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 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 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 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 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. ▇▇▇▇▇ 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, ▇▇▇▇▇ 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 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 WITHOUT WARRANTY NO WARRANTIES; EQUIPMENT “AS IS”. COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE CONDITION OF MERCHANTABILITY THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS CONSTRUCTION OR WORKMANSHIP, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. COMPANY FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO CUSTOMER OR THIRD PARTIES AS A PARTICULAR PURPOSE RESULT OF ANY DEFECTS, LATENT OR ANY OTHER WARRANTYOTHERWISE, EXPRESSED OR IMPLIEDIN THE EQUIPMENT. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT AS TO COMPANY, CUSTOMER HAS MADE THE INVENTIONDECISION TO RENT THIS EQUIPMENT AND OPERATOR/OILER BASED ON CUSTOMER’S REQUIREMENT’S FOR THIS PROJECT. COMPANY PROVIDES THIS EQUIPMENT, REGENTS’ PATENT RIGHTSOPERATOR/OILER AVAILABLE FROM A POOL OF AVAILABLE PERSONNEL AND MACHINES FOR CUSTOMER’S USE AND THE DECISION TO USE THIS EQUIPMENT, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL OPERATOR/OILER IS SOLELY CUSTOMER’S DECISION. CUSTOMER RENTS THE EQUIPMENT “AS IS”. COMPANY SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOST PROFITSLOSS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTDELAY, OR FOR DAMAGE RESULTING FROM DEFECTS IN THE EQUIPMENT OR ANY INDIRECTACCIDENTAL BREAKAGE. NOTWITHSTANDING THE FOREGOING, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COMPANY SHALL REPLACE THE EQUIPMENT WITH SIMILAR EQUIPMENT IF THE EQUIPMENT FAILS TO OPERATE IN ACCORDANCE WITH THE MANUFACTURERS SPECIFICATIONS AND/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 OPERATING INSTRUCTIONS. SUCH REPLACEMENT SHALL BE MADE AS SOON AS REASONABLY POSSIBLE AFTER CUSTOMER RETURNS 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 PARTIESNON- CONFORMING EQUIPMENT. 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 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 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 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 (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 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 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 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 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 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 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 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 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 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 (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 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 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 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. ▇▇▇▇▇▇ 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 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 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 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 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 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 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 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 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 and the associated INVENTION are provided WITHOUT WARRANTY A. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATEVER, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THERE ARE NO WARRANTIES OR REPRESENTATIONS WHICH EXTEND BEYOND THE FACE OF THIS AGREEMENT. B. COMPANY DOES WARRANT THAT SERVICE UNDER THIS AGREEMENT WILL BE COMPETENT AND THAT PARTS INSTALLED ON THE SYSTEM IN CONNECTION WITH SERVICE PROVIDED UNDER THIS AGREEMENT WILL MEET MANUFACTURER’S SPECIFICATIONS AT THE TIME THEY ARE INSTALLED. FAILURES TO PERFORM CONSISTENTLY WITH THIS WARRANTY WILL BE REMEDIED SOLEY BY THE COMPANY DURING THE TERM OF THIS AGREEMENT, BY CORRECTLY RE-PERFORMING NONCOMPLYING SERVICE(S) OR REPAIRING OR REPLACING DEFECTIVE MATERIALS PROVIDED BY THE COMPANY, UPON WRITTEN NOTICE TO THE COMPANY BY THE CLIENT DURING THE TERM(S) OF THIS AGREEMENT. C. THE COMPANY DOES NOT KNOW AND DOES NOT REPRESENT THAT THE CURRENT FIRE PROTECTION SYSTEM ON THE PROPERTY OF CLIENT WAS ORIGINALLY DESIGNED AND INSTALLED IN SUCH A WAY THAT THE SYSTEM WILL PERFORM AS ORIGINALLY INTENDED OR IS SUITABLE AND SUFFICIENT FOR ITS INTENDED PURPOSE GIVEN THE WAY IN WHICH THE PROPERTY HAS BEEN OR ANY OTHER WARRANTYWILL BE USED, EXPRESSED RECONFIGURED OR IMPLIEDMAINTAINED. REGENTS MAKES NO REPRESENTATION THIS AGREEMENT IS NOT A GUARANTEE OR WARRANTY THAT THE INVENTIONSYSTEM WILL IN ALL CASES (i) PROVIDE THE LEVEL OF PROTECTION FOR WHICH IT WAS ORIGINALLY INTENDED, REGENTS’ PATENT RIGHTS(ii) IS FREE OF ALL DEFECTS AND DEFICIENCIES, LICENSED PRODUCTSAND (iii) IS IN COMPLIANCE WITH ALL APPLICABLE CODES. CLIENT AGREES THAT IT HAS NOT RETAINED COMPANY TO MAKE THESE ASSESSMENTS AS PART OF THIS AGREEMENT. ANY SUCH ASSESSMENT MUST BE BY A SEPARATE AGREEMENT SUBJECT TO THESE TERMS AND CONDITIONS. COMPANY FURTHER DOES NOT REPRESENT, LICENSED SERVICES GUARANTEE OR LICENSED METHOD WARRANT THAT ANY EQUIPMENT REFERRED TO IN THIS AGREEMENT OR ANY SERVICE OR INSPECTION PROVIDED BY IT UNDER THIS AGREEMENT WILL NOT INFRINGE ANY PATENT RESULT IN A SYSTEM WHICH WILL OPERATE AS DESIGNED, OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE IS SUITABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTPARTICULAR PURPOSE, OR FOR WILL PREVENT ANY INDIRECTLOSS BY BURGLARY, INCIDENTALFIRE OR OTHERWISE, CONSEQUENTIALOR WILL IN ALL CASES OR ANY PARTICULAR CASE AVERT OR PREVENT RISKS, PUNITIVELOSSES, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURESOCCURENCES, OR AFFILIATES ARISING OUT OF THE CONSEQUENCES THEREFROM, WHICH THE EQUIPMENT OR RELATED SERVICES WERE OR ARE DESIGNED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTPERFORM, 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 DETECT OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESAVERT. 17.3 Nothing in this AGREEMENT D. The Company is or will be construed as: not responsible for any damages due to: (a1) A warranty or representation by REGENTS as to the validityincompatibility of materials within a CPVC piping system, 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 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 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 (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 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. ▇▇▇▇▇ 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 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 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 The limited warranties for Contractor-branded hardware shall be as stated in the documentation provided with the hardware. If there is no such documentation, then the warranties shall be as stated at ▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇. Contractor warrants that Hardware Services shall be performed in a good and workmanlike manner. OETC’s exclusive remedy and Contractor’s sole obligation for any breach of any Hardware Services warranty shall be for Contractor to re-perform the associated INVENTION are provided WITHOUT non-conforming Hardware Services. EXCEPT AS EXPRESSLY STATED BY CONTRACTOR IN THIS AGREEMENT, ANY APPLICABLE SOW, AMENDMENT OR EXHIBIT HERETO, ANY DELL WEBSITE OR DELIVERED WITH ANY PRODUCT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONTRACTOR (INCLUDING CONTRACTOR AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO ANY OF MERCHANTABILITY THE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (a) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONPERFORMANCE, 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 INFRINGEMENTSUITABILITY, 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 RIGHTSNON-INFRINGEMENT; 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 partiesFOR ANY THIRD-PARTY PRODUCTS OR SERVICES; or (c) An obligation to bring or prosecute actions or suits against third parties for patent infringement, except as provided in Article 18FOR THE PERFORMANCE OF OR RESULTS TO BE OBTAINED FROM ANY PRODUCTS OR SERVICES; or OR (d) Conferring by implicationTHAT THE PRODUCTS OR SERVICES WILL OPERATE OR BE PROVIDED WITHOUT INTERRUPTION OR ERROR. PRODUCTS AND SERVICES ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS, estoppelREQUIRING FAIL-SAFE PERFORMANCE, or otherwise any license or rights under any patents of REGENTS other than REGENTS' PATENT RIGHTS as defined hereinSUCH AS ANY APPLICATION IN WHICH THE FAILURE OF THE PRODUCTS OR SERVICES COULD LEAD DIRECTLY TO DEATH, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; or PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (e) An obligation to furnish any knowCOLLECTIVELY, “HIGH-how not provided in the patents and patent applications under REGENTS' PATENT RIGHTSRISK ACTIVITIES”). WARRANTIES DO NOT COVER DAMAGE DUE TO EXTERNAL CAUSES, SUCH AS ACCIDENT, ABUSE, MISUSE, PROBLEMS WITH ELECTRICAL POWER, SERVICES NOT PERFORMED OR AUTHORIZED BY CONTRACTOR (INCLUDING INSTALLATION OR DE- INSTALLATION), USAGE NOT IN ACCORDANCE WITH THE DOCUMENTATION, NORMAL WEAR AND TEAR, OR USE OF PARTS AND COMPONENTS NOT SUPPLIED OR INTENDED FOR USE WITH THE PRODUCTS OR HARDWARE SERVICES. ANY WARRANTY ON A THIRD-PARTY PRODUCT IS PROVIDED BY THE PUBLISHER, PROVIDER, OR ORIGINAL MANUFACTURER. ALL THIRD-PARTY PRODUCTS ARE PROVIDED BY CONTRACTOR “AS IS.”

