Common use of Warranty and Disclaimer Clause in Contracts

Warranty and Disclaimer. Service Provider shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider or by third-party providers, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, OR OTHER MATERIALS.

Warranty and Disclaimer. Service Provider To the maximum extent permitted by applicable law, the following provisions apply: Jeppesen warrants that the Media, if any, on which the Data is recorded and delivered are free from defects in materials and workmanship under normal use and operation. This limited warranty is effective for a period of sixty (60) days following your receipt of such Media. The limited warranty provided herein is made to You if You (a) have fully paid the required license fee for use of the Data, (b) have fully complied with the terms of this Agreement, and (c) are the original licensed end- user. No warranty is made to any other person or entity. During the warranty period set forth above, Jeppesen will replace any Media which proves defective in materials or workmanship, without charge, on an exchange basis. This is Jeppesen’s entire liability and your sole and exclusive remedy. This remedy shall use reasonable efforts consistent with prevailing industry standards to maintain not apply if the Services in a manner Media on which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance Data is stored has been damaged by negligence, accident, improper or for unscheduled emergency maintenanceunreasonable use, either by Service Provider or by third-party providersany other cause unrelated to defective material or workmanship. WITHOUT PREJUDICE TO ANY OTHER LIMITATION OF LIABILITY SPECIFIED HEREINAFTER, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT JEPPESEN SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESDATA OR OTHER THINGS PROVIDED HEREUNDER FOR ANY BUSINESS ACTIVITY OF ANY NATURE WHATSOEVER. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE IS PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED YOU ACKNOWLEDGE THAT THE DATA IS OF A GENERAL NATURE, AND THAT IT MAY NOT BE DESIGNED FOR, ADEQUATE TO, OR CONFORM TO YOUR SPECIFIC NEEDS AND/OR PURPOSES, NOR THAT IT CONFORMS WITH SPECIFIC SAFETY REQUIREMENTS OR GOVERNMENTAL STANDARDS OR REGULATIONS IN THIS SECTION 6 (YOUR COUNTRY. JEPPESEN MAKES NO EXPRESS OR IMPLIED WARRANTY) , AND DISCLAIMS ANY LIABILITY FOR THE DATA, THE ACCURACY OF THE DATA SOURCE MATERIAL, AND ANY NONCONFORMANCE OR ELSEWHERE DEFECT IN THE AGREEMENTDESIGN, SERVICE PROVIDER DISCLAIMS ALL WARRANTIESADEQUACY, EXPRESS ACCURACY, RELIABILITY, SAFETY OR IMPLIEDCONFORMANCE WITH ANY GOVERNMENT STANDARDS OR REGULATIONS OF SUCH DATA, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE LIMITED WARRANTIES AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE OTHER OBLIGATIONS AND LIABILITIES OF JEPPESEN, AND YOUR REMEDIES SET FORTH IN THIS AGREEMENT, ARE RISKS INHERENT EXCLUSIVE AND IN INTERNET CONNECTIVITY THAT COULD RESULT IN SUBSTITUTION FOR ANY OTHER RIGHTS, CLAIMS AND REMEDIES YOU WOULD OTHERWISE HAVE AGAINST JEPPESEN WITH RESPECT TO THE LOSS OF CUSTOMER’S PRIVACY, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATIONTHE MATERIALS AND THE SERVICES PROVIDED HEREUNDER. Notwithstanding the exclusion of warranty for the Data, OR OTHER MATERIALSshould You encounter any problems with the Data or find a suspected error, You should report such problem or suspected error to Jeppesen as soon as reasonably possible.

Warranty and Disclaimer. Service Provider InVue shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the InVue Services in a manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Services in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider InVue or by third-party providers, or because of other causes beyond Service ProviderInVue’s reasonable control, but Service Provider InVue shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER INVUE DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES IT INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6SECTION, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER INVUE SERVICES ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER INVUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTINFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACYTo the extent any InVue Equipment is purchased by Customer, TECHNOLOGYthe InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, OR OTHER MATERIALSwhich may be updated by InVue from time to time.

Warranty and Disclaimer. Service Provider We shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike mannerServices. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider Us or by third-party providers, or because of other causes beyond Service Provider’s Our reasonable control, but Service Provider We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6SECTION, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER SERVICES ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE THE SERVICES ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACYNOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, TECHNOLOGYWHETHER WRITTEN, SOFTWARE, DATA, CONFIDENTIAL INFORMATIONORAL, OR OTHER MATERIALSVIDEO DOES NOT CREATE A WARRANTY OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMS. WE ASSUME NO RESPONSIBILITY FOR ANY OUTCOME AS A RESULT OF YOUR ACTION OR INACTION BASED ON THE SERVICES, YOUR INTERACTION WITH US, OUR TRAINING OR ANY MATERIAL PROVIDED BY US. ALTHOUGH WE MAKE EVERY EFFORT TO KEEP OUR SERVICES UP TO DATE AND ACCURATE, WE CANNOT GUARANTEE, AND ARE NOT RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED ON THE SERVICES.

Warranty and Disclaimer. Service Provider shall use reasonable efforts consistent Company warrants that the services will be performed in all material respects in accordance with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions services policies referenced in the Services and shall perform the Services in a professional and workmanlike mannerapplicable SOW or Order Form. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider or by third-party providers, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER COMPANY DOES NOT WARRANT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED ERROR-FREE OR ERROR FREE; NOR UNINTERUPTED, OR THAT COMPANY WILL CORRECT ALL SERVICES ERRORS. CUSTOMER ACKNOWLEDGES THAT COMPANY DOES IT MAKE ANY WARRANTY AS TO NOT CONTROL THE RESULTS TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE OBTAINED FROM SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THE SERVICES. EXCEPT AS EXPRESSLY WARRANTIES SET FORTH IN THIS SECTION 6ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, SOFTWARE, SUPPORT SERVICESITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, CONFIDENTIAL INFORMATION, AND ALL OTHER TECHNOLOGY, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SOFTWARE, SERVICESITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SOFTWARE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED “AS IS”OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OR ON ANY WEBSITE LINKED TO IT. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED TO ANY WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES. TO THE EXTENT THEY ARE HELD TO BE INVALID, THE APPLICABLE DISCALIMER SHALL NOT APPLY AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT ALL OTHER TERMS AND SHALL REMAIN IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, OR OTHER MATERIALS.FORCE

