUANT TO THIS AGREEMENT ARE ON AN "AS IS" BASIS. CMU MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR MERCHANTABILITY, EXCLUSIVITY OR RESULTS OBTAINED FROM USE OF ANY INTELLECTUAL PROPERTY DEVELOPED UNDER THIS AGREEMENT, NOR SHALL EITHER PARTY HERETO BE LIABLE TO THE OTHER FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR INABILITY TO USE SAID INTELLECTUAL PROPERTY OR ANY OTHER WARRANTYAPPLICATIONS AND DERIVATIONS THEREOF. CMU DOES NOT MAKE ANY WARRANTY OF ANY KIND WITH RESPECT TO FREEDOM FROM PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT, OR THEFT OF TRADE SECRETS AND DOES NOT ASSUME ANY LIABILITY HEREUNDER FOR ANY INFRINGEMENT OF ANY PATENT, TRADEMARK, OR COPYRIGHT ARISING FROM THE USE OF THE INFORMATION, TECHNOLOGY, OR RIGHTS GRANTED OR PROVIDED TO IT HEREUNDER. LICENSEE AGREES THAT IT WILL NOT MAKE ANY WARRANTY ON BEHALF OF CMU, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT , TO ANY PERSON CONCERNING THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT APPLICATION OF OR RELATED THE RESULTS TO BE OBTAINED WITH THE TECHNOLOGY UNDER THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESAGREEMENT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license A. By Ocean Spray. Subject to Northland’s warranty in Section 4.D., Ocean Spray represents and warrants to Northland that the Concentrate and the associated INVENTION are provided WITHOUT Ocean Spray Concentrate as of the time of delivery to Northland complies with Applicable Law, is not adulterated and is fit for human consumption. EXCEPT AS SET FORTH IN THIS SECTION 17A, OCEAN SPRAY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CONCENTRATES, WHETHER EXPRESS OR IMPLIED AND EITHER IN FACT OR BY OPERATION OF LAW, AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE AND NONINFRINGEMENT. B. Disclaimer by Northland. OCEAN SPRAY SPECIFICALLY ACKNOWLEDGES AND AGREES THAT (i) NORTHLAND IS TRANSFERRING ANY NON-COMMITTED CONCENTRATE PURCHASED BY OCEAN SPRAY HEREUNDER AS IS, WHERE IS AND WITH ALL FAULTS OTHER THAN THOSE FAULTS DUE TO THE BREACH OF NORTHLAND’S WARRANTIES HEREUNDER AND (ii) NEITHER NORTHLAND NOR ANY OTHER PERSON IS MAKING, AND OCEAN SPRAY IS NOT RELYING ON, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, OTHER THAN THOSE PROVIDED IN THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO ANY MATTER CONCERNING THE NON-COMMITTED CONCENTRATE, OR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO OCEAN SPRAY BY NORTHLAND OR ANY OTHER WARRANTY, EXPRESSED PERSON OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT OTHERWISE OBTAINED BY OCEAN SPRAY CONCERNING THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTNON-COMMITTED CONCENTRATE. 17.2 REGENTS WILL C. Disclaimer by Ocean Spray. NORTHLAND SPECIFICALLY ACKNOWLEDGES AND AGREES THAT OCEAN SPRAY IS NOT BE LIABLE FOR MAKING ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED REPRESENTATIONS AND WARRANTIES TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS NORTHLAND RELATING TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as PESTICIDE SCREENING PROGRAMS AS DESCRIBED IN EXHIBIT 1. Notwithstanding anything to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined contrary herein, regardless of whether such patents are dominant the Pesticide Screening Program shall not affect the representation and warranty made by Northland in Section 2.C or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.Section 4.D.