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 ▇▇▇ ▇▇▇▇ 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 ▇▇▇ ▇▇▇▇ 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 ▇▇▇ ▇▇▇▇ 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 ▇▇▇ ▇▇▇▇ 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 and the associated INVENTION are provided 8.1 SUBJECT TO THE REMAINDER OF THIS CLAUSE 8, WE WARRANT THAT: 8.1.1 EACH SUBSCRIBED SERVICE WILL OPERATE MATERIALLY IN ACCORDANCE WITH ITS DESCRIPTION WHEN USED IN ACCORDANCE WITH THIS AGREEMENT UNDER NORMAL USE AND NORMAL CIRCUMSTANCES DURING THE RELEVANT SUBSCRIPTION TERM; AND 8.1.2 WE WILL PROVIDE EACH OF THE SERVICES WITH REASONABLE CARE AND SKILL. 8.2 YOU ACKNOWLEDGE THAT CLAUSE 8.1 DOES NOT APPLY TO FREE OR TRIAL SERVICES OR TO SUPPORT SERVICES PROVIDED IN CONNECTION WITH THE SAME. WITHOUT PREJUDICE TO OUR OBLIGATIONS UNDER THIS AGREEMENT IN RESPECT OF PROTECTED DATA, FREE OR TRIAL SERVICES AND SUPPORT SERVICES PROVIDED IN CONNECTION WITH THE SAME ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY LAW. 8.3 THE SERVICES MAY BE SUBJECT TO DELAYS, INTERRUPTIONS, ERRORS OR OTHER PROBLEMS RESULTING FROM USE OF MERCHANTABILITY THE INTERNET OR FITNESS PUBLIC ELECTRONIC COMMUNICATIONS NETWORKS USED BY THE PARTIES OR THIRD PARTIES OR BY THIRD PARTY SOFTWARE CONNECTED TO OUR SERVICES. YOU ACKNOWLEDGE THAT SUCH RISKS ARE INHERENT IN CLOUD SERVICES AND THAT WE WILL HAVE NO LIABILITY FOR ANY SUCH DELAYS, INTERRUPTIONS, ERRORS OR OTHER PROBLEMS. 8.4 IF THERE IS A PARTICULAR PURPOSE BREACH OF ANY WARRANTY IN CLAUSE 8.1 WE WILL AT OUR OPTION: USE REASONABLE ENDEAVOURS TO REPAIR OR REPLACE THE IMPACTED SERVICES WITHIN A REASONABLE TIME OR PAY THE COSTS OF HAVING THE RELEVANT SERVICES SUPPLIED AGAIN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS CLAUSE 8.4 SETS OUT YOUR SOLE AND EXCLUSIVE REMEDY (HOWEVER ARISING, WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE) FOR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT BREACH OF ANY OF THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WARRANTIES IN CLAUSE 8.1. 8.5 THE WARRANTIES IN CLAUSE 8.1 ARE SUBJECT TO THE LIMITATIONS SET OUT IN CLAUSE 17 AND 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 APPLY TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is or will be construed asTHAT ANY ERROR IN THE SERVICES ARISES AS A RESULT OF: 8.5.1 INCORRECT OPERATION OR USE OF THE SERVICES BY YOU, ANY AFFILIATE OR ANY APPROVED USER (a) A warranty or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTSINCLUDING ANY FAILURE TO FOLLOW THE DOCUMENTATION OR FAILURE TO MEET MINIMUM SPECIFICATIONS); 8.5.2 USE OF ANY OF THE SERVICES OTHER THAN FOR THE PURPOSES FOR WHICH IT IS INTENDED; or 8.5.3 USE OF ANY SERVICES WITH OTHER SOFTWARE OR SERVICES OR ON EQUIPMENT WITH WHICH IT IS INCOMPATIBLE (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.UNLESS WE RECOMMENDED OR REQUIRED THE USE OF THAT OTHER SOFTWARE OR SERVICE OR EQUIPMENT IN THE DOCUMENTATION);

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 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. ▇▇▇ 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 ▇▇▇ IS NOT CONTRACTUALLY OBLIGATED TO PROVIDE BUT THAT ABT ▇▇▇ 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 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 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 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 ▇▇▇▇ 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 ▇▇▇▇ 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 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. ▇▇▇▇▇▇ 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 WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, AND ANY DIRECT DAMAGES SUFFERED REMEDIES SPECIFIED IN CONNECTION THEREWITH, ARE CONSISTENT WITH AND IN ADDITION TO THOSE PROVIDED 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 PARTIESUNIFORM COMMERCIAL CODE. 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 EXCEPT AS MAY BE PROHIBITED OR RESTRICTED BY APPLICABLE LAW, ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS FOR YOUR USE. WASF/USACC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND WASF/USACC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. WASF/USACC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, CORRECT OR SECURE; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SATISFACTION, QUALITY, PERFORMANCE, ACCURACY AND EFFORT CONCERNING THE SERVICES ARE SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. FOR WASF/USACC, THE ENTIRE AND EXCLUSIVE LIABILITY OF WASF/USACC UNDER THIS AGREEMENT, INCLUDING USE OF THE SERVICES BY USERS SHALL BE AS STATED IN THE WASF/USACC BYLAWS AND OTHER POLICIES, INCLUDING THESE AND ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDAPPLICABLE TERMS. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL YOU AGREE NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE TO HOLD WASF/USACC LIABLE FOR ANY LOST PROFITSLOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SERVICES. YOUR EXCLUSIVE REMEDY SHALL BE AS OUTLINED IN THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESIN NO EVENT SHALL WASF/USACC (INCLUDING ITS OFFICERS, LOST BUSINESSDIRECTORS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTEMPLOYEES, OR AND AGENTS) BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIALEXEMPLARY, PUNITIVECONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEEFOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, SUBLICENSEESDATA, JOINT VENTURESUSE, BUSINESS OR AFFILIATES GOODWILL, ARISING OUT OF OR RELATED IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS, (C) YOUR USE OF, OR INABILITY TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ACCESS OR USE, THE SERVICE OR ANY KIND CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR (INCLUDNG TORTD) A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS SUCH DAMAGES WERE FORESEEABLE OR WASF/USACC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS IN NO EVENT WILL NOT BE LIABLE WASF/USACC’S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEALL DAMAGES, SUBLICENSEES, JOINT VENTURES LOSSES OR AFFILIATES CAUSES OF ACTION ARISING OUT OF OR RELATED IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS, IF ANY, PAID BY YOU TO PATENT RIGHTS WASF/USACC FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR (B) FIFTY UNITED STATES DOLLARS ($50.00). THE EXTENT ASSIGNED LIMITATIONS OUTLINED IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR LICENSED DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY SITE, WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this AGREEMENT is WASF/ USACC OR A LICENSOR OF WASF/USACC. You agree that regardless of any statute or will be construed as: (a) A warranty or representation by REGENTS as law to the validitycontrary, enforceability any claim or scope cause of action arising out of, related to or connected with the use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever banned. WASF/USACC may establish limits concerning the use of the whole or any REGENTS' PATENT RIGHTS; or (b) A warranty part of the Services, including without limitation the maximum number of times and duration you or representation that anything madeyour authorized users may access the Services. WASF/USACC has no responsibility or liability for the deletion, usedcorruption or failure to store any information, data or SOLD under any license granted in this AGREEMENT is other content maintained 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 transmitted 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 RIGHTSServices.

Warranties. 17.1 This license and the associated INVENTION are provided RANGE MARKET IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF MERCHANTABILITY OR TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY OTHER WARRANTY, EXPRESSED PARTICULAR TIME OR IMPLIED. REGENTS MAKES NO REPRESENTATION LOCATION; (II) ANY DEFECTS OR WARRANTY THAT ERRORS WILL BE CORRECTED; (III) THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT BE FREE OF VIRUSES OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER RANGE MARKET, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS PROFITS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTREVENUES, OR FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIALINDIRECT, 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, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF IN CONNECTION WITH THE POSSIBILITY OF SUCH DAMAGESSERVICES OR THESE TERMS. REGENTS WILL NOT BE LIABLE IN NO EVENT SHALL RANGE MARKET’S AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEEXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID RANGE MARKET IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED SO THE ABOVE LIMITATIONS MAY NOT 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 LANDLORD HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, NOR DOES LANDLORD MAKE ANY HEREIN REGARDING THE CONDITION OF THE PREMISES OR ANY PART THEREOF, INCLUDING, WITHOUT WARRANTY OF MERCHANTABILITY OR LIMITATION, THE PREMISES' FITNESS FOR A ANY PARTICULAR PURPOSE USE OR OCCUPANCY. LANDLORD FURTHER HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, BOTH EXPRESS AND IMPLIED IN LAW, WITH RESPECT TO THE CONDITION, HABITABILITY, OR SUITABILITY OF THE PREMISES, OR ANY PART THEREOF, FOR THE USE AND PURPOSES PERMITTED HEREUNDER OR ANY OTHER WARRANTYPURPOSE, EXPRESSED AND LANDLORD DOES NOT REPRESENT OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY WARRANT THAT THE INVENTIONPREMISES OR ANY PART THFRFOF COMPLIES WITH ANY LAWS RELATING TO THE USES AND OCCUPANCY THEREOF. TENANT FULLY UNDERSTANDS THAT THERE MAY BE CERTAIN REPAIRS AND ALTERATIONS REQUIRED FOR THE CONTINUED LICENSING AND/OR CERTIFICATION OF THE PREMISES, REGENTS’ PATENT RIGHTSAND TENANT SHALL BE FULLY RESPONSIBLE FOR THE COST OF AND FOR EFFECTUATING ANY AND ALL ALTERATIONS, LICENSED PRODUCTSREPAIRS AND REPLACEMENTS REQUIRED TO BE MADE FOR THE CONTINUED LICENSING AND CERTIFICATION OF THE PREMISES, LICENSED SERVICES OR LICENSED METHOD WILL AS WELL AS ALL ALTERATIONS AND REPLACEMENTS REQUIRED TO MAINTAIN AND PRESERVE THE PREMISES IN THE CONDITION CALLED FOR HEREIN. THE PARTIES HEREBY ACKNOWLEDGE THAT LANDLORD IS NOT INFRINGE RESPONSIBLE FOR, AND TENANT SHALL HOLD LANDLORD HARMLESS IN CONNECTION WITH, ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE SUCH REPAIRS, REPLACEMENTS, AND ALTERATIONS TO THE PREMISES 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 DAMAGESREASON WHATSOEVER. 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 Initials 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.Tenant /s/ JA