Warranty and Disclaimer. Service Provider shall use reasonable efforts consistent with prevailing industry standards Each Party represents and warrants to maintain the Services in a manner which minimizes errors other that it has the authority to enter into the Subscription Agreements according to their terms, and interruptions in that their execution and delivery of the Services Subscription Agreements and shall perform the Services in a professional and workmanlike mannertheir performance thereunder will not violate any agreement applicable to it or violate any laws, rules or regulations applicable to it. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenanceTHE DATA,DATABASE AND SUBCRIPTION SERVICES ARE PROVIDED AS-IS AND, either by Service Provider or by third-party providersWHILE A2MAC1 USES COMMERCIALLY REASONABLE PRECAUTIONS TO ENSURE THE QUALITY OF THE DATA AND THE DATABASE, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER A2MAC1 DOES NOT WARRANT THAT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED ACCURACY AND/OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE COMPLETENESS OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6DATA, THE SERVICESDATABASE, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATIONOR ANY OTHER DATA RELATED THERETO, AND ALL OTHER TECHNOLOGYA2MAC1 SHALL HAVE NO LIABILITY FOR ANY ERRORS, SOFTWAREOMISSIONS, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KINDOR INTERRUPTIONS THEREIN. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (A2MAC1 MAKES NO REPRESENTATION OR WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGAS TO ANY INFORMATION OBTAINED BY THE CLIENT OR ANY OTHER PERSON OR ENTITY FROM THE ACCESS TO THE DATA, BUT NOT LIMITED TOTHE DATABASE, THE SUBSCRIPTION SERVICES OR ANY OTHER DATA RELATED THERETO. A2MAC1 MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE DATA, THE DATABASE, THE SUBSCRIPTION SERVICES AND NON-INFRINGEMENTANY OTHER DATA RELATED THERETO. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT WITHOUT LIMITING ANY OF THE FOREGOING, IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE NO EVENT SHALL A2MAC1 HAVE ANY LIABILITY FOR ANY LOSS OF CUSTOMER’S PRIVACYPROFITS OR INDIRECT, TECHNOLOGYPUNITIVE, SOFTWARESPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), DATAEVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. A2MAC1 MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY, CONFIDENTIAL INFORMATIONCOMPLETENESS, FUNCTIONALITY, SAFETY, PERFORMANCE, OR ANY OTHER MATERIALSASPECT OF ANY DESIGN, PROTOTYPE OF FINAL PRODUCT DEVELOPED BY THE CLIENT USING THE DATABASE, THE SUBSCRIPTION SERVICES OR DATA. THE CLIENT AKNOWLEDGES THAT OBJECTS, NAMES, TRADEMARKS, SERVICE MARKS, DESIGNS, MODELS OR WORK OF AUTHORSHIP DEPICTED IN ANY DATA MAY BE PROTECTED BY INTELLECTUAL PROPERTY RIGHTS BELONGING TO THIRD PARTIES. THE CLIENT AKNOWLEDGES THAT A2MAC1 AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY USE BY THE CLIENT OR A THIRD PARTY OF THE OBJECTS, NAMES, TRADEMARKS, SERVICE MARKS, DESIGNS, MODELS OR WORK OF AUTHORSHIP DEPICTED IN ANY DATA. In no event shall the cumulative liability of A2MAC1 and its affiliates to the Client under or relating to the Subscription Agreements at any time exceed the amount of Fees paid or payable to A2MAC1 pursuant to the Subscription Agreements.

Warranty and Disclaimer. Service Provider shall use reasonable efforts consistent CITRIX warrants that for a period of ninety (90) days from the date of delivery of the SOFTWARE to you, the SOFTWARE will perform substantially in accordance with prevailing industry standards the PRODUCT documentation published by CITRIX and included with the PRODUCT. CITRIX and its suppliers’ entire liability and your exclusive remedy under this warranty (which is subject to maintain you returning the Services in a manner which minimizes errors SOFTWARE to CITRIX or an authorized reseller) will be, at the sole option of CITRIX and interruptions in subject to applicable law, to replace the Services media and/or SOFTWARE or to refund the purchase price and shall perform terminate this AGREEMENT. This limited warranty does not cover any modification of the Services SOFTWARE by you or related issues. CITRIX will provide the Saas control plane, technical support and consulting services requested by you in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider or by third-party providers, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts as to provide advance notice technical support and consulting services, CITRIX cannot guarantee that every question or problem raised by you will be resolved or resolved in writing a certain amount of t ime. Citrix does not warrant in any form the results or by e-mail achievements of any scheduled service disruptionthe technical support or consulting services or related deliverables. Customer’s sole With respect to all services, CITRIX and its suppliers’ entire liability and your e xc lusive remedy for breach of under this warranty is set forth as “credits” in restoration of or re-performance of the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS services. TO THE RESULTS THAT MAY BE OBTAINED FROM USE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE ABOVE LIMITED WARRANTY, CITRIX AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE; AND CITRIX AND ITS SUPPLIERS SPECIFICALLY DISCLAIM WITH RESPECT TO SOFTWARE AND MAINTENANCE ANY CONDITIONS OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6QUALITY, THE SERVICESA VAILA BILITY, SOFTWARERELIABILITY, SUPPORT SERVICESSECURITY, CONFIDENTIAL INFORMATIONLACK OF VIRUSES, BUGS, OR ERRORS, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND TITLE, QUIET ENJOYM ENT, QUIET POSSESSION, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACYSOFTWARE IS NOT DESIGNED, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATIONMANUFACTURED, OR OTHER MATERIALSINTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE AND HARDWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE AND HARDWARE.