Warranties. 17.1 This license Distributor represents and warrants that: (i) Distributor has the associated INVENTION are provided WITHOUT WARRANTY knowledge, experience, expertise, and resources to perform all of its obligations under this Agreement; (ii) Distributor has full power and authority to execute, deliver and perform this Agreement; it is a corporation duly organized, validly existing and in good standing under the laws governing its incorporation and has full corporate power and authority to execute, deliver and perform this Agreement; (iii) the execution, delivery and performance of this Agreement have been duly authorized by all necessary action of Distributor and Distributor is qualified to do business in all jurisdictions where such qualification is required for its performance hereunder; and (iv) Distributor holds, and throughout the term of this Agreement shall maintain, all required permits, licenses, approvals or other authorizations, and is in compliance with all necessary legal or other requirements necessary to perform its obligations under this Agreement. Disclaimer of Warranties. COMPANY MAKES NO WARRANTIES OR REPRESEN­TATIONS AS TO PERFORMANCE OF MERCHANTABILITY OR COMPANY PRODUCTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRAN­TIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABI­LITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYAND NONINFRINGEMENT, EXPRESSED OR IMPLIEDARE HEREBY EX­CLUDED BY COMPANY. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONDistributor Warranty. Distributor will make no warranty, REGENTSguarantee or representation, whether written or oral, on Company’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS behalf. Limited Liability. COMPANY WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, PROFITS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, PUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEEDISTRIBUTOR, SUBLICENSEES, JOINT VENTURES, ITS CUSTOMERS OR AFFILIATES OTHERS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR COMPANY PRODUCTS, FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, LIABILITY AND BREACH OF WARRANTYWAR­RANTY) EVEN IF REGENTS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS EXCEPT FOR LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM COMPANY’ GROSS NEGLI­GENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL NOT BE LIABLE FOR COMPANY’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT OR COMPANY PRODUCTS, FROM ALL CAUSES OF ACTION OF ANY DIRECT DAMAGES SUFFERED KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY, EXCEED THE TOTAL AMOUNT PAID BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing DISTRIBUTOR HEREUNDER. Distributor agrees that the limitations of liability and disclaimers of warranty set forth in this AGREEMENT is or Agreement will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, apply regardless of whether such patents are dominant Company has tendered delivery of Company Products or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish Distributor has accepted any know-how not provided Company Product. Distributor acknowledges that Company has set its prices and entered into this Agreement in reliance on the patents disclaimers of liability, the disclaimers of warranty and patent applications under REGENTS' PATENT RIGHTSthe limitations of liability set forth in this Agreement and that the same form the basis of the bargain between the parties.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDTARANTELLA WARRANTS THAT IT IS EMPOWERED TO GRANT THE RIGHTS GRANTED HEREIN. REGENTS MAKES NO REPRESENTATION OR WARRANTY TARANTELLA FURTHER WARRANTS THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL PRODUCT DOES NOT INFRINGE ANY PATENT OR COPYRIGHT, PATENT, TRADE MARK XX OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTRIGHT OF A THIRD PARTY. TARANTELLA DOES NOT WARRANT THAT THE FUNCTION CONTAINED IN LICENSED PRODUCT WILL MEET OEM'S OR ANY USER'S REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. TARANTELLA WARRANTS THAT LICENSED PRODUCT SUBSTANTIALLY CONFORMS AND WILL PERFORM TO THE SPECIFICATIONS AND FUNCTIONAL DESCRIPTIONS CONTAINED IN THE PERTINENT DOCUMENTATION; AND THAT THE REPRODUCTION