Warranties. 17.1 This license and the associated INVENTION are provided 7.1 ADI EXPRESSLY AGREES THAT THE LICENSED ALGORITHMS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND, EXCEPT FOR THOSE SPECIFICALLY PROVIDED FOR IN SECTION 7.2. FURTHERMORE, ▇▇▇▇▇▇ 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 SOFTWARE. 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 LICENSED ALGORITHMS OR BREACH OF ANY WARRANTY OR OTHER TERM OF THIS CONTRACT, NEGLIGENCEREGARDLESS OF WHETHER ▇▇▇▇▇▇ 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 ▇▇▇▇▇▇ has full title and ownership of the Licensed Algorithms and has not assigned, transferred, pledged or otherwise encumbered the Licensed Algorithms 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 Licensed Algorithms do 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 ▇▇▇▇▇▇ 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 Licensed Algorithms or that would affect the validity or enforceability of any patent that may issue showing ▇▇▇▇▇▇ as the inventor and covering any one or more aspects of the Licensed Algorithms. 7.3 ▇▇▇▇▇▇ 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 and the associated INVENTION are provided THE SYSTEM IS PROVIDED “AS IS”. NONE OF ICX, ITS AFFILIATES OR ANY THIRD-PARTY PROVIDER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR AS TO RESULTS TO BE ATTAINED BY SUBSCRIBER OR ANYONE ELSE FROM THE USE OF THE SYSTEM. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, ICX, ITS AFFILIATES AND ALL THIRD- PARTY PROVIDERS DISCLAIM ALL WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING, OR THAT ARISE FROM STATUTE OR FROM A COURSE OF DEALING, USAGE OR TRADE INCLUDING WITHOUT WARRANTY LIMITATION ANY WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS OF FITNESS FOR PURPOSE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MERCHANTABLE OR SATISFACTORY QUALITY, OR NON-INFRINGEMENT. NONE OF ICX, ITS AFFILIATES OR ANY OTHER WARRANTYTHIRD-PARTY PROVIDER SHALL HAVE ANY RESPONSIBILITY TO MAINTAIN THE SYSTEM OR TO SUPPLY ANY CORRECTIONS, EXPRESSED UPDATES OR IMPLIEDRELEASES IN CONNECTION THEREWITH. REGENTS MAKES NO REPRESENTATION NONE OF ICX, ITS AFFILIATES OR WARRANTY THAT ANY THIRD-PARTY PROVIDER IS SOLICITING ANY ACTION BASED UPON 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 DAMAGESSYSTEM. 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 The entire risk as to the validityquality and performance of the Services are with the Subscriber and there is no guarantee that the services provided by ICX will meet the Subscriber’s requirements, enforceability or scope of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, usedbe error free, 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 RIGHTSoperate without interruption.

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 WITHOUT LESSOR, NOT BEING THE MANUFACTURER OF THE EQUIPMENT NOR THE MANUFACTURER'S AGENT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO: THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR A PARTICULAR PURPOSE PURPOSE; THE DESIGN OR CONDITION OF THE EQUIPMENT; THE QUALITY OR CAPACITY OF THE EQUIPMENT; THE WORKMANSHIP IN THE EQUIPMENT; COMPLIANCE OF THE EQUIPMENT WITH THE REQUIREMENTS OF ANY OTHER WARRANTYLAW, EXPRESSED RULE, OR IMPLIED. REGENTS MAKES NO REPRESENTATION SPECIFICATION; PATENT INFRINGEMENTS OR WARRANTY LATENT DEFECTS, IT BEING AGREED THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL EQUIPMENT IS LEASED "AS IS" AND THAT ALL RISKS AS BETWEEN LESSOR AND LESSEE ARE TO BE BORNE BY LESSEE. LESSOR IS NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE RESPONSIBLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTINSTALLATION OF, OR FOR ANY INDIRECTREPAIRS OR SERVICE TO, INCIDENTALTHE EQUIPMENT. LESSOR IS NOT RESPONSIBLE FOR LOSS OF PROFIT OR FINANCIAL LOSS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CONSEQUENTIALINCLUDING, PUNITIVEBUT NOT LIMITED TO, LOSS OR OTHER SPECIAL DAMAGES SUFFERED INTERRUPTION OF BUSINESS, WHICH MAY BE DIRECTLY OR INDIRECTLY CAUSED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED ATTRIBUTABLE 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 INADEQUACY OF THE POSSIBILITY OF SUCH DAMAGESEQUIPMENT. 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 Lessee will be construed as: (a) A subrogated to Lessor's claims, if any, against the manufacturer or supplier of the Equipment for breach of any warranty or representation by REGENTS as and, Lessor shall enforce any such warranty, express or implied, issued on or applicable to any of the validityEquipment, enforceability or scope provided, that Lessee is not in default under the Lease pursuant to Section 13, hereof, and 3 Lessor shall not be obligated to enforce any such warranty unless Lessee agrees in writing to pay all expenses in connection therewith. All proceeds of any REGENTS' PATENT RIGHTS; or (b) A such warranty recovery from the manufacturer or representation that anything madesupplier of the Equipment shall be used at the discretion of Lessor to either repair or replace the affected Equipment. NOTWITHSTANDING THE FOREGOING, 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 RIGHTSLESSEE'S OBLIGATION TO PAY RENT OR ANY OTHER SUM REQUIRED UNDER THIS LEASE SHALL BE AND IS ABSOLUTE AND UNCONDITIONAL.

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, 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 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 a. Sysco warrants that all Products other than Products which Master Organization has entered into arrangements with the supplier of such Products concerning the purchase of such Products by Master Organization and its members/franchisees ("Customer Directed Products"), as of the associated INVENTION are time of delivery to Customer, (i) will meet the specifications for such Product contained within Sysco's order guide and other written specifications for such Product provided by Sysco, (ii) subject to the statutory trust imposed by the Perishable Agricultural Commodities Act, will be free and clear of any adverse lien or security interest, and (iii) to the extent the Product is subject to the Federal Food, Drug and Cosmetic Act, as amended from time to time (the " FDC Act"), will not be adulterated or misbranded within the meaning of the FDC Act. Sysco warrants that, subject to the statutory trust imposed by the Perishable Agricultural Commodities Act, all Customer Directed Products will be free and clear of any adverse lien or security interest. NO PERSON IS AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION IN ADDITION TO OR IN CONFLICT WITH THE WARRANTIES SET FORTH IN THIS SECTION 6. b. Except as expressly provided herein, SYSCO MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT WARRANTY LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED WARRANTIES THAT ARISE FROM TRADE USAGE 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 RIGHTCUSTOM. 17.2 REGENTS WILL NOT BE LIABLE c. In no event shall either Sysco or Customer be liable FOR ANY LOST PROFITSSPECIAL, COSTS INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PROCURING SUBSTITUTE GOODS OR SERVICESANY SORT (INCLUDING WITHOUT LIMITATION, LOST BUSINESSPROFITS AND LOST ENTERPRISE VALUE) INCURRED BY THE OTHER PARTY WHETHER IN AN ACTION IN CONTRACT, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTTORT OR OTHERWISE, 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 TORTOR THE PERFORMANCE OR BREACH THEREOF, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN IT IS ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEESexcept for losses arising from third party claims that are subject to the indemnification obligations described in the MDA or losses suffered by a party as a result of the breach by the other party and/or its affiliates, 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 employees, officers, or directors, of the confidentiality provisions set forth 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 RIGHTSParticipation Agreement.

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 and the associated INVENTION are provided WITHOUT THE STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYADDENDUM (ADDENDUM NO. 4) CONTAINS THE SELLER’S ONLY WARRANTIES, EXPRESSED EXPRESS OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT , AS TO THE INVENTIONPROPERTY, REGENTS’ PATENT RIGHTSBUILDINGS, LICENSED PRODUCTSIMPROVEMENTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITSUNIT, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESLIMITED COMMON ELEMENTS, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTCOMMON ELEMENTS, OR FOR ANY INDIRECTCONDOMINIUM. THE STATUTORY WARRANTY ADDENDUM CONTAINS WAIVERS OF POTENTIAL CLAIMS AND DISCLAIMERS OF POTENTIAL DEFECTS. SELLER DISCLAIMS ALL OTHER WARRANTIES, INCIDENTALEXPRESS OR IMPLIED, CONSEQUENTIALORAL OR WRITTEN, 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 NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, HABITABILITY, MERCHANTABILITY, WORKMANSHIP OR COMPLIANCE WITH LAW (INCLUDNG TORTINCLUDING WITHOUT LIMITATION COMPLIANCE WITH BUILDING CODES, CONTRACT, NEGLIGENCE, STRICT LIABILITYHEALTH AND SAFETY CODES, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLAND USE CODES). 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 EXCEPT TO THE EXTENT ASSIGNED SET FORTH IN THE STATUTORY WARRANTY ADDENDUM, BUYER AGREES, AS PART OF THE BARGAIN, TO ACCEPT THE UNIT AND THE COMMON ELEMENTS (INCLUDING THE LIMITED COMMON ELEMENTS) OF THE CONDOMINIUM "AS IS" AND WITH ALL DEFECTS, FLAWS OR LICENSED BY REGENTS’ INVENTORS CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THOSE NOTED IN THE LIMITED STATUTORY WARRANTY. THE BUYER HAS EXECUTED OR WILL EXECUTE THE STATUTORY WARRANTY ADDENDUM SIMULTANEOUSLY WITH BUYER EXECUTION OF THIS AGREEMENT. ▇▇▇▇▇ ACKNOWLEDGES THAT IT WAS ADVISED TO THIRD PARTIESREAD THE WARRANTY ADDENDA BEFORE SIGNING THIS AGREEMENT. ▇▇▇▇▇ ALSO ACKNOWLEDGES THAT THE STATUTORY WARRANTY ADDENDUM IS ATTACHED TO THE PUBLIC OFFERING STATEMENT AND THAT BUYER HAS SEVEN (7) DAYS TO REVIEW THE PUBLIC OFFERING STATEMENT AND CANCEL THIS AGREEMENT IF BUYER IS NOT SATISFIED WITH ANY INFORMATION THEREIN, INCLUDING THE TERMS OF SELLER’S WARRANTIES. 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 following warranties shall apply to this Agreement: a. General Warranty. THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY SWISSLOG, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDUSE. 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 SWISSLOG SHALL NOT BE LIABLE FOR ANY LOST PROFITSLOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING HARDWARE, COSTS A SYSTEM(S) AND SERVICES OR ANY OTHER PERFORMANCE UNDER OR PURSUANT TO THIS AGREEMENT. CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF PROCURING SUBSTITUTE GOODS OR SERVICESANY AND ALL WARRANTIES AND FOR SWISSLOG LIABILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, 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 PROVIDED THAT IN NO EVENT WILL SWISSLOG AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED TWENTY FIVE (25%) OF THE TOTAL AMOUNT RECEIVED BY SWISSLOG FROM CUSTOMER UNDER THIS AGREEMENT. IN NO EVENT SHALL SWISSLOG BE LIABLE FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG TORTSPECIAL, CONTRACTINDIRECT, NEGLIGENCEINCIDENTAL, STRICT LIABILITYOR CONSEQUENTIAL LOSSES OR DAMAGES, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS SWISSLOG SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPOTENTIAL LOSS OR DAMAGE. REGENTS WILL NOT BE LIABLE SWISSLOG TOTAL LIABILITY UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES SUFFERED REASON SHALL NOT EXCEED TWENTY FIVE (25%) OF THE TOTAL AMOUNT RECEIVED 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 PARTIESSWISSLOG FROM CUSTOMER UNDER 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 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 CREDIT UNION, 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 CREDIT UNION, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY CREDIT UNION, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. CREDIT UNION ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO MEMBER’S OTHER WARRANTYSYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF CREDIT UNION’S SPECIFICATIONS OR REQUIREMENTS. CREDIT UNION DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET MEMBER’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, MEMBER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. MEMBER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’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, MEMBER ACKNOWLEDGES AND AGREES THAT CREDIT UNION’S THIRD‐PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO MEMBER UNDER THIS AGREEMENT, AND CREDIT UNION DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED. REGENTS MAKES NO REPRESENTATION , INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‐INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR WARRANTY THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTQUIET ENJOYMENT. 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 GOODS SOLD BY SELLER ARE NOT MANUFACTURED BY SELLER, AND SELLER HAS MADE NO AFFIRMATION OF FACT OR PROMISES RELATING TO THE GOODS. ALL WARRANTY CLAIMS SHALL BE ASSERTED EXCLUSIVELY AGAINST THE MANUFACTURER OF THE GOODS. EXCEPT FOR TITLE, THERE ARE NO WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY, RELATING TO THE GOODS. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABLIITY OR FITNESS APPLIES TO THE GOODS. IF BUYER IS AN AUTHORIZED SELLER OR RESELLER FOR ANY MANUFACTURER AND BUYER CHOOSES TO PURCHASE SUCH MANUFACTURER’S GOODS FROM SELLER, ANY DISPUTE BETWEEN BUYER AND MANUFACTURER OF THE GOODS IS SOLELY BETWEEN BUYER AND MANUFACTURER. IF BUYER IS NOT AN AUTHORIZED SELLER OR RESELLER FOR ANY MANUFACTURER AND BUYER CHOOSES TO PURCHASE ANY MANUFACTURER’S GOODS FROM SELLER, ANY DISPUTE BETWEEN BUYER AND MANUFACTURER OF THE GOODS IS SOLELY BETWEEN BUYER AND MANUFACTURER. UNDER NO CIRCUMSTANCES IS SELLER A PART OF OR PARTY TO ANY DISPUTE BETWEEN BUYER OR BUYER’S CUSTOMER AND ANY MANUFACTURER. GOODS SOLD BY SELLER ARE NOT MANUFACTURED BY SELLER. THE GOODS MAY BE COVERED BY A MANUFACTURER’S WARRANTY, SERVICE, OR SUPPORT POLICY (IF PRESENT). IF SUCH WARRANTY IS PRESENT, SELLER ON DATE OF SHIPPING ASSIGNS AND PASSES TO BUYER ANY SUCH WARRANTY OF THE MANUFACTURER. ▇▇▇▇▇ AGREES, ACCEPTS, AND ACKNOWLEDGES THAT BUYER SHALL HAVE RECOURSE ONLY AGAINST THE MANUFACTURER OF SUCH GOODS UNDER SUCH WARRANTIES AND ONLY AGAINST THE MANUFACTURER. IF REQUESTED BY THE BUYER IN WRITING, THE SELLER MAY BE ABLE TO PURCHASE A MANUFACTURER’S WARRANTY, SERVICE, AND SUPPORT POLICY. IN THE EVENT BUYER MAKES SUCH A REQUEST AND SELLER IS ABLE TO PURCHASE A MANUFACTURER’S WARRANTY, SERVICE, AND SUPPORT POLICY, THEN BUYER HEREBY AGREES TO PREPAY SELLER THE FULL COST OF SUCH PURCHASE. ANY ORDER RECEIVED FOR SUCH WARRANTY IS NON- CANCELLANBLE AND ANY AMOUNT PAID BY BUYER TO SELLER FOR SUCH WARRANTY, SERVICE, OR SUPPORT POLICY IS NOT REFUNDABLE IN ANY CIRCUMSTANCES. SELLER MAKES NO REPRESENTATION OR EXPRESS WARRANTY REGARDING ANY GOODS PURCHASED BY BUYER FROM SELLER EXCEPT THOSE STATED HEREIN. SELLER SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY GOODS PURCHASED BY BUYER FROM SELLER, 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 COURSE OF PERFORMANCE. SELLER OFFERS A THIRTY DAY ADVANCED REPLACEMENT WARRANTY FROM THE DATE OF SHIPPING ON GOODS PURCHASED FROM SELLER. IF A GOOD FAILS TO OPERATE UNDER THE MANUFACTURER’S SPECIFIED OPERATING ENVIRONMENT WITHIN THIRTY DAYS FROM THE DATE OF SHIPMENT, SELLER WILL PROVIDE A REPLACEMENT IN EXCHANGE 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 PARTIESDEFECTIVE GOOD. 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 Each party hereby warrants that it has the right to enter into this Agreement and the associated INVENTION are provided WITHOUT WARRANTY to comply with and perform its obligations herein. 6.2 THE LICENSED MATERIALS ARE PROVIDED “AS IS” AND GOSPEL MAKES NO WARRANTIES OF MERCHANTABILITY ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND GOSPEL SPECIFICALLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYIMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR THE USAGE OF TRADE, EXPRESSED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. GOSPEL DOES NOT WARRANT THAT THE LICENSED MATERIALS, (INCLUDING PROFESSIONAL SERVICES OR IMPLIEDRELATED DELIVERABLES, IF ANY), ARE OR WILL BE ERROR- FREE, WILL MEET CUSTOMER’S REQUIREMENTS, OR BE TIMELY OR SECURE. REGENTS MAKES NO THE CUSTOMER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY THAT ON BEHALF OF GOSPEL TO ANY THIRD PARTY. GOSPEL’S LICENSED MATERIALS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE INVENTIONUSE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GOSPEL IS NOT RESPONSIBLE FOR DELAYS, 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, PUNITIVEDELIVERY FAILURES, OR OTHER SPECIAL DAMAGES SUFFERED DAMAGE RESULTING FROM SUCH PROBLEMS NOT CAUSED 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 PARTIESGOSPEL. 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, 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 (a) Capital hereby assigns to Reseller all manufacturers’ warranties and indemnities applicable to the associated INVENTION Equipment to the extent such are provided WITHOUT WARRANTY assignable, and hereby authorizes Reseller to obtain any services furnished in connection therewith. Capital shall execute such documents of assignment as Reseller may reasonably request in connection therewith. Reseller shall reassign such manufacturers’ warranties and indemnities to Capital upon the expiration or termination of this DAAS Agreement or the applicable Statement of Work and execute such documentation as may be required to affect such reassignment. To the extent such warranties and indemnities are not assignable, Capital hereby appoints Reseller as its agent to enforce the same. (b) CAPITAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE WITH RESPECT TO THE CONDITION OR PERFORMANCE OF THE EQUIPMENT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR WITH RESPECT TO PATENT INFRINGEMENT OR THE LIKE. CAPITAL IS NOT RESPONSIBLE FOR ANY OTHER WARRANTY, EXPRESSED REPAIRS OR IMPLIED. REGENTS MAKES NO REPRESENTATION SERVICE TO OR WARRANTY THAT DEFECTS IN THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES EQUIPMENT OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTTHE OPERATION THEREOF. 17.2 REGENTS WILL NOT BE LIABLE (c) CAPITAL SHALL HAVE NO LIABILITY TO RESELLER FOR ANY LOST PROFITSCLAIM, COSTS LOSS OR DAMAGE OF PROCURING SUBSTITUTE GOODS ANY KIND OR SERVICESNATURE WHATSOEVER, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR NOR SHALL THERE BE ANY ABATEMENT OF RENTAL FOR ANY INDIRECTREASON, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES INCLUDING WITHOUT LIMITATION ANY ABATEMENT ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF IN CONNECTION WITH, WHETHER DIRECTLY, INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY, (I) THE EQUIPMENT, (II) ANY KIND DEFICIENCY OR DEFECT THEREIN, (INCLUDNG TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTYIII) EVEN IF REGENTS HAS BEEN ADVISED ANY INADEQUACY OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE EQUIPMENT FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEPURPOSE, SUBLICENSEES(IV) THE USE, JOINT VENTURES PERFORMANCE, OR AFFILIATES ARISING OUT LOSS OF SERVICE OF THE EQUIPMENT, OR RELATED TO PATENT RIGHTS TO (V) ANY LOSS OF BUSINESS RESULTING FROM ANY OF THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESFOREGOING. 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 Reseller will defend, protect, indemnify and hold Capital and any Secured Party harmless against any and all losses, damages, injuries, claims, demands, liabilities, costs, and expenses, including, without limitation, reasonable attorney’s fees, arising out of or in connection with the use, possession or operation of the Equipment, except for any loss or damage caused by implication, estoppel, the willful fault or otherwise any license or rights under any patents gross negligence of REGENTS other than REGENTS' PATENT RIGHTS as defined herein, regardless of whether such patents are dominant or subordinate to REGENTS’ PATENT RIGHTS; orCapital. (e) An obligation to furnish The indemnities and assumptions of liabilities shall continue in full force and effect notwithstanding the termination of this DAAS Agreement, whether by time or otherwise. (f) In the event that Reseller pursues a Vendor for claims, demands, or other disputes arising in connection with any know-how not provided alleged default or breach by the Vendor, or in connection with any warranty for the patents Equipment, and patent applications under REGENTS' PATENT RIGHTS.there exists an Event of Default by Reseller hereunder, then Reseller shall immediately remit, transfer,

Warranties. 17.1 This license The warranties for the Platform, Hosted Services, Subscription Services, and Support Services are solely and expressly as set forth in Exhibit A - SaaS Service Level Support Agreement, Device Licenses, and/or Exhibit B - On-Prem License Terms attached to these Terms and Conditions (collectively, the associated INVENTION are provided "Addenda") and made part of this Agreement. EXCEPT AS EXPRESSLY SET FORTH IN THE ADDENDA (a) THE PLATFORM, HOSTED SERVICES, SUBSCRIPTION SERVICES, AND SUPPORT SERVICES ARE PROVIDED STRICTLY “AS IS”, WITHOUT WARRANTY ANY WARRANTIES OF MERCHANTABILITY ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, WRITTEN OR ORAL, (b) EPAM DOES NOT PROMISE THAT THE PLATFORM, HOSTED SERVICES, SUBSCRIPTION SERVICES OR SUPPORT SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT THEY ARE SUITABLE FOR THE PARTICULAR NEEDS OF CUSTOMER, AUTHORIZED USERS OR ANY THIRD PARTY, AND (c) EPAM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE IN TRADE. CUSTOMER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS AGREEMENT, INCLUDING THE ADDENDA, AND THAT NO WARRANTIES ARE MADE BY ANY OTHER WARRANTY, EXPRESSED OF EPAM'S LICENSORS 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 SUPPLIERS WITH RESPECT TO THIRD PARTY PRODUCTS OR SERVICES. Customer acknowledges and agrees that, LOST BUSINESSin entering into this Agreement, 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 it has not relied upon the validity, enforceability or scope future availability of any REGENTS' PATENT RIGHTS; or (b) A warranty new or representation that anything made, usedenhanced feature or functionality, or SOLD under any license granted in this AGREEMENT is new or will be free from infringement of patents of third parties; or (c) An obligation enhanced product or service, including, without limitation, updates or upgrades 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 EPAM's existing product and services. EPAM's performance obligations hereunder are limited to those expressly enumerated 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 RIGHTSpayment for EPAM's performance obligations shall be due as described herein.

Warranties. 17.1 This license and ‌ Except as expressly stated herein, BF International makes no warranty or representation as to the associated INVENTION are provided WITHOUT merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through BF International . EXCEPT AS EXPRESSLY MADE BY BF INTERNATIONAL IN WRITING, BF INTERNATIONAL MAKES NO WARRANTY OF MERCHANTABILITY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WORKMANSHIP, NON-INFRINGEMENT OR ANY OTHER WARRANTYWARRANTY ARISING BY LAW, EXPRESSED STATUTE, USAGE OF TRADE OR IMPLIEDCOURSE OF DEALING CONCERNING ANY PRODUCT OR SERVICE PURCHASED FROM OR THROUGH BF INTERNATIONAL . REGENTS MAKES NO REPRESENTATION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES OF BF INTERNATIONAL ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” BF INTERNATIONAL DOES NOT WARRANT THAT ITS PRODUCTS OR WARRANTY SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE SYSTEMS OR THAT THE INVENTIONON-LINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. BF INTERNATIONAL DOES NOT WARRANT THAT ANY WEBSITE OPERATED, REGENTS’ PATENT RIGHTSSPONSORED OR HOSTED BY BF INTERNATIONAL OR ANY OF ITS AFFILIATES WILL BE UNINTERRUPTED OR FREE FROM ERROR. BF INTERNATIONAL IS NOT RESPONSIBLE FOR INTERRUPTED, LICENSED PRODUCTSINACCESSIBLE OR UNAVAILABLE NETWORKS, LICENSED SERVICES SERVER, SATELLITES AND/OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT SERVICE PROVIDERS; OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITSMISCOMMUNICATIONS, COSTS OF PROCURING SUBSTITUTE GOODS FAILED, JUMBLED, SCRAMBLED, DELAYED OR SERVICESMISDIRECTED COMPUTER, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, TELEPHONE OR CABLE TRANSMISSIONS; OR FOR ANY INDIRECTTECHNICAL MALFUNCTIONS, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, FAILURES 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 PARTIESDIFFICULTIES. 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 and 5.1. DataCore warrants that it will perform the associated INVENTION are provided WITHOUT Support Services in a professional manner, in accordance with generally accepted industry standards. If any Support Services do not comply with the warranty in this Section, DataCore will, at its discretion, either perform the Support Services again or refund the relevant Support Fees (or, if applicable, pro-rata portion thereof) paid for such Support Services. THIS SECTION STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND DATACORE’S AND ITS SUPPLIERS’ SOLE AND EXCLUSIVE LIABILITY, IN CONNECTION WITH THE SUPPORT SERVICES, INCLUDING FOR ANY BREACH OF WARRANTY IN THIS SECTION. 5.2. THE WARRANTY SET FORTH IN SECTION 5.1 AND THE SOFTWARE WARRANTY SET FORTH IN THE ▇▇▇▇ ARE EXCLUSIVE AND IN LIEU OF MERCHANTABILITY ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, AND DATACORE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDAND AGAINST HIDDEN DEFECTS TO THE FULLEST EXTENT PERMITTED BY LAW. REGENTS MAKES NO REPRESENTATION OR WARRANTY DATACORE DOES NOT WARRANT THAT THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SUPPORT SERVICES OR LICENSED METHOD SOFTWARE PROVIDED THEREUNDER WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE OF VARIATIONS FROM THE DOCUMENTATION. DATACORE IS NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE RESPONSIBLE FOR ANY LOST PROFITSINTERFERENCE WITH OR INABILITY TO USE THE SOFTWARE RESULTING FROM ADDITIONAL SOFTWARE OR SERVICES PROVIDED BY THE CLOUD INFRASTRUCTURE SUPPLIER, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESIF ANY, 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 THROUGH WHICH CUSTOMER ACCESSES 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 PARTIESSOFTWARE. 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) 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, AIRWORTHINESS OR PERFORMANCE OF THE PROPERTY OR QUALITY OR CAPACITY OF MATERIALS OR WORKMANSHIP IN THE PROPERTY; (ii) THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE; (iii) ITS MERCHANTABILITY OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE WHETHER OR NOT DISCLOSED TO LESSOR; AND (iv) 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. LESSEE FURTHER REPRESENTS AND WARRANTS TO LESSOR THAT IT IS NOT AWARE OF ANY MATERIAL MECHANICAL OR STRUCTURAL DEFECTS OR MATERIAL DAMAGE TO THE PROPERTY. If the Property is not properly installed, does not function as represented or warranted by original owner/vendor/licensor, or is unsatisfactory for any reason, Lessee shall make any claim on account thereof solely against original owner/vendor/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 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 hereby 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 WITHOUT WARRANTY (i) AT, FROM AND AFTER CLOSING, TO THE FULLEST EXTENT PERMITTED BY LAW, REOSTAR HEREBY WARRANTS TITLE TO THE PROPERTY AND WILL INDEMNIFY AND DEFEND CIMMARRON AND ITS AFFILIATES AND THEIR RESPECTIVE, SUCCESSORS, LEGAL REPRESENTATIVES AND ASSIGNS AGAINST THE LAWFUL CLAIMS OF TITLE OF ALL PERSONS CLAIMING TITLE OR ANY LEASEHOLD INTEREST TO THE PROPERTY BY, THROUGH AND UNDER REOSTAR. (ii) EXCEPT AS EXPRESSLY PROVIDED WITHIN THIS PARAGRAPH 3.2, REOSTAR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY AND THE PROPERTY IS ASSIGNED "AS IS", "WHERE IS" AND WITH ALL FAULTS OR ANY OTHER WARRANTYDEFECTS AS OF THE EFFECTIVE DATE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, 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 REOSTAR SHALL NOT BE LIABLE LIABLE, TO ANY EXTENT WHATSOEVER, FOR ANY LOST PROFITSTHE QUALITY, COSTS OF PROCURING SUBSTITUTE GOODS CONDITION, OPERATION 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 PERFORMANCE OF THE POSSIBILITY OF SUCH DAMAGESPROPERTY. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE(iii) ReoStar warrants and represents that ReoStar is the sole, SUBLICENSEEStotal and only owner of the Property and no other Person owns any total interest, 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 partial interest, leasehold interest or any interest whatsoever in this AGREEMENT is the Property, and there are no outstanding subscriptions, options, rights or will be construed as: (a) A warranty or representation by REGENTS as to the validity, enforceability or scope commitments of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under kind giving any license granted Person the right to acquire any interest 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 ReoStar's interest in the patents Property, including the right to any revenues or proceeds attributable to ReoStar's interest in the Property. ReoStar holds at least a thirty percent (30%) undivided interest in the TCGGS free and patent applications under REGENTS' PATENT RIGHTSclear of all Liens. ReoStar's interest in the TCGGS has been properly recorded in the appropriate county and other public records.

Warranties. 17.1 This license 14.11.1 The Seller warrants that the Technical Data (exclusive of COC) are prepared in accordance with the state of art at the date of their conception. Should any Technical Data prepared by the Seller contain any nonconformity or defect, the sole and exclusive liability of the associated INVENTION are provided WITHOUT Seller will be to take all reasonable and proper steps, at its option, to correct or replace such Technical Data. 14.11.2 THE 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 NONCONFORMITY OR DEFECT IN ANY TECHNICAL DATA DELIVERED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO: (A) ANY WARRANTY AGAINST HIDDEN DEFECTS (B) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FITNESS; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (D) ANY 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 (E) ANY 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. THE SELLER AND/OR ITS SUPPLIERS WILL 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. USA — Amended and Restated Airbus A320 Family Purchase Agreement PA — 85 of 123 EXECUTION PRIVILEGED AND CONFIDENTIAL FOR THE PURPOSES OF THIS CLAUSE 14.11.2, CONSEQUENTIAL“THE SELLER” WILL 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 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 OR ANY OTHER WARRANTYPURPOSE. AS TO LESSOR, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT LESSEE LEASES 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 EQUIPMENT AND TAKES THE ADDITIONAL TERMS AND CONDITIONS ON PAGES 2 THROUGH 4 ARE PART 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 TORTLESSEE ACKNOWLEDGES THAT LESSEE HAS READ THE AGREEMENT AND ITS SUPPLEMENT, CONTRACT, NEGLIGENCE, STRICT LIABILITYUNDERSTANDS THEM, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED 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 POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEEAGREEMENT BETWEEN THE PARTIES, SUBLICENSEESSUPERSEDING ALL PROPOSALS OR PRIOR AGREEMENTS, JOINT VENTURES ORAL OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIES. 17.3 Nothing in this SUBJECT MATTER THEREOF. [ ] INITIAL IF AGREEMENT is COVERAGE PAGE IS ATTACHED. ACCEPTED BY: IBM CREDIT CORPORATION ISIS 2000 LP --------------------------------------------- Customer For or will be construed as: as Lessor: By: By: /s/ JOHN ▇▇▇▇▇▇ --------------------------------------- ------------------------------------------ Authorized Signature Authorized Signature John ▇▇▇▇▇▇ 5/3/96 ------------------------------------------ ---------------------------------------------- Name (aType or Print) A warranty Date Name (Type or representation by REGENTS as to the validity, enforceability or scope of any REGENTS' PATENT RIGHTS; or (bPrint) 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.Date

Warranties. 17.1 This license and the associated INVENTION are provided (a) EXCEPT AS SET FORTH IN SECTION 4(b), CLIFFS MAKES NO, AND HEREBY DISCLAIMS AND EXCLUDES ANY, EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY MERCHANTABILITY, OF FITNESS, OR OF FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ALL CLIFFS PELLETS; PROVIDED, HOWEVER, THAT THE INVENTION, REGENTSNOTHING IN THIS SECTION 12(a) SHALL LIMIT CLIFFS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTOBLIGATION TO USE ITS BEST EFFORTS TO COMPLY WITH SECTION 4(a). 17.2 REGENTS WILL NOT (b) All notices of material variance of any Cliffs Pellets from the LSL and USL described on Exhibit ▇-▇, ▇▇▇▇▇▇▇ ▇-▇, Exhibit A-3.1, Exhibit A-3.2, Exhibit A-3.3, Exhibit A- 3.4, Exhibit A-3.5 or Exhibit A-3.6, as the case may be, over the average volumes specified in Section 4(c) shall be delivered to Cliffs prior to such Cliffs Pellets being charged in the Sault Ste. ▇▇▇▇▇ Plant’s blast furnace, or any claim arising from any such material variance shall be waived by Algoma. Each party shall afford the other party prompt and reasonable opportunity to inspect the Cliffs Pellets as to which any notice is given as above stated. The Cliffs Pellets shall not be returned to Cliffs without prior consent of Cliffs, which consent, in the case of direct rail shipments, shall not be unreasonably withheld. IN NO EVENT SHALL CLIFFS BE LIABLE FOR ANY DAMAGE TO ALGOMA’S PROPERTY OR LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS INJURY TO GOOD WILL OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL OR 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 UNLESS IT IS PROVED THAT CLIFFS 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 PARTIESENGAGED IN WILLFUL MISCONDUCT. 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 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 CUSTOMER HOSTED 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 CUSTOMER HOSTED SERVICE OR ANY CONTENT OF A THIRD PARTY MADE AVAILABLE THROUGH THE CUSTOMER HOSTED 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 CUSTOMER HOSTED 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 CUSTOMER HOSTED SERVICE OR ANY CONTENT OF A THIRD PARTY MADE AVAILABLE THROUGH THE CUSTOMER HOSTED 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 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 KNI, KNC, AND THEIR 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 law or otherwise, as to the merchantability, quantity, CONDITION, OR quality of the PRODUCT or ITS suitability or fitness for any particular purpose or 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 MERCHANTABILITY THE PRODUCT OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER 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 ▇▇▇▇ 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 C. The obligations of KNI and KNC under this AGREEMENT is Agreement are several and not joint. For clarity, KNI shall have no responsibility or will be construed as: (a) A warranty liability for any obligation of KNC under this Agreement and KNC shall have no responsibility or representation by REGENTS as liability for any obligation of KNI under this Agreement. Subject to the validityforegoing and unless otherwise notified by KNI, enforceability or scope KNC shall act as agent on the behalf of any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything made, used, or SOLD under any license granted in KNI for the supply of Product by KNI to Buyer and the other functions and services associated with 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 WITHOUT WE WARRANT THAT THE SERVICES WILL CONFORM TO THE SERVICE DESCRIPTIONS UNDER NORMAL USE AND CONDITIONS. POSH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) POSH’S SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) POSH’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 POSH’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 POSH 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. POSH 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 WARRANTIES MADE IN THIS AGREEMENT ARE THE ONLY WARRANTIES MADE BY NRXR WITH RESPECT TO THE PRODUCT. CLIENT AGREES THAT THE EXPRESS OBLIGATIONS AND WARRANTIES MADE BY NRXR IN THIS AGREEMENT ARE IN LIEU OF AND, TO THE FULLEST EXTENT PERMITTED BY LAW, TO THE EXCLUSION OF ANY OTHER WARRANTY, CONDITION, TERM, UNDERTAKING OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING TO ANYTHING SUPPLIED OR SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT INCLUDING (WITHOUT LIMITATION) AS TO THE CONDITION, QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR THE PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NRXR DOES NOT WARRANT THE FUNCTIONING OF ANYTHING SUPPLIED OR SERVICES PERFORMED HEREUNDER WITH SOFTWARE OR EQUIPMENT NOT PRODUCED BY NRXR, OR THAT THE OPERATION OF ANYTHING SUPPLIED OR SERVICES PERFORMED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. NRXR warrants to Client that it has the associated INVENTION are provided right to transfer title of the Equipment to Client. NRXR’s sole liability under this warranty with respect to the Equipment shall be to obtain any title or authorization necessary to transfer such title to Client. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES REGARDING THE EQUIPMENT, AND NRXR DOES NOT MAKE ANY OTHER WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT, INCLUDING WITHOUT WARRANTY LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTYPURPOSE. Client expressly acknowledges and agrees that warranties regarding patents, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE INVENTIONmaterials, REGENTS’ PATENT RIGHTSworkmanship, LICENSED PRODUCTSor use of the Equipment (the “Manufacturer’s Warranty”), LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITSif any, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESare made exclusively by the Manufacturer and not by NRXR and, 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 if made, used, or SOLD shall be encompassed within a separate agreement. Client’s exclusive remedy under any license granted in this AGREEMENT is or will Manufacturer’s Warranty shall 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 implicationtherein and shall lie exclusively against and be obtainable only from the Manufacturer, estoppel, and Client expressly agrees that it shall have no claim or otherwise any license or rights under any patents cause 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 action against NRXR in the patents and patent applications event the Manufacturer is for any reason unwilling or unable to perform under REGENTS' PATENT RIGHTSthe terms of Manufacturer’s Warranty.