Warranty and Disclaimer. Service Provider shall Software Publishing Corporation warrants that, for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt, the diskettes on which the program is furnished under normal use reasonable will be free from defects in materials and workmanship and the program under normal use will perform without significant errors that make it unusable. Software Publishing Corporation's entire liability and your exclusive remedy under this warranty (which is subject to your returning the program to Software Publishing Corporation or an authorized dealer with a copy of your receipt) will be, at Software Publishing Corporation's option, to attempt to correct or help you around errors with efforts consistent which Software Publishing Corporation believes suitable to the problem, to replace the program or diskettes with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance functionally equivalent software or for unscheduled emergency maintenancediskettes, either by Service Provider or by third-party providersas applicable, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of refund the purchase price and terminate this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESAgreement. EXCEPT AS EXPRESSLY SET FORTH FOR THE ABOVE EXPRESS LIMITED WARRANTIES, SOFTWARE PUBLISHING CORPORATION MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR IN THIS SECTION 6, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATIONANY COMMUNICATION WITH YOU, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) NONINFRINGEMENT, MERCHANTABILITY OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT Software Publishing Corporation does not warrant that the operation of the program will be uninterrupted or error free. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. LIMITATION OF LIABILITY IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE NO EVENT WILL SOFTWARE PUBLISHING CORPORATION BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF CUSTOMER’S PRIVACY, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATIONLOST PROFITS, COST OF COVER OR OTHER MATERIALSSPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE PROGRAM OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF SOFTWARE PUBLISHING CORPORATION OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. GOVERNMENT RESTRICTED RIGHTS LEGEND Use, duplication or disclosure by the United States Government is subject to restrictions of Restricted Rights for computer software developed at private expense as set forth in FAR ss. 52.227-19 or DOD FAR Supplement ss. 252.227-7013(c)(1)(ii), and successors thereof, as applicable. Software Publishing Corporation, 3165 Kifer Road, P.O. Xxx 00000, Santa Clara, CA 95056-0983.

Warranty and Disclaimer. Service Provider Slingshot shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider or by third-party providers, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS OTHERWISE UNAMBIGUOUSLY AND EXPRESSLY SET FORTH IN THIS SECTION 6, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER SLINGSHOT DISCLAIMS ALL WARRANTIES, WARRANTIES EXPRESS OR IMPLIED, OF ANY KIND INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONNONINFRINGEMENT IN RELATION TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, AS TO ANY OF THE SERVICES, THE DASHBOARD, OR THE SLINGSHOT IP. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT THE SERVICES ARE PROVIDED “AS IS”. SLINGSHOT DOES NOT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-INFRINGEMENT. CUSTOMER ACKNOWLEDGES FREE OR UNINTERRUPTED, OR THAT THERE ARE RISKS INHERENT WE WILL CORRECT ALL SERVICE ERRORS, (B) ANY SOFTWARE THAT MAY BE USED AS PART OF THE SERVICE WILL OPERATE IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACYCOMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, TECHNOLOGYOR WITH ANY OTHER HARDWARE, SOFTWARE, DATASYSTEMS OR DATA NOT PROVIDED BY US, CONFIDENTIAL INFORMATIONAND (C) THE SERVICE WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. COMPANY ACKNOWLEDGES THAT SLINGSHOT DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. SLINGSHOT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER MATERIALSDAMAGE RESULTING FROM SUCH PROBLEMS. SLINGSHOT IS NOT RESPONSIBLE FOR ANY ERRORS OR ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT, YOUR APPLICATIONS, THIRD- PARTY APPLICATIONS, OR THIRD-PARTY CONTENT. FOR ANY BREACH OF WARRANTY, COMPANY’S EXCLUSIVE REMEDY AND SLINGSHOT’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY. IF SLINGSHOT CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, COMPANY OR SLINGSHOT MAY TERMINATE THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION.

Warranty and Disclaimer. Service Provider shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider or by third-party providers, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS NOTWITHSTANDING ANYTHING TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CONTRARY AND TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATAMACAW PROVIDES THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED SOFTWARE “AS AS-IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS, EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED THE WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS. CUSTOMER ACKNOWLEDGES DATAMACAW DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SOFTWARE. DATAMACAW MAKES NO WARRANTY THAT THERE ARE RISKS INHERENT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ALL DEFECTS IN INTERNET CONNECTIVITY THAT COULD RESULT THE SOFTWARE CAN OR WILL BE CORRECTED. YOU MUST DETERMINE WHETHER THE SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY, PERFORMANCE, AND UNINTERRUPTIBILITY. YOU USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR, AND DATAMACAW DISCLAIMS, ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR DATA, SERVICES, BUSINESS, REVENUES, OR PROFITS RESULTING FROM YOUR USE OF THE SOFTWARE. IN PARTICULAR, DATAMACAW WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF CUSTOMER’S PRIVACYDATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. You are advised to use redundant and backup storage systems and to have a viable plan in place with said systems ("Disaster Recovery Plan") for the potential loss, TECHNOLOGYcorruption, SOFTWAREoverwrite, DATAmisplacement and/or any other possible variance of a data loss scenario including but not limited to computing resources errors or failures, CONFIDENTIAL INFORMATIONSoftware errors or failures, OR OTHER MATERIALSyou, your employee or designated operator errors or failures, and/or any other network or environmental factors on or around the Software. Further, due to the continual development of new techniques for intruding upon and attacking networks, DataMacaw does not warrant that the Software or any computing resources on which the Software is Used will be free of vulnerability to intrusion, virus attack or hacker attacks. The Software is not designed or intended for Use in activities requiring fail-safe performance, including, but not limited to, medical, nuclear, aviation, navigation, military, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High-Risk Activities") and you may not Use the Software for any such purposes. DataMacaw and its licensors expressly (a) disclaim any express or implied warranty of fitness and (b) disclaim and are released from any responsibility or liability for any and all damages that may be incurred due to the Use of the Software in such High-Risk Activities.

Warranty and Disclaimer. Service Provider shall use reasonable efforts consistent MITAMIRRI warrants that for a period of ninety (60) days from the date of delivery of the SOFTWARE to you, the SOFTWARE will perform substantially in accordance with prevailing industry standards the PRODUCT documentation published by MITAMIRRI and included with the PRODUCT. MITAMIRRI and its suppliers’ entire liability and your exclusive remedy under this warranty (which is subject to maintain you returning the Services in a manner which minimizes errors SOFTWARE to MITAMIRRI or an authorized reseller) will be, at the sole option of MITAMIRRI and interruptions in subject to applicable law, to replace the Services media and/or SOFTWARE or to refund the purchase price and shall perform terminate this AGREEMENT. This limited warranty does not cover any modification of the Services SOFTWARE by you or related issues. MITAMIRRI will provide the technical support and consulting services requested by you in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider or by third-party providers, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts MITAMIRRI cannot guarantee that every question or problem raised by you will be resolved or resolved in a certain amount of time. MITAMIRRI does not warrant in any form the results or achievements of the services or related deliverables. With respect to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole technical support and consulting services, MITAMIRRI and its suppliers’ entire liability and your exclusive remedy for breach of under this warranty is set forth as “credits” in re-performance of the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS services. TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, THE SERVICES, ABOVE LIMITED WARRANTY FOR SOFTWARE, SUPPORT SERVICESMITAMIRRI AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, CONFIDENTIAL INFORMATIONEXPRESS, IMPLIED, STATUTORY, OR OTHERWISE; AND MITAMIRRI AND ITS SUPPLIERS SPECIFICALLY DISCLAIM WITH RESPECT TO SOFTWARE AND MAINTENANCE ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS, OR ERRORS, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND TITLE, QUIET ENJOYMENT, QUIET POSSESSION, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACYSOFTWARE IS NOT DESIGNED, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATIONMANUFACTURED, OR OTHER MATERIALSINTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE AND HARDWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE AND HARDWARE.