OF THE SOFTWARE ON THE MEDIA MATERIAL PROVIDED BY TARANTELLA IS CORRECT; AND THAT THE DOCUMENTATION IS CORRECTLY PRINTED TO TARANTELLA'S STANDARD AT THE TIME OF EXECUTION OF THIS AGREEMENT. PROVIDED OEM NOTIFIES TARANTELLA OF ANY NON-CONFORMANCE WITHIN NINETY (90) DAYS OF OEM'S RECEIPT OF LICENSED PRODUCT, TARANTELLA SHALL AT ITS SOLE DISCRETION EITHER 1) REPAIR NONCONFORMING LICENSED PRODUCT, 2) REPLACE THE NON-CONFORMING LICENSED PRODUCT, OR 3) ACCEPT RETURN OF SAME AND REFUND OR CREDIT ANY FEES PAID BY OEM FOR SUCH RETURNED LICENSED PRODUCT. TARANTELLA PROVIDES, TO END USERS ONLY, WARRANTIES FOR LICENSED PRODUCTS AS STATED IN THE TARANTELLA SOFTWARE LICENSE AGREEMENT WHICH ACCOMPANIES EACH LICENSED PRODUCT. ANY INDIRECTLICENSED PRODUCT WHICH IS DELIVERED IN PACKAGING CONTAINING A LICENSE AGREEMENT THAT INDICATES THAT THE LICENSOR IS OTHER THAN TARANTELLA, INCIDENTALIS DEEMED TO BE PROVIDED BY TARANTELLA SOLELY ON AN "AS IS" BASIS, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITYWITHOUT WARRANTY FROM TARANTELLA, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF IS WARRANTED BY THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS NAMED LICENSOR SOLELY TO THE EXTENT ASSIGNED THAT THE PACKAGING, OR LICENSED BY REGENTS’ INVENTORS ACCOMPANYING BREAK-THE-SEAL LICENSE AGREEMENT, IF ANY, EXPRESSLY STATES A WARRANTY. OEM IS NOT AUTHORIZED TO THIRD PARTIESMAKE ANY WARRANTY COMMITMENT ON TARANTELLA'S BEHALF, WHETHER WRITTEN OR ORAL, OTHER THAN THOSE CONTAINED IN THE APPLICABLE STATEMENT OF LIMITED WARRANTY OR SOFTWARE LICENSE AGREEMENT. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This ● Each party represents and warrants that it has the power, authority and legal right to enter into this Agreement and to perform the obligations set out in it, and those set out in contracts incorporated by reference. ● Customer represents and warrants that it owns or has a license for all intellectual property and other proprietary rights necessary to make the associated INVENTION are provided WITHOUT WARRANTY license grants to us contained herein. At our request, Customer will provide us evidence of this ownership or license. Customer represents and warrants that our use of the Customer Content in accordance with such license will not infringe the intellectual property or other proprietary rights of any individual or entity. Customer also represents and warrants that all information it provides to us is complete, accurate and up­to­date. Finally, Customer represents and warrants that if it is a natural person, that it is over eighteen years of age. ● OTHER THAN AS IS EXPRESSLY SET OUT IN THE SLA, THE SERVICES ARE PROVIDED AS­IS, AS AVAILABLE, AND WITH ALL FAULTS. EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTIES SECTION, ABOVE, (i) DARKSPIRE HOSTING MAKES NO WARRANTIES OF MERCHANTABILITY ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND (ii) DARKSPIRE HOSTING AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO: ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON­INFRINGEMENT, UNINTERRUPTED OR ERROR FREE SERVICE, ERROR CORRECTION, AVAILABILITY, ACCURACY AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ● IN NO EVENT SHALL OUR LIABILITY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT OR UNDER ANY OTHER WARRANTYTHEORY OF LIABILITY, EXPRESSED EXCEED IN THE AGGREGATE AMOUNT OF FEES PAID OR IMPLIEDOWED BY CUSTOMER TO US IN THE THREE MONTHS PRECEDING THE CLAIM. REGENTS MAKES ● IN NO REPRESENTATION EVENT SHALL WE OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE OUR LICENSORS HAVE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR LIABILITY TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVECOVER OR PUNITIVE DAMAGES HOWEVER CAUSED, ARISING OUT OF, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEEIN ANY WAY CONNECTED WITH, SUBLICENSEESTHE SERVICES, JOINT VENTURESINCLUDING, BUT NOT LIMITED TO, THE USE, OR AFFILIATES ARISING OUT OF INABILITY TO USE, THE SERVICES OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTCONTENT, OR ANY INTERRUPTION IN THE SERVICES, WHETHER IN CONTRACT, NEGLIGENCE, STRICT TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL ● CUSTOMER AGREES THAT OUR SLA CONTAINS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR INTERRUPTION, PARTIAL UNAVAILABILITY, AND COMPLETE UNAVAILABILITY OF THE SERVICES, AND ANY OTHER ITEM SET OUT IN THE SLA. ● THE DISCLAIMERS AND LIMITATIONS PROVIDED HEREIN DO NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS APPLY TO THE EXTENT ASSIGNED OR LICENSED PROHIBITED BY REGENTS’ INVENTORS TO THIRD PARTIESAPPLICABLE LAW. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license An Authorized User represents and warrants to FinalForms that he/she has the associated INVENTION are provided capacity to understand and accept this TOS Agreement. Further, an Authorized User represents and warrants that he/she is not accessing the service through misrepresentation or false identification. F I N A L F O R M S , I T S E M P L O Y E E S , R E P R E S E N T A T I V E S , A N D SUBCONTRACTORS, IF ANY, MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING OR RELATING TO THE SERVICE PROVIDED TO AN AUTHORIZED USER UNDER THIS TOS AGREEMENT. WITHOUT WARRANTY LIMITING THE GENERALITY OF MERCHANTABILITY OR THE FOREGOING, FINALFORMS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NONINFRINGEMENT. THE SERVICE IS PROVIDED “AS IS,” AND “WITH ALL FAULTS.” FINALFORMS DOES NOT GUARANTEE THAT AN AUTHORIZED USER’S ACCESS TO THE SERVICE PROVIDED UNDER THIS TOS AGREEMENT WILL BE UNINTERRUPTED OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDERROR FREE. REGENTS FINALFORMS DOES NOT GUARANTEE THAT AN AUTHORIZED USER’S INTERNET CONNECTION TO THE SERVICE WILL BE SECURE. FINALFORMS MAKES NO REPRESENTATION OR WARRANTY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE COMPLETENESS OR ACCURACY OF THE STUDENT DATA AN AUTHORIZED USER INPUTS. FINALFORMS DOES NOT WARRANT THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD SERVICE WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTBE AVAILABLE AT ALL TIMES. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license (a) You warrant each System sold in accordance with this Agreement to be free from defects in materials and workmanship for a period of twelve (12) months from the associated INVENTION date of its first use by the end user. You make such warranty to us and to each System end user. You agree to provide warranty service directly to all System end users, at your sole expense. We acknowledge that the only warranty given by you is a warranty to repair or replace any System determined to be defective, or determined by the parties to have failed to meet existing, applicable manufacturers' warranties, specifications and/or standards for the System; provided, however, that if you are provided WITHOUT WARRANTY unable to repair or replace any defective System, you will refund the purchase price paid for the System. THE REMEDY PROVIDED BY YOU AS TO REPAIR OR REPLACEMENT OF MERCHANTABILITY SYSTEMS OR REFUNDS THEREFOR SHALL BE OUR SOLE AND EXCLUSIVE REMEDY UNDER THIS SECTION, AND IT IS EXPRESSLY MADE IN SUBSTITUTION OF ANY AND ALL REMEDIES OTHERWISE AVAILABLE TO US, INCLUDING ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, UNLESS SUCH LIMITATION IS OTHERWISE PROHIBITED UNDER APPLICABLE LAW. EXCEPT AS SET FORTH IN PARAGRAPHS (b) AND (c) OF THIS SECTION, YOU HEREBY DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, HOWSOEVER ARISING RELATED TO THE SYSTEM, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTMERCHANTABILITY, OR FOR ANY INDIRECTOTHERWISE, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS SAVE TO THE EXTENT ASSIGNED SUCH WARRANTIES ARE UNABLE TO BE EXCLUDED BY APPLICABLE LAW. YOU NEITHER ASSUME OR LICENSED BY REGENTS’ INVENTORS AUTHORIZE ANY PERSON TO THIRD PARTIESASSUME FOR YOU ANY OTHER ADDITIONAL LIABILITY OR RESPONSIBILITY WITH RESPECT TO THE SYSTEM. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty You represent and warrant that all Systems you sell to us (i) shall be manufactured in accordance with Food and Drug Administration ("FDA") Good Manufacturing Practices requirements in the U.S. and other similar governmental standards applicable in the Territory, (ii) shall have all FDA and other governmental approvals required in the Territory in order to allow us to sell them for use in the Market, and (iii) shall bear labeling that conforms to FDA and other applicable governmental rules and regulations in the Territory. We shall be responsible for obtaining any approval or representation that anything madelicense necessary to import the Systems into the Territory outside of the U.S. You agree to cooperate and use your best efforts to assist us in obtaining and maintaining any and all necessary regulatory or other government approvals regarding the use or sale of the System within the Territory outside of the U.S. and all such approvals relating to the System shall, usedif local regulatory policy permits, be obtained in your name and benefit as the manufacturer and shall allow you to continue sales of the System in such country in the event of the termination of this Agreement. Upon termination of this Agreement, we will make all reasonable efforts at your expense to transfer local registrations to you or SOLD under your designated third party. All costs associated with obtaining and maintain any license granted in and all necessary regulatory or other government approvals regarding the use or sale of the System within the Territory, and any fines and/or penalties resulting from the failure to obtain or maintain such approvals, shall be borne by you during the term of this AGREEMENT is or will be free from infringement of patents of third parties; orAgreement. (c) An obligation to bring You represent and warrant that the System does not and shall not during the term of this Agreement violate or prosecute actions infringe in the Territory any copyright, patent, trademark, trade secret or suits against other proprietary rights of any third parties for patent infringementparty, except as provided in Article 18; orand that no claims of any such infringement have been made through the date of this Agreement. (d) Conferring by implicationYou and we represent and warrant to each other that we and you have all power and authority necessary to enter into and perform our respective obligations under this Agreement, estoppeland you and we have obtained all consents and approvals required to permit each of us to execute, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents deliver and patent applications under REGENTS' PATENT RIGHTSperform this Agreement.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT (a) WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (I) WARRANTY WITH RESPECT TO THE INTENDED OR EXPECTED FUNCTIONAL OPERATION OF THE PRODUCTS; (II) WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY; (III) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE; (IV) WARRANTY OF TITLE; OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR (V) WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS AGAINST INFRINGEMENT OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTRIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. YOU SHALL USE THE PRODUCTS CONSISTENT WITH THE LABELING AND END USER INSTRUCTIONS. PRODUCTS MANUFACTURED BY A THIRD PARTY (“THIRD PARTY PRODUCT”) MAY CONSTITUTE, CONTAIN, BE CONTAINED IN, INCORPORATED INTO, ATTACHED TO OR PACKAGED TOGETHER WITH, THE PRODUCTS. FOR THE AVOIDANCE OF DOUBT, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INDIRECTTHIRD PARTY PRODUCT, INCIDENTALINCLUDING ANY (I) WARRANTY WITH RESPECT TO THE INTENDED OR EXPECTED FUNCTIONAL OPERATION OF SUCH PRODUCTS; (II) WARRANTY OF MERCHANTABILITY; (III) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTY OF TITLE; OR (V) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, CONSEQUENTIALCOURSE OF DEALING, PUNITIVECOURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESOTHERWISE. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) ANY STATEMENTS ON THE SITE OR ANY MATERIALS OR PRODUCTS WE DISTRIBUTE OR SELL HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (“FDA”) OR U.S. ENVIRONMENTAL PROTECTION AGENCY (“EPA”). NEITHER THE PRODUCTS NOR THE COMPONENTS OF THE PRODUCTS AVAILABLE ON THE SITE HAVE BEEN APPROVED, REGISTERED, OR ENDORSED BY THE FDA, EPA, OR ANY REGULATORY AGENCY. THE PRODUCTS ON THE SITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THE INFORMATION ON THE SITE OR OTHER MATERIALS WE MAY PROVIDE TO YOU ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSSUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE.