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); oror for reference only (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. Lessee acknowledges and the associated INVENTION are provided WITHOUT WARRANTY agrees that each item of Equipment listed on any Schedule has been selected by Lessee for inclusion in this Agreement, based solely upon Lessee’s own judgment and without reliance upon any representations or warranties by Lessor. b. LESSEE ACKNOWLEDGES AND AGREES THAT (I) LESSOR IS NOT THE MANUFACTURER OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE EQUIPMENT; (II) LESSOR HAS NOT MADE ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT AS TO THE INVENTIONMERCHANTABILITY, REGENTS’ PATENT RIGHTSFITNESS OR SUITABILITY OF THE EQUIPMENT FOR THE PARTICULAR PURPOSES OR INTENDED USES OF LESSEE; (III) LESSOR MAKES NO REPRESENTATIONS AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, LICENSED PRODUCTSEXPRESS OR IMPLIED, LICENSED SERVICES WITH RESPECT TO THE EQUIPMENT; (IV) THE ONLY APPLICABLE WARRANTIES SHALL BE WARRANTIES, IF ANY, PROVIDED BY THE MANUFACTURER OF THE EQUIPMENT, WHICH WARRANTIES MAY OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL MAY NOT BE LIABLE TRANSFERABLE TO LESSEE; (V) CERTAIN PIECES OF THE EQUIPMENT MAY BE USED, AND ARE PROVIDED, WITHOUT WARRANTY; (VI) LESSOR’S SOLE RESPONSIBILITY WITH REGARD TO ANY CLAIM OF DEFECT OR BREACH OF MANUFACTURERS’ WARRANTY WILL BE TO LEND REASONABLE ASSISTANCE TO LESSEE IN THE PROSECUTION OF A CLAIM AGAINST THE MANUFACTURER; AND (VII) LESSOR SHALL HAVE NO LIABILITY TO LESSEE OR ANY USER OF THE EQUIPMENT FOR ANY LOST PROFITSCLAIM, COSTS OF PROCURING SUBSTITUTE GOODS LOSS OR SERVICESDAMAGE CAUSED OR ALLEGEDLY CAUSED DIRECTLY, LOST BUSINESSINDIRECTLY, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTINCIDENTALLY OR CONSEQUENTIALLY BY THE EQUIPMENT, BY ANY INADEQUACY THEREOF OR FOR DEFECT OR DEFICIENCY THEREIN OR BY ANY INDIRECTINCIDENT WHATSOEVER THEREWITH, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES WHETHER ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDNG IN 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 NEGLIGENCE, CONTRACT OR OTHERWISE, OR IN ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR WAY RELATED TO PATENT RIGHTS TO THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESARISING FROM THIS AGREEMENT. 17.3 Nothing in this AGREEMENT is ▇. ▇▇▇▇▇▇ hereby assigns to Lessee any warranties covenants and representations of the manufacturer or seller of the Equipment, to the extent assignable. Neither party will take any actions or fail to take any action the effect of which would be construed as: (a) A to invalidate any such warranty. Any amounts received by Lessee as payments under any warranty or representation by REGENTS as the result of the prosecution of any claim against any manufacturer shall be applied first to the validityrepair, enforceability restoration or scope replacement of the Equipment, with any REGENTS' PATENT RIGHTS; or (b) A warranty or representation that anything madebalance, usedless out-of-pocket expenses of Lessee, 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 being paid 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 RIGHTSLessor.

Warranties. 17.1 This license (a) CNS warrants that all Bulk Products shipped to HERUSU under this Agreement have been manufactured in accordance with applicable laws and regulations and are free from defects in materials and workmanship and conform to the Specifications and quality control tests pertinent to such Bulk Products. CNS further warrants that all documentation (including records maintenance) relating to manufacturing and testing of the Bulk Products was made in accordance with relevant laws, regulations and the associated INVENTION are provided WITHOUT Specifications. THE FOREGOING ARE ALL OF CNS'S WARRANTIES. CNS DOES NOT WARRANT THAT THE BULK PRODUCTS OR THE PRODUCTS ARE MERCHANTABLE: NOR DOES CNS WARRANT THAT THE BULK PRODUCTS OR THE PRODUCTS ARE FIT FOR ANY PARTICULAR PURPOSE. (b) CNS'S LIABILITY WITH RESPECT TO ITS WARRANTIES FOR THE BULK PRODUCTS AND THE PRODUCTS IS LIMITED IN THE AGGREGATE TO THE PAYMENTS OF SALES PRICES CNS HAS RECEIVED UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT (OR FIRST EVENT, IF MORE THAN ONE EVENT IS ALLEGED) GIVING RISE TO THE WARRANTY OF MERCHANTABILITY OR FITNESS CLAIM. THE LIMITATION EXPRESSED IN THIS PARAGRAPH DOES NOT APPLY TO INDEMNIFICATION BY CNS UNDER SECTION 11. (c) EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, CNS SHALL NOT BE RESPONSIBLE FOR A PARTICULAR PURPOSE ANY LOSS, DAMAGE, EXPENSES, CLAIMS, COSTS OR ANY OTHER WARRANTY, EXPRESSED ACTION WHATSOEVER ARISING FROM THE SUPPLY OR IMPLIEDSALE OF THE PRODUCTS BY HERUSU. REGENTS MAKES HERUSU SHALL NOT MAKE ANY REPRESENTATION TO THIS EFFECT WHATSOEVER ON CNS'S BEHALF. 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 CNS BE LIABLE FOR ANY LOST PROFITSINCIDENTAL, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTSPECIAL, OR FOR ANY INDIRECTCONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCIDENTAL, CONSEQUENTIAL, PUNITIVETHE BULK PRODUCTS, 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 PARTIESPRODUCTS. 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 ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇, the 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, ▇▇▇▇ 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 THE 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 (2) IN A HEALTHCARE APPLICATION, WHERE THE GOODS HAVE POTENTIAL FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, DIRECT PATIENT CONTACT OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR WHERE A SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT 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 PARTIESTIMES. 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 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 The <DATA CONTROLLER> represents and warrants that: The <DATA CONTROLLER> has the right to grant the <INTERMEDIARY> the rights to the Licensed Data granted in this Agreement, and that the use and public disclosure of the Licensed Data by the <INTERMEDIARY> in accordance with the license will not infringe or violate the rights of any third party. The Licensed Data is not subject to, and the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY <DATA CONTROLLER> will not provide the <INTERMEDIARY>, any information or data this is subject to, any contractual or other restrictions on use or disclosure. The <DATA CONTROLLER> shall not provide the <INTERMEDIARY> any Personal Information. To the extent that a third-party owns rights and/or title to all or any portion of the Licensed Data, the <DATA CONTROLLER> represents and warrants that it has obtained sufficient rights to grant the license set forth herein. The <DATA CONTROLLER> has not granted and is not obligated to grant any right or license to any third party that conflicts or would conflict with the license grant under this Agreement, or assigned or exclusively licensed, and is not obligated to assign or exclusively license, use of the Licensed Data to any third party that would conflict with the license grant under this Agreement. The <DATA CONTROLLER> shall not grant, assign or exclusively license any other party any rights to the Licensed Data that would conflict with this Agreement. Any grant, assign or license of the Licensed Data done by the <DATA CONTROLLER> shall be subject to the <INTERMEDIARY>’s consent which shall not be unreasonably withheld. OTHER THAN EXPLICITLY STATED IN THE FOREGOING PARAGRAPH, EACH PARTY SEPARATELY AND THE PARTIES COLLECTIVELY MAKE NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT OR THE LICENSED DATA, AND EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES INCLUDING WITH RESPECT TO TITLE, MERCHANTABILITY, VALUE, RELIABILITY OR FITNESS FOR A PARTICULAR PURPOSE 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 RIGHTPURPOSE. 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 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 ▇▇▇▇▇ 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 ▇▇▇▇▇ 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 ▇▇▇▇▇ 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 ▇▇▇▇▇, AND ACCORDINGLY, APP ▇▇▇▇▇ 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 ▇▇▇▇▇’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 ▇▇▇▇▇, 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 and the associated INVENTION are provided A. GOVERNANCE: SELLER WARRANTS THAT THE PROPERTY SHALL COMP LY WITH THE WARRANTIES AND BUILDING AND PERFORMANCE STANDARDS CONTAINED IN THE ACES BUILDER'S L I M I T E D WA R R A N T Y A N D P E R F O R M A N C E S TA N D A R D S , INCORPORATED HEREIN AND MADE A PART HEREOF, BY REFERENCE("BUILDER LIMITED WARRANTY") TO BE DELIVERED TO BUYER FOLLOWING CLOSING. EXCEPT FOR THE WARRANTIES CONTAINED IN THE BUILDER LIMITED WARRANTY, SELLER MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, AND SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT WARRANTY LIMITATION THE WARRANTIES OF GOOD AND WORKMANLIKE CONSTRUCTION, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WHETHER EXPRESS OR ANY OTHER IMPLIED SELLER AGREES TO PERFORM THE OBLIGATIONS OF THE BUILDER UNDER THE BUILDER LIMITED WARRANTY. HOWEVER, EXPRESSED OR IMPLIED. REGENTS ▇▇▇▇▇▇ MAKES NO REPRESENTATION WARRANTIES OR REPRESENTATIONS CONCERNING THE SOLVENCY, ABILITY, OR INABILITY OF THE THIRD-PARTY WARRANTY THAT COMPANY OR ADMINISTRATOR OF THE INVENTION, REGENTS’ PATENT RIGHTS, LICENSED PRODUCTS, LICENSED SERVICES OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTBUILDER LIMITED WARRANTY TO PERFORM THEREUNDER AND BUYER AGREES TO HOLD SELLER HARMLESS THEREFROM. 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, B. BUILDING AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED PERFORMANCE STANDARDS: THE IMPROVEMENTS MADE A PART OF THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT PROPERTY SHALL BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES OR AFFILIATES ARISING OUT OF OR RELATED TO PATENT RIGHTS TO CONSTRUCTED IN ACCORDANCE WITH THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESBUILDING AND PERFORMANCE STANDARDS CONTAINED IN THE BUILDER LIMITED WARRANTY ("WARRANTY STANDARDS"). 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. Sysco warrants that all Products other than Products which Master Organization has entered into arrangements with the supplier of such Products concerning the purchase of such Products by Master Organization and its members/franchisees ("Customer Directed Products"), as of the associated INVENTION are time of delivery to Customer, (i) will meet the specifications for such Product contained within Sysco's order guide and other written specifications for such Product provided by Sysco, (ii) subject to the statutory trust imposed by the Perishable Agricultural Commodities Act, will be free and clear of any adverse lien or security interest, and (iii) to the extent the Product is subject to the Federal Food, Drug and Cosmetic Act, as amended from time to time (the "FDC Act"), will not be adulterated or misbranded within the meaning of the FDC Act. Sysco warrants that, subject to the statutory trust imposed by the Perishable Agricultural Commodities Act, all Customer Directed Products will be free and clear of any adverse lien or security interest. NO PERSON IS AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION IN ADDITION TO OR IN CONFLICT WITH THE WARRANTIES SET FORTH IN THIS SECTION 6. b. Except as expressly provided herein, SYSCO MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT WARRANTY LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED WARRANTIES THAT ARISE FROM TRADE USAGE 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 RIGHTCUSTOM. 17.2 REGENTS WILL NOT BE LIABLE c. In no event shall either Sysco or Customer be liable FOR ANY LOST PROFITSSPECIAL, COSTS INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PROCURING SUBSTITUTE GOODS OR SERVICESANY SORT (INCLUDING WITHOUT LIMITATION, LOST BUSINESSPROFITS AND LOST ENTERPRISE VALUE) INCURRED BY THE OTHER PARTY WHETHER IN AN ACTION IN CONTRACT, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTTORT OR OTHERWISE, 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 TORTOR THE PERFORMANCE OR BREACH THEREOF, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF REGENTS HAS BEEN IT IS ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. REGENTS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEESexcept for losses arising from third party claims that are subject to the indemnification obligations described in the MDA or losses suffered by a party as a result of the breach by the other party and/or its affiliates, 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 employees, officers, or directors, of the confidentiality provisions set forth 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 RIGHTSParticipation Agreement.

Warranties. 17.1 This license and the associated INVENTION are provided 11.1 COMPAQ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT WARRANTY OF LIMITATION, ANY WARRANTIES AS TO THE SUITABILITY OR MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE OF ANY PRODUCTS OR PROGRAMS FURNISHED HEREUNDER OR FOR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDTCS PRODUCTS PREPARED BY TCS. 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 COMPAQ BE LIABLE FOR ANY LOST OR ANTICIPATED PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICESANY INCIDENTAL, LOST BUSINESSEXEMPLARY, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTSPECIAL, OR FOR ANY INDIRECTCONSEQUENTIAL DAMAGES, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT REGARDLESS 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 WHETHER COMPAQ WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11.2 TCS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO THE SUITABILITY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROGRAMS FURNISHED HEREUNDER OR FOR ANY COMPAQ PRODUCTS PREPARED BY COMPAQ. REGENTS WILL NOT IN NO EVENT SHALL TCS BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEELOST OR ANTICIPATED PROFITS, SUBLICENSEESOR ANY INCIDENTAL, JOINT VENTURES EXEMPLARY, SPECIAL, OR AFFILIATES ARISING OUT CONSEQUENTIAL DAMAGES, REGARDLESS OF OR RELATED TO PATENT RIGHTS TO WHETHER TCS WAS ADVISED OF THE EXTENT ASSIGNED OR LICENSED BY REGENTS’ INVENTORS TO THIRD PARTIESPOSSIBILITY OF SUCH DAMAGES. 17.3 Nothing in 11.3 No action arising or resulting from 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 hereinAgreement, regardless of whether such patents are dominant its form, may be brought by either party more than three years after delivery of the affected products 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 RIGHTSprograms.

Warranties. 17.1 This license A. As its exclusive warranties, ▇▇▇▇ 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 ▇▇▇▇ 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". ▇. ▇▇▇▇'▇ liability, and Buyer's exclusive remedy, for any cause of action arising out of or related to the breach of ▇▇▇▇'▇ 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 ▇▇▇▇ ▇▇▇▇'▇ 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 ▇▇▇▇ 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 The Company acknowledges that it has selected the Equipment based upon its own judgment and without reliance on any statement or representation by the associated INVENTION are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIEDCity. REGENTS THE CITY MAKES NO REPRESENTATION OR WARRANTY THAT WITH RESPECT TO THE INVENTIONEQUIPMENT, REGENTS’ PATENT RIGHTSEXPRESS OR IMPLIED, LICENSED PRODUCTSAND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF THE CITY, LICENSED SERVICES EXPRESS OR LICENSED METHOD WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. 17.2 REGENTS WILL NOT BE LIABLE IMPLIED, AS TO (A) THE FITNESS FOR ANY LOST PROFITSPARTICULAR PURPOSE AND MERCHANTABILITY OF ANY ITEM OF EQUIPMENT, COSTS OF PROCURING SUBSTITUTE GOODS (B) THE DESIGN OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENTCONDITION OF, OR THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN, THE EQUIPMENT, (C) ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL CONSEQUENTIAL 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 LIABILITYUSE THE EQUIPMENT, AND BREACH (D) ANY OTHER MATTER WHATSOEVER, IT BEING AGREED THAT ALL SUCH RISKS, AS BETWEEN THE CITY AND THE COMPANY, ARE TO BE BORNE BY THE COMPANY. THE COMPANY ACKNOWLEDGES THAT THE CITY DID NOT MANUFACTURE THE ITEMS AND THAT THE COMPANY ACCEPTS THE ITEMS BASED UPON ITS OWN INDEPENDENT JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE ON STATEMENTS MADE BY THE CITY OR ITS AGENTS. CITY HEREBY ACKNOWLEDGES THAT ANY MANUFACTURER’S, INSTALLER’S, DESIGNER’S, ENGINEER’S, CONTRACTOR’S AND/OR SELLER’S WARRANTIES ARE FOR THE BENEFIT OF WARRANTY) EVEN IF REGENTS HAS BEEN ADVISED OF BOTH CITY AND COMPANY, NOTWITHSTANDING THE POSSIBILITY OF SUCH DAMAGESFOREGOING, AND PROVIDED COMPANY IS NOT IN DEFAULT UNDER THIS BOND LEASE, CITY SHALL MAKE AVAILABLE TO COMPANY ALL WARRANTIES, GUARANTIES, AND INDEMNITEES WITH RESPECT TO EQUIPMENT. 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 The City hereby assigns to the validityCompany all warranties, enforceability guaranties and indemnities, express or scope implied, and similar rights which the City may have against any designer, manufacturer, installer, seller, engineer, contractor or builder in respect of any REGENTS' PATENT RIGHTSof the Equipment, including, but not limited to, any rights and remedies existing under contract or pursuant to the uniform Commercial Code and hereby appoints and constitutes the Company as its agent during the term of this Bond Lease to assert and enforce, from time to time, in the name and for the account of the Company and the City, as their interests may appear, but in all cases at the sole cost and expense of the Company, whatever claims and rights the City may have as owner of the Equipment against the designer, manufacturer, installer, seller, engineer, contractor or builder or any other person in connection with the development, acquisition, construction, installation or any other aspect of the Equipment or the Project; or (b) A warranty provided, however, that if at any time an Event of Default shall have occurred and be continuing, the City may assert and enforce such claims and rights at the Company’s sole cost and expense. Company’s delivery to the City of an acceptance certificate signed by the Company or representation delivery by the City or the manufacturer to the City of an inspection or acceptance certificate the Company’s representative gave to the manufacturer shall be conclusive evidence as between the Company and the City only that anything madeall Items of Equipment described therein are in all the foregoing respects satisfactory to the Company; provided, usedhowever, or SOLD under that neither the manufacturer nor 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 party other than REGENTS' PATENT RIGHTS the City , its successors and assigns may rely on the foregoing. So long as defined hereinno Event of Default has occurred and is continuing, regardless of whether such patents the City agrees, to the extent they are dominant or subordinate assignable, to REGENTS’ PATENT RIGHTS; or (e) An obligation assign to furnish the Company, without any know-how not provided in recourse to the patents and patent applications under REGENTS' PATENT RIGHTSCity, any warranty received by the City.

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; 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 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. 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 substitution or the replacement cost 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 PARTIESwhichever is less and at the sole discretion of Lettermin. The terms of this Agreement are contractual in nature. 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.