Warranty and Disclaimer. Service Provider shall use reasonable efforts Company represents, covenants and warrants that: (i) in connection with the performance of the Services, Company will employ a standard of care, skill and diligence consistent with the prevailing professional standards in the industry standards to maintain the Services and in a manner which minimizes errors and interruptions in the Services and shall perform Services; (ii) the Services will achieve in a professional all material respects the performance requirements and workmanlike mannerfunctionality described in Exhibit A; (iii) Company will use commercially reasonable efforts to ensure that its Services do not introduce any computer viruses, malware or similar items into Customer’s computer and network environment; (iv) the Services shall not infringe upon any copyright, patent, trade secret, or other proprietary right of any third party; (v) Company will comply with all applicable laws and regulations applicable to the performance by Company of its obligations under this Agreement. Company hereby agrees to indemnify and hold harmless Customer against any damages, losses, liabilities, settlements and expenses (including without limitation costs and lawyers’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider Company or by third-party providers, or because of other causes beyond Service ProviderCompany’s reasonable control, but Service Provider Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER COMPANY DOES NOT WARRANT THAT THE SERVICES SERVICES, NOR THE SOFTWARE THAT THE COMPANY SUBLICENSES AND WHICH FORMS PART OF THE COMPANY’S SOFTWARE, WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SOFTWARE THAT THE COMPANY SUBLICENSES AND WHICH FORMS PART OF THE COMPANY’S SOFTWARE AND SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, THE SERVICES AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER THE IMPLEMENTATION SERVICES ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, OR OTHER MATERIALSPURPOSE.

Warranty and Disclaimer. Service Provider shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider or by thirdTHE SERVICE IS PROVIDED "AS-party providers, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE IS" WITHOUT ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED INCLUDING WITHOUT LIMITATION OF WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE, OR NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. NEITHER BANK NOR XXXX.XXX WARRANTS THAT THERE THE SERVICE IS COMPLETELY SECURE OR IS FREE FROM BUGS, INTERRUPTIONS, ERRORS, OR OTHER PROGRAM LIMITATIONS, OR THAT ALL ERRORS WILL BE CORRECTED. BANK AND XXXX.XXX FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BANK, XXXX.XXX OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE RISKS INHERENT SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN INTERNET CONNECTIVITY THAT COULD RESULT IN CONNECTION WITH THE SERVICE), OR THE LOSS OF CUSTOMER’S PRIVACY, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, DATA THAT RESULTS FROM THE USE OF THE SERVICE OR OTHER MATERIALSTHE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

Warranty and Disclaimer. Service Provider shall use reasonable efforts consistent with prevailing industry standards to maintain Vendor warrants that, as of the Services in a manner date on which minimizes errors the Software is purchased and interruptions for sixty (60) days thereafter (“Warranty Period”), the Software will provide the general features and functions described in the Services Documentation in effect on the date of purchase. Vendor's entire liability and shall perform your exclusive remedy during the Services in a professional and workmanlike manner. Services may Warranty Period (“Limited Warranty”) will be, with the exception of any statutory warranty or remedy that cannot be temporarily unavailable for scheduled maintenance excluded or for unscheduled emergency maintenancelimited under law, either by Service Provider at Vendor's option, (i) to attempt to correct or by third-party providerswork around errors, if any, or because (ii) to refund the license fees, if any, paid by you and terminate this Agreement or the license specific to such Software. Such refund is subject to the discontinuance of other causes beyond Service Provider’s reasonable controlthe use of the Software, but Service Provider shall use reasonable efforts to provide advance notice in writing or deactivation of the license key per instructions provided by e-mail Vendor, destroying all printed copies and deleting all electronic copies of any scheduled service disruptiondocumentation that you have downloaded, printed, or created relating to the Software, and ensuring that no copies of any of the Software screens, data, or other content remain archived or otherwise stored on your computers, during the Warranty Period, and providing declaration of same to Vendor. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY LIMITED WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL LEGAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. VENDOR DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, VENDOR EXPRESSLY DISCLAIMS ANY AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. CUSTOMER ACKNOWLEDGES VENDOR DOES NOT WARRANT THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT THE FUNCTIONS CONTAINED IN THE LOSS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF CUSTOMER’S PRIVACYTHE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, TECHNOLOGYVENDOR DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SOFTWARE AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, SOFTWAREAS WELL AS MAINTENANCE, DATADOWNTIME, CONFIDENTIAL INFORMATIONAND OTHER INTERRUPTIONS, OR OTHER MATERIALS.MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE

Warranty and Disclaimer. Service Provider shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall Cantata warrants that it will perform the Services in a professional and workmanlike manner, in compliance with applicable laws and in accordance with this Agreement or applicable SOW. Services may be temporarily unavailable Cantata warrants that all Software shall function in compliance with applicable Documentation for scheduled maintenance a period of ninety (90) days from the date of delivery to or for unscheduled emergency maintenanceaccess by Client, either by Service Provider or by third-party providers, or because except that Software licensed to Client as a SaaS subscription shall function in compliance with the applicable Documentation during the Term of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESsubscription. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS SECTION 6AGREEMENT, THE SERVICES, SOFTWARE, SUPPORT THIRD PARTY SOFTWARE AND OTHER SERVICES (INCLUDING PROFESSIONAL SERVICES, CONFIDENTIAL INFORMATION, ) AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ANY DELIVERABLES ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER CANTATA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, QUIET ENJOYMENT, OR ACCURACY. WITHOUT LIMITING THE FOREGOING, CANTATA DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SOFTWARE, THIRD PARTY SOFTWARE, SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GIVEN THE NATURE AND VOLUME OF MALICIOUS AND UNWARRANTED ELECTRONIC CONTENT, CANTATA DOES NOT WARRANT THAT ANY SOFTWARE, THIRD PARTY SOFTWARE OR SERVICES SHALL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR SHALL DETECT ONLY SECURITY THREATS OR MALICIOUS CODE OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE OR PROVIDED THROUGH ANY SOFTWARE, THIRD PARTY SOFTWARES OR SERVICE IS ACCURATE, COMPLETE OR FREE OF VIRUSES, MALICIOUS CODE, INTRUSIONS, SECURITY BREACHES OR OTHER HARMFUL CONTENTS OR COMPONENTS. LICENSEE ASSUMES ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF SOFTWARE, THIRD PARTY SOFTWARE OR SERVICES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES THE RISKS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE PROGRAM ERRORS, LOSS OF CUSTOMER’S PRIVACYDATA OR SOFTWARE PROGRAMS, TECHNOLOGY, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE, DATA, CONFIDENTIAL INFORMATION, THIRD PARTY SOFTWARE OR OTHER MATERIALSSERVICES AND ASSUMES ALL RISKS ASSOCIATED WITH ITS USE.

Warranty and Disclaimer. Service Provider shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Certain Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider Hub Group or by third-party providersProviders, or because of other causes beyond Service ProviderHub Group’s reasonable control, but Service Provider . Hub Group shall use reasonable efforts to provide advance notice in writing or by e-e- mail of any scheduled service disruptiondowntime. Customer’s sole remedy for breach of this warranty is set forth as THE SERVICES ARE PROVIDED “creditsAS-IS” in the Service Level Addendum for SaaS. HOWEVERWITHOUT WARRANTY OF ANY KIND OTHER THAN WARRANTIES EXPRESSLY CONTAINED IN THE AGREEMENT OR THE CONDITIONS OR ANY SCHEDULE OR EXHIBIT THERETO. WITHOUT LIMITING THE FOREGOING, SERVICE PROVIDER Hub Group DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESSERVICES OR THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL WARRANTIESOTHER WARRANTIES (OTHER THAN WARRANTIES EXPRESSLY CONTAINED IN THE AGREEMENT OR THE CONDITIONS OR ANY SCHEDULE OR EXHIBIT THERETO), EXPRESS OR IMPLIED, INCLUDINGORAL OR WRITTEN, BUT NOT LIMITED TO, WITH RESPECT TO THE SERVICES INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS ALL WARRANTIES IMPLIED FROM ANY COURSE OF CUSTOMER’S PRIVACYDEALING, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, COURSE OF PERFORMANCE OR OTHER MATERIALSUSAGE OF TRADE.

Warranty and Disclaimer. Service Provider Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider Company or by third-party providers, or because of other causes beyond Service ProviderCompany’s reasonable control, but Service Provider Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET which case, full payment for invoices issued in any given 3 FORTH IN THIS SECTION 6SECTION, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, SERVICES AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER IMPLEMENTATION SERVICES ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING TO THE CONTRARY, COMPANY, THE COMPANY’S OFFICERS, AND THE COMPANY’S EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE LOSS 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF CUSTOMER’S PRIVACY, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, OR OTHER MATERIALSTHE POSSIBILITY OF SUCH DAMAGES.

Warranty and Disclaimer. Service Provider Company shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the Platform (as such term is defined in the Proposal) and the deliverables (as detailed in the Proposal) under the Implementation Services in a manner which minimizes errors and interruptions in the Services Platform and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider Company or by third-party providers, or because of other causes beyond Service ProviderCompany’s reasonable control, but Service Provider Company shall use reasonable efforts to provide advance notice in writing or by e-mail (to the extent possible) of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER COMPANY DOES NOT WARRANT THAT THE SERVICES (INCLUDING IMPLEMENTATION SERVICES) WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. IN ADDITION, COMPANY DOES NOT WARRANT THE SECURITY OF CUSTOMER’S DATA RESIDING ON COMPANY’S PLATFORM. HOWEVER, GIVEN THE CONFIDENTIAL NATURE OF CERTAIN OF THIS DATA, COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO 3 SAFEGUARD THE SECURITY OF THIS DATA BY PROTECTING IT IN THE SAME MANNER IT WOULD PROTECT ITS OWN SECURE DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6SECTION, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER SERVICES ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-NON- INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, OR OTHER MATERIALS.

Warranty and Disclaimer. Service Provider Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider Company or by third-party providers, or because of other causes beyond Service ProviderCompany’s reasonable control, but Service Provider Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6SECTION, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, SERVICES AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER IMPLEMENTATION SERVICES ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-NON- INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING TO THE CONTRARY, COMPANY, THE COMPANY’S OFFICERS, AND THE COMPANY’S EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF CUSTOMER’S PRIVACY, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, OR OTHER MATERIALS.BUSINESS;

Warranty and Disclaimer. Service Provider shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider or by third-party providers, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Service Provider represents, warrants, and covenants that, to its knowledge, the Services do not include (a) any virus or other code typically described as a virus or by similar terms (such as a Trojan horse, worm or backdoor) that may disrupt, damage, or interfere with Customer’s sole remedy for breach use of this warranty is set forth as “credits” the Software Program or its computer and/or telecommunications facilities; or (b) any feature or function that may enable Service Provider or any third party to (i) discontinue Customer’s effective use of any such Services; (ii) erase, destroy, corrupt, restrict the use of or modify any data of Customer without the consent of Customer; (iii) bypass any internal or external software security measure in order to obtain access to the systems of Customer or Customer’s data without written consent of Customer. Service Level Addendum for SaaS. Provider further represents, warrants and covenants that the Services will conform in all material respects to the documentation supplied by Service Provider. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6SECTION, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, SERVICES AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER IMPLEMENTATION SERVICES ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, OR OTHER MATERIALS.

Warranty and Disclaimer. Service Provider shall 8.1 Customer represents, covenants, and warrants that Customer will use reasonable efforts consistent with prevailing industry standards to maintain the Adastra Services in a manner which minimizes errors compliance with the Applicable Law (including without limitation laws and interruptions in the Services regulations related to privacy, intellectual property, consumer protection, obscenity, and shall perform the Services defamation). Adastra warrants that any services provided in a professional Sales Order shall be provided in a competent and workmanlike mannermanner in accordance with industry standards. Except as provided herein, ADASTRA MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARDS TO THE ADASTRA SERVICES, DOCUMENTATION, CONSULTATION, OR ANY ADASTRA CONTENT. Adastra does not warrant that the Adastra Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider or by third-party providers, or because obtained from use of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESAdastra Services. EXCEPT AS EXPRESSLY FOR THE FOREGOING AND UNLESS OTHERWISE SET FORTH IN THIS SECTION 6THE SLA, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ADASTRA SERVICES ARE PROVIDED “AS IS”, “WHERE IS”, ” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER ADASTRA DISCLAIMS ALL STATUTORY OR OTHERWISE CONDITIONS, REPRESENTATIONS, AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTNONINFRINGEMENT. XXXXXXX IS NOT ENGAGED IN THE PRACTICE OF LAW. ANY STATEMENTS OR ASSISTANCE XXXXXXX PROVIDES SHOULD BE INTERPRETED AS OPINIONS OR ADVICE CONCERNING BUSINESS ISSUES TO BE CONSIDERED IN CONNECTION WITH THE SERVICES. CUSTOMER REPRESENTS AND WARRANTS IT IS NOT RELYING UPON ADASTRA TO PROVIDE LEGAL SERVICES. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS NEITHER ADASTRA NOR ITS THIRD PARTY PROVIDERS CONTROLS THE TRANSFER OF DATA OVER THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACYAND INTERNET SEARCH ENGINES. ADASTRA IS NOT RESPONSIBLE FOR ANY DELAYS, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, DELIVERY FAILURES OR OTHER MATERIALSDAMAGE RESULTING FROM SUCH PROBLEMS. Adastra makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the products and services provided under the Adastra Services (unless otherwise set forth in the SLA), Documentation, or any Adastra content.

Warranty and Disclaimer. Service Provider shall use reasonable efforts consistent Embarcadero warrants to You, the original purchaser, and to no other party, that any physical media included with prevailing industry standards the Eligible Products, as and when provided to maintain You, will be free of physical defects in materials and workmanship for a period of ninety (90) days after the Services in a manner which minimizes errors date that You initially acquire the Eligible Products. Your exclusive remedy and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider or by third-party providers, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s Embarcadero's sole remedy liability for breach of this warranty is set forth that Embarcadero will replace any defective media returned to Embarcadero within the ninety (90)- day warranty period. This warranty does not apply to damages resulting from misuse, abuse or neglect. Any replacement media will be warranted as “credits” in above for the Service Level Addendum for SaaS. HOWEVERremainder of the original warranty period or twenty (20) days from the date product is shipped to You, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESwhichever is longer. EXCEPT AS EXPRESSLY SET FORTH IN FOR THIS SECTION 6EXPRESS LIMITED WARRANTY, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, PRODUCT(S) AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER SERVICES ARE PROVIDED “"AS IS”, “WHERE IS”, AND “AS AVAILABLE” " AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER EMBARCADERO HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. CUSTOMER ACKNOWLEDGES THERE IS NO WARRANTY THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THE PRODUCT OR SERVICES WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT AND SERVICES. TO THE EXTENT THAT COULD RESULT IN EMBARCADERO MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE LOSS SCOPE AND DURATION OF CUSTOMER’S PRIVACYSUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, TECHNOLOGYSO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, SOFTWAREAND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, DATA, CONFIDENTIAL INFORMATION, OR OTHER MATERIALSWHICH VARY FROM STATE TO STATE.

Warranty and Disclaimer. Service Provider Linuxcare hereby warrants to Company that all ----------------------- services provided by Linuxcare under this Master Services Agreement shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services be performed in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenanceTHE PARTIES ACKNOWLEDGE THAT THIS IS AN AGREEMENT FOR SERVICES AND NOT FOR THE SUPPLY OF GOODS. EXCEPT FOR THE FOREGOING, either by Service Provider or by third-party providers, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED LINUXCARE MAKES NO OTHER WARRANTIES OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY REPRESENTATIONS AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATIONSERVICES RENDERED, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENTNONINFRINGEMENT. CUSTOMER ACKNOWLEDGES LINUXCARE FURTHER DISCLAIMS ANY WARRANTY THAT THERE ARE RISKS INHERENT THE SERVICES WILL SUCCEED IN INTERNET CONNECTIVITY RESOLVING ANY PROBLEM, OR THAT COULD RESULT ANY WORK PRODUCT OF THE SERVICES WILL BE FREE FROM PROGRAM ERRORS 10 Limitation of Liability NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR ----------------------- OTHERWISE, NEITHER PARTY SHALL BE LIABLE OR OBLIGATED WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (1) FOR ANY AMOUNTS IN EXCESS IN THE LOSS AGGREGATE OF CUSTOMER’S PRIVACYTHE FEES PAID HEREUNDER WITH RESPECT TO THE PERFORMANCE OF OBLIGATIONS, (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SOFTWARESERVICES OR RIGHTS; OR (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE OR OBLIGATED WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT OR UNDER ANY CONTRACT, DATANEGLIGENCE, CONFIDENTIAL INFORMATIONSTRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY: (I) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL, OR (II) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OF ANY NATURE, WHETHER ARISING UNDER STATUTE, TORT (INCLUDING NEGLIGENCE) OR CONTRACT, EVEN IF SUCH PARTY HAS BEEN ADVISED BY THE OTHER MATERIALSPARTY OF THE POSSIBILITY OF SUCH DAMAGES.

Warranty and Disclaimer. Service Provider shall ABB Oy warrants that, for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt, the distribution media on which the program is furnished under normal use reasonable will be free from defects in materials and workmanship and the program under normal use will perform without significant errors that make it unusable. ABB Oy’s entire liability and your exclusive remedy under this warranty (which is subject to your returning the program to ABB Oy with a copy of your receipt) will be, at ABB Oy’s option, to attempt to correct or help you around errors with efforts consistent which ABB Oy believes suitable to the problem, to replace the program or distribution media with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance functionally equivalent software or for unscheduled emergency maintenancedistribution media, either by Service Provider or by third-party providersas applicable, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of refund the purchase price and terminate this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESAgreement. EXCEPT AS EXPRESSLY SET FORTH FOR THE ABOVE EXPRESS LIMITED WARRANTIES, ABB OY MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR IN THIS SECTION 6, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATIONANY COMMUNICATION WITH YOU, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ABB Oy does not warrant that the operation of the program will be uninterrupted or error free. LIMITATION OF LIABILITY IN NO EVENT SHALL ABB OY BE LIABLE TO YOU OR TO ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIEDTHIRD PARTY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATIONLOST PROFITS OR OPERATIONS, COST OF CAPITAL OR OTHER MATERIALSINDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING FROM THE USE OF THE PROGRAM OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND UNDER ANY LEGAL THEORY. THIS LIMITATION WILL APPLY EVEN IF ABB OY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE LICENCE FEE REFLECTS THIS ALLOCATION OF RISK.

Warranty and Disclaimer. Service Provider Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services Software in a manner which minimizes errors and interruptions in the Services Software and shall perform the Services in a professional and workmanlike mannermanner with the care, skill, and diligence reasonably expected of a qualified and competent professional in information processing and consulting, experienced in undertaking work of a similar size, scope, value, and purpose to the subject matter of this Agreement. Services Software provided on a “Software as Service” basis may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider Company or by third-party providers, or because of other causes beyond Service ProviderCompany’s reasonable control, but Service Provider Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER COMPANY DOES NOT WARRANT THAT THE SERVICES SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESSOFTWARE. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6SECTION, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, SOFTWARE AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER SERVICES ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER COMPANY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE MERCHANTABILITY, MERCHANTABLE QUALITY, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACYCompany hereby provides a ninety (90) calendar day warranty period for the Software commencing upon delivery. Within such period, TECHNOLOGYCompany warrants that, SOFTWAREunder normal use, DATAthe Software delivery media will be free from defects in materials and workmanship, CONFIDENTIAL INFORMATIONand that Software will substantially conform to the requirements and specifications stated in the Statement of Work. During the warranty period, OR OTHER MATERIALSCompany will address all demonstrated Software anomalies incurred after delivery. All replacements, updates, and/or upgrades made during the original warranty period will be warranted only for the remainder of the original warranty period. In the event the Software does not substantially comply with the warranties set forth in this Section 6, Customer’s remedy shall be either (i) the modification, repair or replacement of the Software; or (ii) termination of this Agreement and a prorated refund to Customer. Under no circumstances does Company warrant that Software will operate uninterrupted or error free. The foregoing warranties are void if failure of a warranted item results directly from an unauthorized modification to a warranted item; an unauthorized attempt to repair a warranted item; or misuse of a warranted item, including, without limitation, use of warranted item under materially abnormal operating conditions or without routinely maintaining a warranted item.

Warranty and Disclaimer. Service Provider shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall Experience Care warrants that it will perform the Services in a professional and workmanlike manner, in compliance with applicable laws and in accordance with this Agreement or applicable SOW. Services may be temporarily unavailable Experience Care warrants that all Software shall function in compliance with applicable Documentation for scheduled maintenance a period of ninety (90) days from the date of delivery to or for unscheduled emergency maintenanceaccess by Client, either by Service Provider or by third-party providers, or because except that Software licensed to Client as a SaaS subscription shall function in compliance with the applicable Documentation during the Term of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESsubscription. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS SECTION 6AGREEMENT, THE SERVICES, SOFTWARE, SUPPORT THIRD PARTY SOFTWARE AND OTHER SERVICES (INCLUDING PROFESSIONAL SERVICES, CONFIDENTIAL INFORMATION, ) AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ANY DELIVERABLES ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER EXPERIENCE CARE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, QUIET ENJOYMENT, OR ACCURACY. WITHOUT LIMITING THE FOREGOING, EXPERIENCE CARE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SOFTWARE, THIRD PARTY SOFTWARE, SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GIVEN THE NATURE AND VOLUME OF MALICIOUS AND UNWARRANTED ELECTRONIC CONTENT, EXPERIENCE CARE DOES NOT WARRANT THAT ANY SOFTWARE, THIRD PARTY SOFTWARE OR SERVICES SHALL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR SHALL DETECT ONLY SECURITY THREATS OR MALICIOUS CODE OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE OR PROVIDED THROUGH ANY SOFTWARE, THIRD PARTY SOFTWARES OR SERVICE IS ACCURATE, COMPLETE OR FREE OF VIRUSES, MALICIOUS CODE, INTRUSIONS, SECURITY BREACHES OR OTHER HARMFUL CONTENTS OR COMPONENTS. LICENSEE ASSUMES ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF SOFTWARE, THIRD PARTY SOFTWARE OR SERVICES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES THE RISKS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE PROGRAM ERRORS, LOSS OF CUSTOMER’S PRIVACYDATA OR SOFTWARE PROGRAMS, TECHNOLOGY, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE, DATA, CONFIDENTIAL INFORMATION, THIRD PARTY SOFTWARE OR OTHER MATERIALSSERVICES AND ASSUMES ALL RISKS ASSOCIATED WITH ITS USE.

Warranty and Disclaimer. Service Provider VIANOVA shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider VIANOVA or by third-party providers, or because of other causes beyond Service ProviderVIANOVA’s reasonable control, but Service Provider VIANOVA shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER VIANOVA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, SECTION. THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, SERVICES AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER IMPLEMENTATION SERVICES ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN VIANOVA DISCLAIMS, TO THE AGREEMENTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE MUNICIPALITY IS SOLE AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES EXCLUSIVE RESPONSIBLE FOR ENSURING THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS SERVICES, MUNICIPALITY PURPOSES, MUNICIPALITY USE CASES AND AUTHORIZED USERS’ ACTUAL USE OF CUSTOMER’S PRIVACYTHE SERVICES COMPLY WITH LAWS AND REGULATIONS TO WHICH IT IS SUBJECT, TECHNOLOGYSUCH AS DATA PROTECTION LAWS, SOFTWAREOPEN DATA REGULATIONS, DATACITY COUNCIL REGULATIONS, CONFIDENTIAL INFORMATIONTENDER REGULATIONS AND PUBLIC LAW; MUNICIPALITY SHALL HOLD VIANOVA HARMLESS AGAINST ANY CLAIM, SANCTION OR OTHER MATERIALSLIABILITY RESULTING THEREFROM.

Warranty and Disclaimer. Service Provider shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike mannerLimited Datto Hardware Warranty. Services may be temporarily unavailable Warranty terms for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider or by third-party providers, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruptionphysical hardware Devices are available on an Online Portal. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT YOU ACKNOWLEDGE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE PRODUCTS, INCLUDING ANY WARRANTY SERVICES, ARE PROVIDED AS IS AND WITH ALL FAULTS. TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, AND WE DISCLAIM ALL OTHER TECHNOLOGYPROMISES, SOFTWARE, SERVICES, DATA REPRESENTATIONS AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, DATA SECURITY, QUIET ENJOYMENT, TITLE, AND/OR NON-­‐INFRINGEMENT OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET ANY CONTENT OWNER, ADMINISTRATOR, OR USER REQUIREMENTS OR THAT THE OPERATION OF ANY PRODUCT WILL BE SECURE, UNINTERRUPTED, OR ERROR-­‐FREE, FREE OF HARMFUL COMPONENTS OR THAT ALL ERRORS WILL BE CORRECTED. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT’S COMPLIANCE WITH LAWS AND REGULATIONS SPECIFICALLY APPLICABLE TO ANY CONTENT OWNER OR INDUSTRY AND DISCLAIM ALL LIABILITY ASSOCIATED THEREWITH. THE PRODUCTS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER RISKS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WE DISCLAIM ANY DUTIES OF A BAILEE, AND YOU HEREBY WAIVE ALL RIGHTS AND REMEDIES OF A XXXXXX (ARISING UNDER COMMON LAW OR STATUTE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE, TRANSMISSION OR SHIPMENT OF CONTENT BY US. WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY COMPONENTS IN ANY PRODUCTS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-­‐INFRINGEMENT, QUALITY OF INFORMATION, QUIET ENJOYMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE THIRD PARTY COMPONENTS. YOU SHOULD CONSULT THE RESPECTIVE VENDOR OR MANUFACTURER OF THE THIRD PARTY COMPONENT FOR WARRANTY AND NON-INFRINGEMENTPERFORMANCE INFORMATION. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACYNO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY RESELLER, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, ADMINISTRATOR OR OTHER MATERIALSPARTY WILL CREATE ANY ADDITIONAL DATTO WARRANTIES, ABROGATE THE DISCLAIMERS SET FORTH ABOVE OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS HEREUNDER.

Warranty and Disclaimer. Service Provider shall Each party warrants that: (a) it is a validly existing and duly incorporated company in accordance with respective local laws; (b) it has full power, legal right and authority to enter into this Agreement, and to do all acts and things and execute and deliver all other documents as are required hereunder to be done, observed or performed by it in accordance with its the terms of this Agreement; and (c) it has taken all necessary corporate action to authorize the creation, execution, delivery and performance of this Agreement, and to observe and perform the provisions of this Agreement in accordance with their terms. Supplier further warrants that during throughout the Term, when utilized in accordance with their current Documentation and under normal use reasonable efforts consistent with prevailing industry standards to maintain and circumstances, the Services will operate in a manner which minimizes errors and interruptions in material conformance with the Services and shall perform the Services in a professional and workmanlike mannerDocumentation. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenanceEXCEPT AS SET FORTH IN THIS SECTION 14, either by Service Provider or by thirdSUPPLIER MAKES NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND CONCERNING THE SERVICES, THE MATERIALS, OR THEIR USE, ACCURACY, OR FUNCTION. SPECIFICALLY, SUPPLIER PROVIDES THE SERVICES ON AN “AS-party providersIS” BASIS AND “AS-AVAILABLE BASIS” AND DISCLAIMS ALL WARRANTIES, or because of other causes beyond Service Provider’s reasonable controlEXPRESS, but Service Provider shall use reasonable efforts to provide advance notice in writing or by eIMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-mail of any scheduled service disruptionINFRINGEMENT. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, SERVICE PROVIDER NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES SHALL BE DEEMED A WARRANTY OR GUARANTEE FOR ANY PURPOSE OR GIVE RISE TO ANY SUPPLIER’ LIABILITY OF THIRD PARTIES WHATSOEVER. CUSTOMER ACKNOWLEDGES THAT IT RELIED ON NO WARRANTIES OR STATEMENTS OTHER THAN AS MAY BE SET FORTH HEREIN. SUPPLIER DOES NOT WARRANT THAT THE SERVICES OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED UNINTERRUPTED, SECURE, OR ERROR FREE; NOR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SUPPLIER DOES IT MAKE NOT WARRANT THAT ANY WARRANTY AS OF THOSE ISSUES WILL BE CORRECTED. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING FEES CHARGED TO AUTHORIZED USERS, AND SUPPLIER WILL NOT BE LIABLE FOR ANY DISCREPANCY BETWEEN FEES CHARGED TO AUTHORIZED USERS AND FEES CUSTOMER OWES TO SUPPLIER. THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 614.3 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUPPLIER DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT SUPPLIER IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. Customer may be invited by Supplier to try beta versions of the Services (“Beta Services”). Customer may need to agree to additional terms for the Beta Services. The Beta Services are provided for evaluation and feedback purposes only and may not be used in a production environment. Customer understands that the beta Services are not generally released and, therefore, are unsupported and may contain bugs, errors, and other issues. The Beta Services are provided on an “AS-IS” basis, without warranty of any kind, and Supplier is not responsible for any problems or issues related to Customer’s use of the Beta Services. The Beta Services may never be generally available, and Supplier may discontinue the Beta Services in its sole discretion at any time for any reason, and Supplier may delete any Customer Content or any other data on the Beta Services without liability to Customer. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUPPLIER AND ITS AFFILIATES BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO CUSTOMER’S ACCESS TO OR USE OF, OR CUSTOMER’S INABILITY TO ACCESS OR USE, THE SERVICES, SOFTWAREWHETHER BASED ON WARRANTY, SUPPORT SERVICESCONTRACT, CONFIDENTIAL INFORMATIONTORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SUPPLIER ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SUPPLIER ENTITIES TO CUSTOMER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT CUSTOMER HAS PAID TO SUPPLIER FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY SERVICE PROVIDER ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WITHOUT WARRANTY PROVISIONS OF ANY KINDTHIS AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY STATED THE LIMITATIONS IN THIS SECTION 6 (WARRANTY) OR ELSEWHERE IN THE AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT 15 WILL APPLY EVEN IF ANY LIMITED TO, IMPLIED WARRANTIES REMEDY FAILS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, OR OTHER MATERIALSITS ESSENTIAL PURPOSE.