Warranties. 17.1 This license (a) Seller warrants that the Products covered by this Agreement will meet the specifications for such Products as reflected on Seller's then current Product data sheets, that Seller will convey good title thereto, and the associated INVENTION are provided WITHOUT WARRANTY that such Products shall be delivered free from any lawful security interest or encumbrance. (b) EXCEPT AS SET FORTH IN SECTION 8(a) ABOVE, NEITHER SELLER NOR ANY MANUFACTURER OR OTHER SELLER (OR ANY AGENT ON THEIR BEHALF, SUCH AGENTS HAVING NO AUTHORITY IN SUCH RESPECT), MAKES ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF MERCHANTABILITY ANY KIND, EITHER EXPRESS OR IMPLIED, OR BY USAGE OF TRADE, STATUTORY OR OTHERWISE, WITH REGARD TO THE PRODUCTS SOLD, OR THE USE OF THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, USE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT ELIGIBILITY OF THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE PRODUCTS FOR ANY LOST PROFITSPARTICULAR TRADE USAGE, COSTS ALL OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESWHICH ARE HEREBY EXPRESSLY DISCLAIMED. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringementUNINTENDED CONSEQUENCES MAY RESULT FROM THE USE OR APPLICATION OF THE PRODUCTS DUE TO, except as provided in Article 18; orBUT NOT LIMITED TO, SUCH FACTORS AS PRESENCE OF OTHER MATERIALS, OR THE MANNER OF USE OR APPLICATION, ALL OF WHICH ARE BEYOND THE CONTROL OF SELLER OR MANUFACTURER. IN NO CASE SHALL SELLER OR MANUFACTURER BE LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES RESULTING FROM THE USE OR HANDLING OF THE PRODUCTS. ALL SUCH RISKS SHALL BE ASSUMED BY BUYER AND BY THE ULTIMATE CONSUMER. (d) Conferring by implicationEach ConAgra Distribution Company that purchases Products will be deemed to have assumed all risks and liabilities whatsoever resulting from transportation, estoppelhandling, or otherwise any license or rights under any patents storage, use, and disposal of REGENTS other than REGENTS' PATENT RIGHTS as defined hereinthe Products after delivery of the Products, regardless of whether such patents Products are dominant used singly or subordinate to REGENTS’ PATENT RIGHTS; orin combination with other substances. (e) An obligation Notwithstanding any other provisions of this Agreement, ConAgra Foods agrees that, if so requested by Seller in advance, to furnish cause any know-how not ConAgra Distribution Company to return to Seller any Products that are, or are claimed to be, damaged or defective, or otherwise to dispose of such Products as Seller may direct. (f) Except as otherwise expressly provided in this Agreement, no claim of any kind whatsoever, whether arising in contract, tort, negligence, breach of warranty, strict liability, or under any other legal theory, as to Products delivered or for non-delivery of Products shall be greater in amount than the patents purchase price of the Products with respect to which damages are claimed, and patent applications under REGENTSSeller's sole liability to ConAgra Foods or to any ConAgra Distribution Company, if any, and the sole remedy in respect of any such claim, shall in no event exceed such purchase price. Seller may satisfy any such liability at its option either by (i) replacing such Products, or (ii) refunding to such buyer (by cash or credit) the purchase price of such Products. (g) Under no circumstances shall either party or their respective affiliates be liable to the other party for consequential, incidental, special or indirect damages. (h) Any advice furnished by Seller or its agents with reference to the use of the Products is given gratis and Seller assumes no obligation or liability for the advice given or the results obtained and any such Products advice furnished by Seller shall not constitute a representation, warranty or guarantee as to any matter, all such advice being given and accepted at the risk of ConAgra Foods and the ConAgra Distribution Company buying the Product or the ultimate consumers. No statements or suggestions contained in Seller's or its affiliates' PATENT RIGHTSliterature are to be construed as inducements to infringe any patent.

Warranties. 17.1 This license 53BThe Seller warrants that the Technical Data are prepared in accordance with the state of art at the date of their conception. Should any Technical Data prepared by the Seller contain non-conformity or defect, the sole and exclusive liability of the associated INVENTION Seller shall be to take all reasonable and proper steps to correct such Technical Data. Notwithstanding the above, no warranties of any kind are provided WITHOUT given for the COC Data, as set forth in Clause 14.9. 54BTHE WARRANTIES, OBLIGATIONS AND LIABILITIES OF THE SELLER AND/OR ITS SUPPLIERS AND REMEDIES OF THE BUYER SET FORTH IN THIS CLAUSE 14 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF THE SELLER AND/OR ITS SUPPLIERS AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, ITS SUPPLIERS AND/OR THEIR INSURERS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN ANY TECHNICAL DATA DELIVERED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO: 55BANY WARRANTY AGAINST HIDDEN DEFECTS (GARANTIE DES VICES CACHES); 56BANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FITNESS; 57BANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; 58BANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY, WHETHER CONTRACTUAL OR DELICTUAL AND WHETHER OR NOT ARISING FROM THE SELLER’S AND/OR ITS SUPPLIERS’ NEGLIGENCE, ACTUAL OR IMPUTED; AND 59BANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR A PARTICULAR PURPOSE LOSS OR DAMAGE TO ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY OR PART THEREOF OR ANY OTHER WARRANTYTECHNICAL DATA DELIVERED HEREUNDER. 60BTHE SELLER AND/OR ITS SUPPLIERS SHALL HAVE NO OBLIGATION OR LIABILITY, EXPRESSED HOWSOEVER ARISING, FOR LOSS OF USE, REVENUE OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, PROFIT OR FOR ANY INDIRECTOTHER DIRECT, INCIDENTALINCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN ANY TECHNICAL DATA DELIVERED UNDER THIS AGREEMENT. 61BFOR THE PURPOSES OF THIS CLAUSE 14.11.2, CONSEQUENTIAL“THE SELLER” SHALL INCLUDE THE SELLER, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR ITS AFFILIATES ARISING OUT AND ANY OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESTHEIR RESPECTIVE INSURERS. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license District represents and warrants that any data, information, applications, or other materials that District provides to Provider are either in the associated INVENTION are provided custody of or owned by District and/or licensed for use by District and by Provider for all uses contemplated by this Agreement. Provider represents and warrants that it will perform the Services in a timely and professional manner, in conformance with generally accepted industry standards. THE REPRESENTATIONS AND WARRANTIES IN THE AGREEMENT ARE THE ONLY REPRESENTATIONS AND WARRANTIES CONCERNING THE SERVICES, AND HOBSONS AND ITS THIRD PARTY LICENSORS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, INCLUDING WITHOUT WARRANTY LIMITATION WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, RESULTS, AND IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, EVEN IF HOBSONS OR ITS THIRD PARTY LICENSORS, SUPPLIERS OR VENDORS HAVE BEEN INFORMED OF SUCH PURPOSE, OR ANY OTHER WARRANTYREPRESENTATIONS AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, EXPRESSED COURSE OF DEALING, OR IMPLIEDUSAGE OF TRADE. REGENTS MAKES NO REPRESENTATION OR WARRANTY THE SERVICES MAY INVOLVE DATA TRANSMISSION OVER THE INTERNET AND, AS SUCH, PROVIDER DOES NOT WARRANT THAT THE INVENTIONSERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SIMILARLY, REGENTS’ PATENT RIGHTSAS THE DATA BEING MANAGED BY PROVIDER ORIGINATES FROM DISTRICT’S USERS, LICENSED PRODUCTSNEITHER PROVIDER NOR ANY OF ITS THIRD-PARTY LICENSORS, LICENSED SERVICES SUPPLIERS OR LICENSED METHOD WILL NOT INFRINGE VENDORS MAKES ANY PATENT WARRANTY AS TO THE ACCURACY, COMPLETENESS OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION RELIABILITY OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, INFORMATION OBTAINED THROUGH THOSE SERVICES THAT RELY ON DATA ORIGINATING FROM DISTRICT’s USERS. NO AGENT OF PROVIDER IS AUTHORIZED TO ALTER OR EXCEED THE REPRESENTATION AND BREACH WARRANTY OBLIGATIONS OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESPROVIDER AS SET FORTH HEREIN. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license and the associated INVENTION are provided WITHOUT All Product Sold "AS-IS" or "With All Faults" Shadowdancers L.L.C. IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY Shadowdancers L.L.C. ARE NOT MANUFACTURED BY Shadowdancers L.L.C.. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). Shadowdancers L.L.C. ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. Shadowdancers L.L.C. MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. Shadowdancers L.L.C. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, AND ANY OTHER WARRANTYIMPLIED WARRANTIES ARISING FROM STATUTE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONTRADE USAGE, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS COURSE OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTDEALING, OR FOR COURSE OF PERFORMANCE. ALL ITEMS SOLD THROUGH Shadowdancers L.L.C. ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY INDIRECTOF THESE ITEMS PROVE DEFECTIVE, INCIDENTAL, CONSEQUENTIAL, PUNITIVEDO NOT FUNCTION, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEEFUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, SUBLICENSEESTHE BUYER, JOINT VENTURESAND NOT THE MANUFACTURER, DISTRIBUTOR, OR AFFILIATES ARISING OUT Shadowdancers L.L.C. , ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESREPAIR. 17.3 Nothing in this AGREEMENT is or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTS.

Warranties. 17.1 This license 4.1 IES warrants that it has, and any Consultant used in the associated INVENTION are provided WITHOUT WARRANTY performance of its obligations hereunder has, the right to enter into and perform under this Agreement and that all Services performed under this Agreement shall be performed in a workmanlike and professional manner. 4.2 EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, IES MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 5 Limitation of Liability and Indemnification 5.1 EXCEPT TO THE EXTENT CAUSED BY IES’ OR ITS CONSULTANTS’ GROSS NEGLIGENCE OR INTENTIONAL OR WILLFUL MISCONDUCT, IN NO EVENT SHALL IES OR ITS CONSULTANTS BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT, OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT OF CHARGES PAID BY CLIENT HEREUNDER FOR TUE SERVICES WHICH GAVE RISE TO SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OR OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTREMEDY. 17.2 REGENTS WILL NOT 5.2 EXCEPT TO THE EXTENT CAUSED BY IES’ OR ITS CONSULTANTS’ GROSS NEGLIGENCE OR INTENTIONAL OR WILLFUL MISCONDUCT, IN NO EVENT SHALL IES OR ITS CONSULTANTS BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIALINDIRECT, EXEMPLARY, PUNITIVE, OR OTHER SPECIAL CONSEQUENTIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTAND HOWEVER CAUSED, CONTRACTINCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION OR LOSS OF PROFITS, NEGLIGENCEBUSINESS OPPORTUNITIES, STRICT LIABILITY, AND BREACH OF WARRANTY) OR GOOD WILL EVEN IF REGENTS HAS BEEN ADVISED NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESREMEDY. 17.3 Nothing 5.3 Client shall indemnify and hold harmless IES and its respective officers, directors, members, employees, Consultants, agents and successors and assigns (“Indemnified Parties”) against (i) any and all demands, claims, and causes of action initiated by a third party in this AGREEMENT is connection with any Services or will advice rendered to Client by the Indemnified Parties (“Third Party Claim”); and (ii) any and all damages, costs, expenses, penalties, losses and liabilities arising from or related to a Third Party Claim (whether under a theory of negligence, strict liability, contract or otherwise), incurred by Indemnified Parties including, without limitation, reasonable attorneys’ fees and costs and investigative costs (collectively, “Loss”), except that Client shall not indemnify Indemnified Parties for any Loss arising from IES’ or the Consultant’s gross negligence or intentional or willful misconduct or for which indemnification would not be construed as: (a) A warranty or representation by REGENTS as permitted under applicable law. Subject to the validitypreceding sentence, enforceability indemnification shall apply even if the Loss is due in whole or scope in part to the negligence of any REGENTS' PATENT RIGHTS; or (b) A warranty Indemnified Parties. The contract rights to indemnification conferred under this paragraph shall not be exclusive of any other right that any Indemnified Party may have or representation that anything made, used, or SOLD under any license granted in this AGREEMENT is or will be free from infringement of patents of third parties; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18; or (d) Conferring by implication, estoppel, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or (e) An obligation to furnish any know-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSacquire.