Common use of Warranty and Disclaimer Clause in Contracts

Warranty and Disclaimer. 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. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us or by third-party providers, or because of other causes beyond Our reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR 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, THE SERVICES ARE PROVIDED “AS IS” AND 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. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORAL, OR VIDEO 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. We shall a) Nikon provides a limited media warranty that the SOFTWARE is recorded on a media that is free from defect in materials and workmanship under normal use reasonable efforts consistent with prevailing industry standards to maintain and conditions for a period of ninety (90) days from the Services in a manner which minimizes errors and interruptions date of delivery of the SOFTWARE as evidenced by the original receipt. During this period, if there is any defect in the Servicesmaterials or workmanship with respect to the media, you may return it to the Nikon authorized dealer who supplied it, together with your original receipt, and such media will be repaired or replaced free of charge. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenanceIf you ship the SOFTWARE to your Nikon authorized dealer, either by Us or by third-party providersyou must pay all postage, or because of other causes beyond Our reasonable controlshipping, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruptiontransportation, insurance, and delivery costs. HOWEVER, WE THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY TO THE DOWNLOADED SOFTWARE. b) THE LIMITED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT WARRANT THAT APPLY IF THE SERVICES WILL DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE UNINTERRUPTED WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR ERROR FREE; NOR DO WE MAKE THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY AS IMPLIED BY LAW ON THE MEDIA, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE RESULTS THAT MAY BE OBTAINED FROM USE DURATION OF THE SERVICESABOVE LIMITED WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONNIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDED. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE SOFTWARE IS PROVIDED “ON AN "AS IS” " BASIS, WITHOUT WARRANTY OF ANY KIND, AND WE NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ALL WARRANTIESANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OR NON-INFRINGEMENT. TO THE SERVICES ARE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT A REPLACEMENT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR PROFESSIONAL SERVICES ANY DIRECT, INDIRECT, CONSEQUENTIAL OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY INFORMATION OR ADVICE YOU RECEIVE FROM USKIND, WHETHER WRITTENLOSS OF PROFITS, ORALBUSINESS INTERRUPTION, OR VIDEO DOES NOT CREATE A WARRANTY OTHERWISE ARISING OUT OF OR RESULTING FROM THE SOFTWARE, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER. d) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL NIKON NOR ANY OF ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE LIABILITY OR RESPONSIBILITY OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMS. WE ASSUME NO RESPONSIBILITY (INCLUDING LIABILITY FOR ANY OUTCOME AS A RESULT OF YOUR ACTION OR INACTION BASED ON THE SERVICES, YOUR INTERACTION WITH US, OUR TRAINING NEGLIGENCE) TO YOU OR ANY MATERIAL PROVIDED OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY USTHE SOFTWARE LICENSED OR FURNISHED BY NIKON OR ANY OF ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. ALTHOUGH WE MAKE EVERY EFFORT TO KEEP OUR SERVICES UP TO DATE AND ACCURATE, WE CANNOT GUARANTEE, AND YOUR STATUTORY RIGHTS ARE NOT RESPONSIBLE FORAFFECTED BY THIS AGREEMENT. e) Nikon hereby reserves the right to modify, ANY DAMAGE OR LOSS RELATED TO THE ACCURACYadapt, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED ON THE SERVICEStranslate or improve the SOFTWARE at any time.

Warranty and Disclaimer. We shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the ServicesCOMVERGE AGREES TO USE REASONABLE EFFORTS AND SKILL TO PROVIDE THE SUPPORT AND MAINTENANCE SERVICES DESCRIBED IN THIS SCHEDULE A2. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenanceA REQUEST BY LICENSEE FOR ANY SERVICE THAT IS BEYOND THE SCOPE,IS NOT BINDING ON COMVERGE UNLESS COMVERGE AGREES IN WRITING TO PROVIDE SUCH SERVICE, either by Us or by third-party providers, or because of other causes beyond Our reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE IF OTHERWISE DETERMINED IN TERMS OF THE SERVICESNEC PROFESSIONAL SERVICES CONTRACT FOR THE XXXXX. THIS SCHEDULE A2 CONSTITUTES A SERVICE AGREEMENT AND NOT A PRODUCT WARRANTY. EXCEPT AS EXPRESSLY SET FORTH FOR THE EXPRESS LIMITED WARRANTY PRESENTED IN SECTION 9 OF THIS SECTIONSOFTWARE LICENCE AND SUPPORT AGREEMENT PART OF THE NEC PROFESSIONAL SERVICES CONTRACT FOR THE XXXXX, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL COMVERGE MAKES NO WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOREGARDING THE SUPPORT AND MAINTENANCE SERVICES, ANY OTHER SERVICES, ANY ERROR CORRECTION, WORKAROUND, NEW RELEASE, TRAINING, INSTALLATION OR UPDATE FOR THE COMVERGE SOFTWARE. COMVERGE SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM USPURPOSE, WHETHER WRITTEN, ORAL, OR VIDEO 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 GUARANTEEMERCHANTABILITY, AND ARE NOT RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION NONINFRINGEMENT SAVE AS PROVIDED ON THE SERVICESFOR HEREIN.

Warranty and Disclaimer. We Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the ServicesServices 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 Us Company or by third-party providers, or because of other causes beyond Our Company’s reasonable control, but We Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE 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, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM 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. 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 TO COMPANY FOR THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM USUNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER WRITTEN, ORAL, OR VIDEO 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 COMPANY HAS BEEN ADVISED OF THE INFORMATION PROVIDED ON THE SERVICESPOSSIBILITY OF SUCH DAMAGES.

Warranty and Disclaimer. We 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 ServicesPlatform and perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us Company or by third-party providers, or because of other causes beyond Our Company’s reasonable control, but We Company shall use reasonable efforts to provide advance notice in writing or by e-mail (to the extent possible) of any scheduled service disruption. HOWEVER, WE DO COMPANY DOES NOT WARRANT THAT THE SERVICES (INCLUDING IMPLEMENTATION SERVICES) WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE 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, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM 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. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORAL, OR VIDEO 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. We 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 ServicesServices 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 Us Service Provider or by third-party providers, or because of other causes beyond Our Service Provider’s reasonable control, but We 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 use of 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 Provider further represents, warrants and covenants that the Services will conform in all material respects to the documentation supplied by Service Provider. HOWEVER, WE DO SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE 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, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM 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. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORAL, OR VIDEO 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. We Aurea shall use reasonable efforts consistent with prevailing industry standards to maintain the Services Software in a manner which minimizes errors and interruptions in the ServicesSoftware and shall perform the Services in a professional and workmanlike manner. Services The Software may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us Aurea or by third-party providers, or because of other causes beyond Our Aurea’s reasonable control, but We Aurea 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 applicable service level addendum for Software. HOWEVER, WE DO XXXXX DOES NOT WARRANT THAT THE SERVICES SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESSOFTWARE. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONSECTION 10 (WARRANTY), THE SERVICES SOFTWARE, SUPPORT SERVICES, CONFIDENTIAL INFORMATION, AND ALL OTHER TECHNOLOGY, SOFTWARE, SERVICES, DATA AND MATERIALS PROVIDED BY XXXXX ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE” AND WE DISCLAIM WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 11 (WARRANTY) OF THIS AGREEMENT OR ELSEWHERE IN THIS AGREEMENT, XXXXX 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 THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM USLOSS OF CUSTOMER’S PRIVACY, WHETHER WRITTENTECHNOLOGY, ORALSOFTWARE, DATA, CONFIDENTIAL INFORMATION, OR VIDEO 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 SERVICESOTHER MATERIALS.

Warranty and Disclaimer. We 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 ServicesServices 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 Us Service Provider or by third-party providers, or because of other causes beyond Our Service Provider’s reasonable control, but We 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, WE DO SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE 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 SECTIONSECTION 6, THE SERVICES 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 WE DISCLAIM 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 SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM USLOSS OF CUSTOMER’S PRIVACY, WHETHER WRITTENTECHNOLOGY, ORALSOFTWARE, DATA, CONFIDENTIAL INFORMATION, OR VIDEO 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 SERVICESOTHER MATERIALS.

Warranty and Disclaimer. We 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 ServicesDocumentation. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenanceEXCEPT AS SET FORTH IN THIS SECTION 14, either by Us 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 Our reasonable controlEXPRESS, but We 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. HOWEVER, WE DO 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 DO WE MAKE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SUPPLIER DOES NOT WARRANT THAT ANY 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 LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 14.3 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUPPLIER DOES NOT DISCLAIM ANY WARRANTY AS 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. TO THE RESULTS THAT MAY FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUPPLIER AND ITS AFFILIATES BE OBTAINED FROM 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, WHETHER BASED ON WARRANTY, CONTRACT, TORT (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 SERVICESSERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100. EXCEPT AS EXPRESSLY SET FORTH 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 PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT SECTION 15 WILL APPLY EVEN IF ANY LIMITED TO, IMPLIED WARRANTIES REMEDY FAILS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORAL, OR VIDEO 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 SERVICESITS ESSENTIAL PURPOSE.

Warranty and Disclaimer. We 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 be performed in a manner which minimizes errors professional and interruptions in the Servicesworkmanlike 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 Us or by third-party providers, or because of other causes beyond Our reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED LINUXCARE MAKES NO OTHER WARRANTIES OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY REPRESENTATIONS AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONSERVICES RENDERED, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM 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. LINUXCARE FURTHER DISCLAIMS ANY WARRANTY THAT THE SERVICES ARE NOT A REPLACEMENT WILL SUCCEED IN RESOLVING ANY PROBLEM, OR THAT 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 PROFESSIONAL ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE FEES PAID HEREUNDER WITH RESPECT TO THE PERFORMANCE OF OBLIGATIONS, (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR PROFESSIONAL ADVICERIGHTS; OR (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. OUR SERVICES ARE NEITHER PARTY TO THIS AGREEMENT 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: (I) FOR GENERAL INFORMATION ONLY. ANY INFORMATION MATTER BEYOND ITS REASONABLE CONTROL, OR ADVICE YOU RECEIVE FROM US(II) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OF ANY NATURE, WHETHER WRITTENARISING UNDER STATUTE, ORALTORT (INCLUDING NEGLIGENCE) OR CONTRACT, OR VIDEO 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 EVEN IF SUCH PARTY HAS BEEN ADVISED BY 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 OTHER PARTY OF THE INFORMATION PROVIDED ON THE SERVICESPOSSIBILITY OF SUCH DAMAGES.

Warranty and Disclaimer. We 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; (ii) the Services will achieve in all material respects the performance requirements and functionality 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 Us Company or by third-party providers, or because of other causes beyond Our Company’s reasonable control, but We Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO 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 DO WE 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 SECTIONSECTION 6, THE SOFTWARE, THE SERVICES AND THE IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM 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. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORAL, OR VIDEO 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 SERVICESPURPOSE.

Warranty and Disclaimer. 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. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us or by thirdTHE SERVICE IS PROVIDED "AS-party providers, or because of other causes beyond Our reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE 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, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM 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. YOU ASSUME ALL RISK AS TO THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES RESULTS AND PERFORMANCE OF THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. NEITHER BANK NOR XXXX.XXX WARRANTS THAT THE SERVICE IS COMPLETELY SECURE OR PROFESSIONAL ADVICEIS FREE FROM BUGS, INTERRUPTIONS, ERRORS, OR OTHER PROGRAM LIMITATIONS, OR THAT ALL ERRORS WILL BE CORRECTED. OUR SERVICES ARE FOR GENERAL INFORMATION ONLYBANK AND XXXX.XXX FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. ANY INFORMATION NO ADVICE OR ADVICE YOU RECEIVE FROM USINFORMATION, WHETHER ORAL OR WRITTEN, ORALOBTAINED FROM BANK, XXXX.XXX OR VIDEO DOES NOT ELSEWHERE SHALL CREATE A ANY WARRANTY OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMSTHIS AGREEMENT. WE ASSUME NO RESPONSIBILITY 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 SOLELY RESPONSIBLE FOR ANY OUTCOME AS A RESULT OF DAMAGE TO YOUR ACTION PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR INACTION BASED ON MOBILE DEVICE USED IN CONNECTION WITH 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, COMPLETENESSSERVICE), OR TIMELINESS THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE INFORMATION PROVIDED ON SERVICE OR THE SERVICESDOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

Warranty and Disclaimer. We 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 ServicesSoftware and shall perform the Services in a professional and workmanlike manner 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 Us Company or by third-party providers, or because of other causes beyond Our Company’s reasonable control, but We Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO COMPANY DOES NOT WARRANT THAT THE SERVICES SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE 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, THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM 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. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICECompany hereby provides a ninety (90) calendar day warranty period for the Software commencing upon delivery. OUR SERVICES ARE FOR GENERAL INFORMATION ONLYWithin such period, Company warrants that, under normal use, the Software delivery media will be free from defects in materials and workmanship, and that Software will substantially conform to the requirements and specifications stated in the Statement of Work. ANY INFORMATION OR ADVICE YOU RECEIVE FROM USDuring the warranty period, WHETHER WRITTENCompany will address all demonstrated Software anomalies incurred after delivery. All replacements, ORALupdates, OR VIDEO DOES NOT CREATE A WARRANTY OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMSand/or upgrades made during the original warranty period will be warranted only for the remainder of the original warranty period. WE ASSUME NO RESPONSIBILITY FOR ANY OUTCOME AS A RESULT OF YOUR ACTION OR INACTION BASED ON THE SERVICESIn the event the Software does not substantially comply with the warranties set forth in this Section 6, YOUR INTERACTION WITH USCustomer’s remedy shall be either (i) the modification, OUR TRAINING OR ANY MATERIAL PROVIDED BY USrepair or replacement of the Software; or (ii) termination of this Agreement and a prorated refund to Customer. ALTHOUGH WE MAKE EVERY EFFORT TO KEEP OUR SERVICES UP TO DATE AND ACCURATEUnder 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, WE CANNOT GUARANTEEincluding, AND ARE NOT RESPONSIBLE FORwithout limitation, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED ON THE SERVICESuse of warranted item under materially abnormal operating conditions or without routinely maintaining a warranted item.

Warranty and Disclaimer. We 6.1 Edify shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the ServicesServices 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 Us Edify or by third-party providers, or because of other causes beyond Our Edify’s reasonable control, but We Edify shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVERHowever, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREEEdify does not warrant that the Services will be uninterrupted or error free; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESnor 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, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM Edify DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT 6.2 IN NO EVENT SHALL Edify, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE SERVICES ARE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORAL, OR VIDEO DOES NOT CREATE A WARRANTY VENDOR-NAME WAS INFORMED OF THE LIKELIHOOD OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMS. WE ASSUME NO RESPONSIBILITY FOR ANY OUTCOME AS A RESULT PARTICULAR TYPE 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 SERVICESDAMAGES.

Warranty and Disclaimer. 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. Certain Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us Hub Group or by third-party providersProviders, or because of other causes beyond Our Hub Group’s reasonable control, but We . Hub Group shall use reasonable efforts to provide advance notice in writing or by e-e- mail of any scheduled service disruptiondowntime. HOWEVERTHE SERVICES ARE PROVIDED “AS-IS” WITHOUT 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, WE DO Hub Group DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE 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, SERVICES OR THAT THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM WILL MEET CUSTOMER'S REQUIREMENTS. 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 AND NON-INFRINGEMENT. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORAL, OR VIDEO 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 GUARANTEEPURPOSE, AND ARE NOT RESPONSIBLE FORALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, ANY DAMAGE COURSE OF PERFORMANCE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS USAGE OF THE INFORMATION PROVIDED ON THE SERVICESTRADE.

Warranty and Disclaimer. We shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the ServicesLimited Datto Hardware Warranty. Services may be temporarily unavailable Warranty terms for scheduled maintenance or for unscheduled emergency maintenance, either by Us or by third-party providers, or because of other causes beyond Our reasonable control, but We 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. HOWEVER, WE DO NOT WARRANT YOU ACKNOWLEDGE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE 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 SECTIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL OTHER PROMISES, REPRESENTATIONS AND 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. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES NO ORAL OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY WRITTEN INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORAL, OR VIDEO 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 GIVEN BY US OR ANY MATERIAL PROVIDED BY US. ALTHOUGH WE MAKE EVERY EFFORT TO KEEP RESELLER, ADMINISTRATOR OR OTHER PARTY WILL CREATE ANY ADDITIONAL DATTO WARRANTIES, ABROGATE THE DISCLAIMERS SET FORTH ABOVE OR IN ANY WAY INCREASE THE SCOPE OF 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 SERVICESOBLIGATIONS HEREUNDER.

Warranty and Disclaimer. We 6.1 Edify shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the ServicesServices 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 Us Edify or by third-party providers, or because of other causes beyond Our Edify’s reasonable control, but We Edify shall use reasonable efforts to provide advance notice in writing or by e-mail email of any scheduled service disruption. HOWEVERHowever, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREEEdify does not warrant that the Services will be uninterrupted or error free; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESnor 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, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM EDIFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT 6.2 IN NO EVENT SHALL EDIFY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE SERVICES ARE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORAL, OR VIDEO DOES NOT CREATE A WARRANTY VENDOR-NAME WAS INFORMED OF THE LIKELIHOOD OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMS. WE ASSUME NO RESPONSIBILITY FOR ANY OUTCOME AS A RESULT PARTICULAR TYPE 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 SERVICESDAMAGES.

Warranty and Disclaimer. We 11.1 Situm shall use reasonable efforts consistent with prevailing industry standards to maintain the Subscription Services in a manner which minimizes errors and interruptions in the ServicesSubscription Services and shall perform the Work for Hire in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us Situm or by third-party providers, or because of other causes beyond Our Situm’s reasonable control, but We Situm shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. 11.2 Situm shall also use reasonable efforts to maintain a security and privacy level regarding the Services and Customer data at least consistent with prevailing industry standards. 11.3 Except to the extent set forth in Exhibit B, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CUSTOMER ACCEPTS THE SERVICES “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF THE RESULTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. HOWEVER, WE DO WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: ; (a) SITUM DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED PERFORM WITHOUT INTERRUPTION OR ERROR FREEERROR; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS AND (b) SITUM DOES NOT REPRESENT OR WARRANT THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE 11.4 THE CLIENT HAS BEEN ABLE TO ACCESS AND USE THE SUBSCRIPTION SERVICES BEFORE SIGNING THIS AGREEMENT, BY MEANS OF OUR “AS IS” AND WE DISCLAIM ALL WARRANTIESFREE TRIAL VERSION”. WITH THIS MODALITY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS THE CLIENT HAS USED THE SUBSCRIPTION SERVICES FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPRODUCTIVE USES, INCLUDING ALL ITS COMPONENTS AND FUNCTIONALITIES. THEREFORE, THE SERVICES ARE NOT CLIENT ACKNOWLEDGES TO HAVE A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORAL, OR VIDEO DOES NOT CREATE A WARRANTY CLEAR UNDERSTANDING 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 ALL 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 FUNCTIONALITIES AND ACCURATE, WE CANNOT GUARANTEE, AND ARE NOT RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS LIMITATIONS OF THE INFORMATION PROVIDED ON THE SUBSCRIPTION SERVICES.

Warranty and Disclaimer. We shall Toskr will use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which that minimizes errors and interruptions in the ServicesServices and will perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us Toskr or by third-party providers, or because of other causes beyond Our Toskr’s reasonable control. However, but We shall Toskr will use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREEToskr does not warrant that the Services will be uninterrupted or error-free; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESnor 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, CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT USE OF THE SERVICES IS AT CUSTOMER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND WE “AS AVAILABLE” BASIS. TOSKR AND OUR PARENTS, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, LICENSORS, AND ANY PARTY UNDER OUR COMMON OWNERSHIP OR COMMON CORPORATE CONTROL (“OUR AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. TOSKR AND OUR AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED; AND (f) CUSTOMER'S USE OF THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLYTHE SOFTWARE WILL COMPLY WITH APPLICABLE LAWS. ANY INFORMATION MATERIAL, INFORMATION, OR ADVICE DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK; YOU RECEIVE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM USTHE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, ORAL, OBTAINED BY YOU EITHER FROM US OR VIDEO DOES NOT THROUGH OUR WEBSITE WILL CREATE A ANY 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 SERVICESAGREEMENT.

Warranty and Disclaimer. We Company shall use reasonable efforts consistent with prevailing industry standards to perform or maintain the Services in a manner which minimizes errors and interruptions in the Services. Certain Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us Company or by third-party providers, or because of other causes beyond Our Company’s reasonable control. However, but We shall 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 reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESthe Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS EXPRESS, IMPLIED, OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WITH RESPECT TO ANY MATTER ARISING UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, SOFTWARE SERVICES, PROFESSIONAL TRANSLATION SERVICES, COMMUNITY TRANSLATION SERVICES AND NON-INFRINGEMENTMACHINE TRANSLATION SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, CUSTOMER ACKNOWLEDGES THAT COMPANY DOES NOT WARRANT ACCESS TO THE SERVICES ARE TRANSLATED WEBSITES AND WE DO NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM USWARRANT THAT TRANSLATED CONTENT WILL BE UNINTERRUPTED, WHETHER WRITTENWITHOUT DEFECT AND ERROR, ORALABSOLUTELY SECURE, OR VIDEO DOES NOT CREATE A WARRANTY WITHOUT INFILTRATION OR COMPROMISE 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 SERVICESSECURITY SYSTEMS.

Warranty and Disclaimer. We shall use reasonable efforts consistent with prevailing industry standards to maintain the Cantata warrants that it will perform Services in a manner which minimizes errors professional and interruptions workmanlike manner, in compliance with applicable laws and in accordance with this Agreement or applicable SOW. Cantata warrants that all Software shall function in compliance with applicable Documentation for a period of ninety (90) days from the Servicesdate of delivery to or access by Client, except that Software licensed to Client as a SaaS subscription shall function in compliance with the applicable Documentation during the Term of the subscription. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenanceEXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, either by Us or by thirdTHE SOFTWARE, THIRD PARTY SOFTWARE AND OTHER SERVICES (INCLUDING PROFESSIONAL SERVICES) AND ANY DELIVERABLES ARE PROVIDED “AS IS”. CANTATA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-party providersINFRINGEMENT, or because of other causes beyond Our reasonable controlCOMPATIBILITY, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruptionSECURITY, QUIET ENJOYMENT, OR ACCURACY. HOWEVERWITHOUT LIMITING THE FOREGOING, WE DO CANTATA DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SOFTWARE, THIRD PARTY SOFTWARE, SERVICES WILL BE UNINTERRUPTED OR ERROR ERROR-FREE; NOR DO WE MAKE . GIVEN THE NATURE AND VOLUME OF MALICIOUS AND UNWARRANTED ELECTRONIC CONTENT, CANTATA DOES NOT WARRANT THAT ANY WARRANTY AS TO 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 RESULTS THAT MAY BE OBTAINED FROM QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONSOFTWARE, THE THIRD PARTY SOFTWARE OR SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES THE RISKS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES PROGRAM ERRORS, LOSS OF DATA OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORALSOFTWARE PROGRAMS, OR VIDEO DOES NOT CREATE A WARRANTY UNAVAILABILITY OR INTERRUPTION OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMSOPERATIONS. WE ASSUME NO RESPONSIBILITY LICENSEE IS SOLELY RESPONSIBLE FOR ANY OUTCOME AS A RESULT DETERMINING THE APPROPRIATENESS OF YOUR ACTION USE THE SOFTWARE, THIRD PARTY SOFTWARE OR INACTION BASED ON THE SERVICES, YOUR INTERACTION SERVICES AND ASSUMES ALL RISKS ASSOCIATED 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 SERVICESITS USE.

Warranty and Disclaimer. We shall a) Nikon provides a limited media warranty that the SOFTWARE is recorded on a media that is free from defect in materials and workmanship under normal use reasonable efforts consistent with prevailing industry standards to maintain and conditions for a period of ninety (90) days from the Services in a manner which minimizes errors and interruptions date of delivery of the SOFTWARE as evidenced by the original receipt. During this period, if there is any defect in the Servicesmaterials or workmanship with respect to the media, you may return it to the Nikon authorized dealer who supplied it, together with your original receipt, and such media will be repaired or replaced free of charge. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenanceIf you ship the SOFTWARE to your Nikon authorized dealer, either by Us or by third-party providersyou must pay all postage, or because of other causes beyond Our reasonable controlshipping, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruptiontransportation, insurance, and delivery costs. HOWEVER, WE THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY TO THE DOWNLOADED SOFTWARE. b) THE LIMITED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT WARRANT THAT APPLY IF THE SERVICES WILL DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE UNINTERRUPTED WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR ERROR FREE; NOR DO WE MAKE THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY AS IMPLIED BY LAW ON THE MEDIA, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE RESULTS THAT MAY BE OBTAINED FROM USE DURATION OF THE SERVICESABOVE LIMITED WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONNIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDED. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE SOFTWARE IS PROVIDED “ON AN "AS IS” " BASIS, WITHOUT WARRANTY OF ANY KIND, AND WE NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ALL WARRANTIESANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OR NON-INFRINGEMENT. TO THE SERVICES ARE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS,AND AGENTS DO NOT A REPLACEMENT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR PROFESSIONAL SERVICES ANY INDIRECT, CONSEQUENTIAL OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY INFORMATION OR ADVICE YOU RECEIVE FROM USKIND, WHETHER WRITTENLOSS OF PROFITS, ORALBUSINESS INTERRUPTION, OR VIDEO DOES NOT CREATE A WARRANTY OTHERWISE ARISING OUT OF OR RESULTING FROM THE SOFTWARE, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER. d) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL NIKON NOR ANY OF ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE LIABILITY OR RESPONSIBILITY OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMS. WE ASSUME NO RESPONSIBILITY (INCLUDING LIABILITY FOR ANY OUTCOME AS A RESULT OF YOUR ACTION OR INACTION BASED ON THE SERVICES, YOUR INTERACTION WITH US, OUR TRAINING NEGLIGENCE) TO YOU OR ANY MATERIAL PROVIDED OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY USTHE SOFTWARE LICENSED OR FURNISHED BY NIKON OR ANY OF ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. ALTHOUGH WE MAKE EVERY EFFORT TO KEEP OUR SERVICES UP TO DATE AND ACCURATE, WE CANNOT GUARANTEE, AND YOUR STATUTORY RIGHTS ARE NOT RESPONSIBLE FORAFFECTED BY THIS AGREEMENT. e) Nikon hereby reserves the right to modify, ANY DAMAGE OR LOSS RELATED TO THE ACCURACYadapt, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED ON THE SERVICEStranslate or improve the SOFTWARE at any time.

Warranty and Disclaimer. We 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. Services may be temporarily unavailable for scheduled maintenance functionally equivalent software or for unscheduled emergency maintenancediskettes, either by Us or by third-party providersas applicable, or because of other causes beyond Our reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESrefund the purchase price and terminate this Agreement. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, FOR THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL ABOVE EXPRESS LIMITED WARRANTIES, EXPRESS SOFTWARE PUBLISHING CORPORATION MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR IN ANY COMMUNICATION WITH YOU, BUT NOT LIMITED TOAND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE. Software Publishing Corporation does not warrant that the operation of the program will be uninterrupted or error free. SOME STATES DO NOT ALLOW THE SERVICES ARE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICEAPPLY TO YOU. OUR SERVICES ARE FOR GENERAL INFORMATION ONLYTHIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. ANY INFORMATION OR ADVICE YOU RECEIVE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM US, WHETHER WRITTEN, ORAL, OR VIDEO DOES NOT CREATE A WARRANTY STATE TO STATE. LIMITATION OF ANY KIND NOT EXPRESSLY STATED LIABILITY IN THESE TERMS. WE ASSUME NO RESPONSIBILITY EVENT WILL SOFTWARE PUBLISHING CORPORATION BE LIABLE FOR ANY OUTCOME AS A RESULT DAMAGES, INCLUDING LOSS OF YOUR ACTION DATA, LOST PROFITS, COST OF COVER OR INACTION BASED ON OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM 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 USE OF THE INFORMATION PROVIDED 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 SERVICESPOSSIBILITY 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. We shall use reasonable efforts consistent with prevailing industry standards to maintain the Experience Care warrants that it will perform Services in a manner which minimizes errors professional and interruptions workmanlike manner, in compliance with applicable laws and in accordance with this Agreement or applicable SOW. Experience Care warrants that all Software shall function in compliance with applicable Documentation for a period of ninety (90) days from the Servicesdate of delivery to or access by Client, except that Software licensed to Client as a SaaS subscription shall function in compliance with the applicable Documentation during the Term of the subscription. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenanceEXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, either by Us or by thirdTHE SOFTWARE, THIRD PARTY SOFTWARE AND OTHER SERVICES (INCLUDING PROFESSIONAL SERVICES) AND ANY DELIVERABLES ARE PROVIDED “AS IS”. EXPERIENCE CARE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-party providersINFRINGEMENT, or because of other causes beyond Our reasonable controlCOMPATIBILITY, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruptionSECURITY, QUIET ENJOYMENT, OR ACCURACY. HOWEVERWITHOUT LIMITING THE FOREGOING, WE DO EXPERIENCE CARE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SOFTWARE, THIRD PARTY SOFTWARE, SERVICES WILL BE UNINTERRUPTED OR ERROR ERROR-FREE; NOR DO WE MAKE . GIVEN THE NATURE AND VOLUME OF MALICIOUS AND UNWARRANTED ELECTRONIC CONTENT, EXPERIENCE CARE DOES NOT WARRANT THAT ANY WARRANTY AS TO 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 RESULTS THAT MAY BE OBTAINED FROM QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONSOFTWARE, THE THIRD PARTY SOFTWARE OR SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES THE RISKS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES PROGRAM ERRORS, LOSS OF DATA OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORALSOFTWARE PROGRAMS, OR VIDEO DOES NOT CREATE A WARRANTY UNAVAILABILITY OR INTERRUPTION OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMSOPERATIONS. WE ASSUME NO RESPONSIBILITY LICENSEE IS SOLELY RESPONSIBLE FOR ANY OUTCOME AS A RESULT DETERMINING THE APPROPRIATENESS OF YOUR ACTION USE THE SOFTWARE, THIRD PARTY SOFTWARE OR INACTION BASED ON THE SERVICES, YOUR INTERACTION SERVICES AND ASSUMES ALL RISKS ASSOCIATED 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 SERVICESITS USE.

Warranty and Disclaimer. We shall a) Nikon provides a limited media warranty that the SOFTWARE is recorded on a media that is free from defect in materials and workmanship under normal use reasonable efforts consistent with prevailing industry standards to maintain and conditions for a period of ninety (90) days from the Services in a manner which minimizes errors and interruptions date of delivery of the SOFTWARE as evidenced by the original receipt. During this period, if there is any defect in the Servicesmaterials or workmanship with respect to the media, you may return it to the Nikon authorized dealer who supplied it, together with your original receipt, and such media will be repaired or replaced free of charge. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenanceIf you ship the SOFTWARE to your Nikon authorized dealer, either by Us or by third-party providersyou must pay all postage, or because of other causes beyond Our reasonable controlshipping, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruptiontransportation, insurance, and delivery costs. HOWEVER, WE THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY TO THE DOWNLOADED SOFTWARE. b) THE LIMITED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT WARRANT THAT APPLY IF THE SERVICES WILL DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE UNINTERRUPTED WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR ERROR FREE; NOR DO WE MAKE THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY AS IMPLIED BY LAW ON THE MEDIA, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE RESULTS THAT MAY BE OBTAINED FROM USE DURATION OF THE SERVICESABOVE LIMITED WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONNIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDED. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE SOFTWARE IS PROVIDED “ON AN "AS IS” " BASIS, WITHOUT WARRANTY OF ANY KIND, AND WE NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICAL LY DISCLAIM ALL WARRANTIESANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OR NON-INFRINGEMENT. TO THE SERVICES ARE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT A REPLACEMENT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR PROFESSIONAL SERVICES ANY INDIRECT, CONSEQUENTIAL OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY INFORMATION OR ADVICE YOU RECEIVE FROM USKIND, WHETHER WRITTENLOSS OF PROFITS, ORALBUSINESS INTERRUPTION, OR VIDEO DOES NOT CREATE A WARRANTY OTHERWISE ARISING OUT OF OR RESULTING FROM THE SOFTWARE, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER. d) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL NIKON NOR ANY OF ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE LIABILITY OR RESPONSIBILITY OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMS. WE ASSUME NO RESPONSIBILITY (INCLUDING LIABILITY FOR ANY OUTCOME AS A RESULT OF YOUR ACTION OR INACTION BASED ON THE SERVICES, YOUR INTERACTION WITH US, OUR TRAINING NEGLIGENCE) TO YOU OR ANY MATERIAL PROVIDED OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY USTHE SOFTWARE LICENSED OR FURNISHED BY NIKON OR ANY OF ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. ALTHOUGH WE MAKE EVERY EFFORT TO KEEP OUR SERVICES UP TO DATE AND ACCURATE, WE CANNOT GUARANTEE, AND YOUR STATUTORY RIGHTS ARE NOT RESPONSIBLE FORAFFECTED BY THIS AGREEMENT. e) Nikon hereby reserves the right to modify, ANY DAMAGE OR LOSS RELATED TO THE ACCURACYadapt, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED ON THE SERVICEStranslate or improve the SOFTWARE at any time.

Warranty and Disclaimer. We shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services9.1. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenanceTHE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, either by Us or by third-party providers, or because of other causes beyond Our reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruptionAND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WEBSITE AND CONTENT WILL BE UNINTERRUPTED MEET USER’S REQUIREMENTS OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS THAT THE CONTENT IS ACCURATE OR UP TO DATE. YOU ASSUME ALL RESPONSIBILITY FOR ACCESSING AND USING THE RESULTS THAT MAY BE OBTAINED FROM USE OF WEBSITE AND CONTENT. THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. 9.2. THE PURCHASES OF SERVICES ARE NOT CONDUCTED THROUGH THE WEBSITE AND NOTHING IN THIS WEBSITE CONSTITUTES A REPLACEMENT FOR PROFESSIONAL COMMITMENT OF OURS TO PROVIDE SERVICES TO ANY PERSON OR PROFESSIONAL ADVICEENTITY WHICH VISITS THE WEBSITE. 9.3. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION THE COMPANY DOES NOT WARRANT THAT THE ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ADVICE YOU RECEIVE FROM USERROR FREE, WHETHER WRITTEN, ORALTHAT ALL VULNERABILITIES AND DEFECTS WILL BE DETECTED, OR VIDEO DOES THAT THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL CODE. YOU AGREE THAT WE WILL NOT CREATE A WARRANTY OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMS. WE ASSUME NO RESPONSIBILITY BE HELD RESPONSIBLE FOR ANY OUTCOME CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS A RESULT SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF YOUR ACTION OUR OR INACTION BASED ON THE SERVICES, YOUR INTERACTION WITH US, OUR TRAINING OTHER SERVERS) OR ANY MATERIAL PROVIDED BY USTELECOMMUNICATIONS OR INTERNET PROVIDERS. 9.4. ALTHOUGH WE MAKE EVERY EFFORT TO KEEP OUR SERVICES UP TO DATE AND ACCURATEApplicable law may not allow the exclusion of certain warranties, 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 SERVICESso to that extent such exclusions may not apply.

Warranty and Disclaimer. We 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 SOFTWARE to MITAMIRRI or an authorized reseller) will be, at the sole option of MITAMIRRI and subject to applicable law, to replace the media and/or SOFTWARE or to refund the purchase price and terminate this AGREEMENT. This limited warranty does not cover any modification of the SOFTWARE by you or related issues. MITAMIRRI will provide the technical support and consulting services requested by you in a manner which minimizes errors professional and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us or by third-party providers, or because of other causes beyond Our reasonable controlworkmanlike manner, but We 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 etechnical support and consulting services, MITAMIRRI and its suppliers’ entire liability and your exclusive remedy under this warranty is re-mail performance of any scheduled service disruptionthe services. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE ABOVE LIMITED WARRANTY FOR SOFTWARE, MITAMIRRI AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE; AND MITAMIRRI AND ITS SUPPLIERS SPECIFICALLY DISCLAIM WITH RESPECT TO SOFTWARE AND MAINTENANCE ANY CONDITIONS OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONQUALITY, THE SERVICES ARE PROVIDED “AS IS” AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS, OR ERRORS, AND WE DISCLAIM ALL ANY 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. THE SERVICES ARE SOFTWARE IS NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM USDESIGNED, WHETHER WRITTEN, ORALMANUFACTURED, OR VIDEO DOES NOT CREATE A WARRANTY INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMSWHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. WE YOU ASSUME NO THE RESPONSIBILITY FOR ANY OUTCOME AS A RESULT THE SELECTION OF THE SOFTWARE AND HARDWARE TO ACHIEVE 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 GUARANTEEINTENDED RESULTS, AND ARE NOT RESPONSIBLE FORFOR THE INSTALLATION OF, ANY DAMAGE OR LOSS RELATED TO USE OF, AND RESULTS OBTAINED FROM THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED ON THE SERVICESSOFTWARE AND HARDWARE.

Warranty and Disclaimer. We 4.1 10gen warrants that the Services and Support shall use reasonable efforts be performed in a workmanlike manner consistent with prevailing industry standards reasonably applicable to maintain the performance of such Services and Support. If Customer believes there has been a breach of this warranty, Customer must notify 10gen in writing promptly following delivery of the Services or Support stating in reasonable detail the nature of the alleged breach. If there has been a manner which minimizes errors breach of this warranty, then 10gen’s sole obligation, and interruptions in the Services. Customer’s exclusive remedy, shall be for 10gen to correct or re-perform, at no additional charge, any affected Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenanceSupport to cause them to comply with this warranty. 4.2 EXCEPT AS PROVIDED IN SECTION 4.1 ABOVE, either by Us or by third-party providersTHE SOFTWARE, or because of other causes beyond Our reasonable controlSUPPORT, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVERAND SERVICES INCLUDING ALL UPDATES, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED BUG FIXES, WORK AROUNDS, OR ERROR FREE; NOR 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 SECTIONCORRECTIONS, THE SERVICES ARE PROVIDED TO CUSTOMER “AS AS-IS” AND WE DISCLAIM ALL WARRANTIESWITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, INTEGRATION, NON-INFRINGEMENT. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. , TITLE, PERFORMANCE, AND ACCURACY AND ANY INFORMATION OR ADVICE YOU RECEIVE IMPLIED WARRANTIES ARISING FROM USSTATUTE, WHETHER WRITTENCOURSE OF DEALING, ORALCOURSE OF PERFORMANCE, OR VIDEO DOES NOT CREATE A WARRANTY USAGE OF ANY KIND NOT EXPRESSLY STATED TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, NEITHER THE SOFTWARE NOR THE UPDATES ARE SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THESE TERMS. WE ASSUME NO RESPONSIBILITY FOR ANY OUTCOME AS A RESULT OF YOUR ACTION OR INACTION BASED ON THE SERVICESPLANNING, YOUR INTERACTION WITH USCONSTRUCTION, OUR TRAINING OR ANY MATERIAL PROVIDED BY US. ALTHOUGH WE MAKE EVERY EFFORT TO KEEP OUR SERVICES UP TO DATE AND ACCURATEMAINTENANCE, WE CANNOT GUARANTEE, AND ARE NOT RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESSCONTROL, OR TIMELINESS DIRECT OPERATION OF THE INFORMATION PROVIDED ON THE SERVICESNUCLEAR FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OR DIRECT LIFE SUPPORT SYSTEMS.

Warranty and Disclaimer. We 5.1 GEM warrants that the Services shall use reasonable efforts be performed in a workmanlike manner consistent with prevailing industry standards reasonably applicable to maintain the performance of such Services. If Customer believes there has been a breach of this warranty, Customer must notify GEM in writing promptly following delivery of the Services stating in reasonable detail the nature of the alleged breach. If there has been a manner which minimizes errors breach of this warranty, then GEM’s sole obligation, and interruptions in the Services. Customer’s exclusive remedy, shall be for GEM to correct or re-perform, at no additional charge, any affected Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us or by third-party providers, or because of other causes beyond Our reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. cause them to comply with this warranty. 5.2 EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THIS SECTIONSECTION 5.1 ABOVE, THE SERVICES AND ANY MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, ARE PROVIDED TO CUSTOMER “AS AS-IS” AND WE DISCLAIM ALL WARRANTIESWITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, INTEGRATION, NON-INFRINGEMENT, TITLE, PERFORMANCE, AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, NEITHER THE SERVICES NOR ANY MATERIALS FURNISHED TO CUSTOMER UNDER THIS AGREEMENT ARE NOT A REPLACEMENT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM USUSE IN THE PLANNING, WHETHER WRITTENCONSTRUCTION, ORALMAINTENANCE, CONTROL, OR VIDEO DOES NOT CREATE A WARRANTY DIRECT OPERATION OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMS. WE ASSUME NO RESPONSIBILITY FOR ANY OUTCOME AS A RESULT OF YOUR ACTION NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR INACTION BASED ON THE SERVICESCOMMUNICATION SYSTEMS, 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, COMPLETENESSWEAPONS SYSTEMS, OR TIMELINESS OF THE INFORMATION PROVIDED ON THE SERVICESDIRECT LIFE SUPPORT SYSTEMS.

Warranty and Disclaimer. We VIANOVA shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the ServicesServices 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 Us VIANOVA or by third-party providers, or because of other causes beyond Our VIANOVA’s reasonable control, but We VIANOVA shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO VIANOVA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE 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, . THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM VIANOVA DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE. THE SERVICES ARE NOT A REPLACEMENT MUNICIPALITY IS SOLE AND EXCLUSIVE RESPONSIBLE FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORAL, OR VIDEO 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 ENSURING THAT THE SERVICES, YOUR INTERACTION WITH USMUNICIPALITY PURPOSES, OUR TRAINING OR ANY MATERIAL PROVIDED BY US. ALTHOUGH WE MAKE EVERY EFFORT TO KEEP OUR SERVICES UP TO DATE MUNICIPALITY USE CASES AND ACCURATE, WE CANNOT GUARANTEE, AND ARE NOT RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS AUTHORIZED USERS’ ACTUAL USE OF THE INFORMATION PROVIDED ON THE SERVICESSERVICES COMPLY WITH LAWS AND REGULATIONS TO WHICH IT IS SUBJECT, SUCH AS DATA PROTECTION LAWS, OPEN DATA REGULATIONS, CITY COUNCIL REGULATIONS, TENDER REGULATIONS AND PUBLIC LAW; MUNICIPALITY SHALL HOLD VIANOVA HARMLESS AGAINST ANY CLAIM, SANCTION OR LIABILITY RESULTING THEREFROM.

Warranty and Disclaimer. We 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 ServicesServices 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 Us Service Provider or by third-party providers, or because of other causes beyond Our Service Provider’s reasonable control, but We 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, WE DO SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE 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 SECTIONSECTION 6, THE SERVICES 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 WE DISCLAIM 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-NON- INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM USLOSS OF CUSTOMER’S PRIVACY, WHETHER WRITTENTECHNOLOGY, ORALSOFTWARE, DATA, CONFIDENTIAL INFORMATION, OR VIDEO 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 SERVICESOTHER MATERIALS.

Warranty and Disclaimer. We Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the ServicesServices 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 Us Company or by third-party providers, or because of other causes beyond Our Company’s reasonable control, but We Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE 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, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM 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 TO COMPANY FOR THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM USUNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER WRITTEN, ORAL, OR VIDEO 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 COMPANY HAS BEEN ADVISED OF THE INFORMATION PROVIDED ON THE SERVICESPOSSIBILITY OF SUCH DAMAGES.

Warranty and Disclaimer. We 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 compliance with the Applicable Law (including without limitation laws and regulations related to privacy, intellectual property, consumer protection, obscenity, and defamation). Adastra warrants that any services provided in a Sales Order shall be provided in a competent and workmanlike manner which minimizes errors and interruptions 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 obtained from use of the Adastra Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us or by third-party providers, or because of other causes beyond Our reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO NOT WARRANT THAT EXCEPT FOR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY FOREGOING AND UNLESS OTHERWISE SET FORTH IN THIS SECTIONTHE SLA, THE ADASTRA SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM “AS AVAILABLE” AND 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 NEITHER ADASTRA NOR ITS THIRD PARTY PROVIDERS CONTROLS THE TRANSFER OF DATA OVER THE INTERNET, AND THAT THE SERVICES ARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND INTERNET SEARCH ENGINES. ADASTRA IS NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORAL, OR VIDEO DOES NOT CREATE A WARRANTY OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMS. WE ASSUME NO RESPONSIBILITY RESPONSIBLE FOR ANY OUTCOME AS A RESULT OF YOUR ACTION DELAYS, DELIVERY FAILURES OR INACTION BASED ON THE SERVICESOTHER DAMAGE RESULTING FROM SUCH PROBLEMS. Adastra makes no warranty regarding the quality, YOUR INTERACTION WITH USaccuracy, OUR TRAINING OR ANY MATERIAL PROVIDED BY US. ALTHOUGH WE MAKE EVERY EFFORT TO KEEP OUR SERVICES UP TO DATE AND ACCURATEtimeliness, WE CANNOT GUARANTEEtruthfulness, AND ARE NOT RESPONSIBLE FORcompleteness, ANY DAMAGE OR LOSS RELATED TO THE ACCURACYor reliability of the products and services provided under the Adastra Services (unless otherwise set forth in the SLA), COMPLETENESSDocumentation, OR TIMELINESS OF THE INFORMATION PROVIDED ON THE SERVICESor any Adastra content. 8.2 Each Party represents and warrants to the other Party that: (a) such Party is duly incorporated and validly existing under the laws of the jurisdiction of its incorporation; and the execution, delivery and performance of the Agreement constitutes the legal, valid and binding obligation of such Party; and (b) such Party has all requisite corporate power and financial capacity, and authority to execute, deliver, and perform its obligations under the Agreement.

Warranty and Disclaimer. We shall Vida Network warrants that during each Term it will use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us or by third-party providers, or because of other causes beyond Our reasonable control, but We shall use its commercially reasonable efforts to provide advance notice the Support Services in writing or a professional manner by e-mail of any scheduled service disruptionqualified personnel. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR 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 SECTIONExcept for the foregoing, THE SUPPORT SERVICES ARE PROVIDED “TO COMPANY "AS IS” ," WITHOUT ANY WARRANTIES OF ANY KIND. ADDITIONALLY, NO WARRANTIES CONCERNING THE INSTALLATION, USE, OR PERFORMANCE OF THE SUPPORTED SOFTWARE IS PROVIDED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIDA NETWORK AND WE ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TOTO ANY WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-AND/OR NON- INFRINGEMENT. VIDA NETWORK AND ITS SUPPLIERS DO NOT WARRANT THAT ANY SUPPORTED SOFTWARE OR THE SUPPORT SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES WILL MEET COMPANY'S NEEDS OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION THAT THE OPERATION OF THE SUPPORTED SOFTWARE WILL BE UNINTERRUPTED OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORALERROR-FREE, OR VIDEO DOES NOT CREATE A WARRANTY THAT ALL ERRORS WILL BE CORRECTED AS PART OF THE SUPPORT SERVICES. Company understands and acknowledges that the Supported Software may be used to implement, supplement, or replace telephone systems and telecommunications services, and that in some cases, certain government regulations may apply to their implementation or use; and compliance with such regulations is Company’s sole responsibility. Company understands and acknowledges and that users of the system on which Company controls the Supported Software may attempt to use that system to place emergency calls. Company acknowledges and agrees that: the Supported Software must be properly configured for Company’s system or application; that the nature of the Supported Software and any networks they may operate upon allow many possible configurations; that such configuration may be beyond the scope of the Documentation supplied with the Supported Software; that specialized experience and training may be required to properly configure the Supported Software; and that the proper configuration of the Supported Software is not guaranteed by Vida Network under this Agreement. Company acknowledges and agrees that it is Company’s sole responsibility to ensure that the Supported Software and associated networks and systems are implemented and configured such that emergency calls are properly handled, that any system or application based on the Supported Software complies with all applicable laws and regulations; and that Vida Network has no obligation or liability for performing such services under this Agreement. Company acknowledges and agrees that telephone and telecommunications systems can be complex and must be installed, implemented, and configured by the appropriate technically qualified personnel, and represents that Company or Company’s authorized agents or consultants have the qualifications necessary to properly implement and configure the Supported Software to handle emergency calls, if applicable. Company further acknowledges and agrees that it is Company’s sole and ongoing responsibility to ensure the proper operation of any emergency calling system based on the Supported Software, including, but not limited to: initially and regularly testing the operation of the Supported Software, including testing the operation with emergency services; notifying and training all users of any system on which the Supported Software are installed how to use the system for emergency calls; and notifying such users of any and all limitations of Company’s configuration and implementations of the Supported Software and any network or system the Supported Software is used on or with COMPANY EXPLICITLY RELEASES VIDA NETWORK FROM ANY KIND NOT EXPRESSLY STATED IN THESE TERMS. WE ASSUME NO RESPONSIBILITY FOR ANY OUTCOME AS A RESULT LIABILITY, DUTY, OR OBLIGATION TO ASSIST OR TRAIN COMPANY, ITS USERS, NAMED CONTACTS, OR OTHER PERSONNEL: (A) REGARDING THE PROPER INSTALLATION, CONFIGURATION, OPERATION, OR USE OF YOUR ACTION OR INACTION BASED ON THE SERVICES, YOUR INTERACTION WITH US, OUR TRAINING PRODUCTS OR ANY MATERIAL PROVIDED BY US. ALTHOUGH WE MAKE EVERY EFFORT OTHER SYSTEM OR NETWORK THAT THE SUPPORTED SOFTWARE ARE OR MAY BE USED WITH; OR (B) TO KEEP OUR SERVICES UP TO DATE AND ACCURATEDETERMINE, WE CANNOT GUARANTEEVALIDATE, AND ARE NOT RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESSTEST, OR TIMELINESS ASSURE WHETHER COMPANY’S DESIGNS, INSTALLATIONS, CONFIGURATIONS, IMPLEMENTATIONS, OR PLANNED OR ACTUAL USE OF THE INFORMATION PROVIDED ON SUPPORTED SOFTWARE PROVIDES FOR OR SHOULD PROVIDE FOR THE SERVICESPROPER HANDLING OR ROUTING OF EMERGENCY CALLS; OR (C) TO ENSURE THAT COMPANY’S PLANNED OR ACTUAL USE OF THE SUPPORTED SOFTWARE IS IN COMPLIANCE WITH ANY APPLICABLE LAWS AND REGULATIONS.

Warranty and Disclaimer. We shall use reasonable efforts consistent with prevailing industry standards Manager warrants to maintain Company that the Services in a manner which minimizes errors Manager and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us or by third-party providers, or because of other causes beyond Our reasonable control, but We shall use reasonable Manager's personnel will utilize their best efforts to provide advance notice furnish reasonably required services and that, in writing or by e-mail doing so, they will exercise such skills and diligence as Company might reasonably expect of any scheduled service disruptionindividuals with comparable qualifications employed in similar positions. HOWEVERIN THE EVENT THAT MANAGER FAILS TO MEET ITS WARRANTY OBLIGATIONS AS SET OUT HEREIN OR OTHERWISE FAILS TO MEET ITS OBLIGATIONS UNDER THIS AGREEMENT PURSUANT TO ARTICLE IX HEREOF, WE DO NOT WARRANT THAT COMPANY'S ONLY REMEDIES SHALL BE TO TERMINATE THIS AGREEMENT. THE SERVICES WILL BE UNINTERRUPTED FOREGOING WARRANTY IS MADE TO COMPANY ONLY, AND IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR ERROR FREE; NOR DO WE MAKE IMPLIED (INCLUDING ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICESMERCHANTABILITY OR FITNESS FOR PURPOSE). EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONNO CONSEQUENTIAL DAMAGES, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIESINCIDENTAL DAMAGES OR OTHER INDIRECT OR SPECIAL DAMAGE OR LOSS, EXPRESS OR IMPLIED, INCLUDINGSUCH AS, BUT NOT LIMITED TO, IMPLIED WARRANTIES LOSS OF MERCHANTABILITY PROFITS, LOSS OF GOOD WILL, LOSS OF BUSINESS OPPORTUNITY OR LOSS OF EXECUTIVE OR EMPLOYEE TIME SHALL BE RECOVERABLE BY COMPANY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTARE SPECIFICALLY DISCLAIMED. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. FOREGOING LIMITATIONS OF LIABILITY AND REMEDIES REPLACE ANY INFORMATION OR ADVICE YOU RECEIVE FROM USAND ALL THEORIES OF ACTION, WHETHER WRITTEN, ORAL, OR VIDEO DOES NOT CREATE A WARRANTY CAUSES OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMS. WE ASSUME NO RESPONSIBILITY FOR ANY OUTCOME AS A RESULT OF YOUR ACTION OR INACTION THEORIES OF DAMAGE WHICH MAY OTHERWISE BE BROUGHT BY COMPANY INCLUDING, WITHOUT LIMITATION, ACTIONS BASED ON THE SERVICESSTATUTE, YOUR INTERACTION WITH USCONTRACT, OUR TRAINING BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY 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 SERVICESOTHER TORT THEORY.

Warranty and Disclaimer. We Slingshot shall use reasonable efforts consistent with prevailing industry standards to maintain perform the Services in a manner which minimizes errors professional and interruptions in the Servicesworkmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us or by third-party providers, or because of other causes beyond Our reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE 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 SECTIONAGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM 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 NON-INFRINGEMENTNONINFRINGEMENT 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 A REPLACEMENT FOR PROFESSIONAL GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORALUNINTERRUPTED, OR VIDEO DOES THAT WE WILL CORRECT ALL SERVICE ERRORS, (B) ANY SOFTWARE THAT MAY BE USED AS PART OF THE SERVICE WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA 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 (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 FORFOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. SLINGSHOT IS NOT RESPONSIBLE FOR ANY DAMAGE ERRORS OR LOSS ISSUES RELATED TO THE ACCURACYPERFORMANCE, COMPLETENESSOPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT, YOUR APPLICATIONS, THIRD- PARTY APPLICATIONS, OR TIMELINESS THIRD-PARTY CONTENT. FOR ANY BREACH OF WARRANTY, COMPANY’S EXCLUSIVE REMEDY AND SLINGSHOT’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE INFORMATION PROVIDED ON DEFICIENT SERVICES THAT CAUSED THE SERVICESBREACH 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. We 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 Embarcadero's sole liability for breach of this warranty is that Embarcadero will replace any defective media returned to Embarcadero within the Servicesninety (90)- day warranty period. Services may This warranty does not apply to damages resulting from misuse, abuse or neglect. Any replacement media will be temporarily unavailable warranted as above for scheduled maintenance the remainder of the original warranty period or for unscheduled emergency maintenancetwenty (20) days from the date product is shipped to You, either by Us or by third-party providers, or because of other causes beyond Our reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE 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 SECTIONEXPRESS LIMITED WARRANTY, THE PRODUCT(S) AND SERVICES ARE PROVIDED “"AS IS” " AND WE DISCLAIM WITHOUT WARRANTY OF ANY KIND. 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. THERE IS NO WARRANTY THAT THE PRODUCT OR SERVICES ARE 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 EMBARCADERO MAY NOT A REPLACEMENT FOR PROFESSIONAL SERVICES OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. DISCLAIM ANY INFORMATION OR ADVICE YOU RECEIVE FROM US, WHETHER WRITTEN, ORAL, OR VIDEO DOES NOT CREATE A WARRANTY OF ANY KIND NOT EXPRESSLY STATED IN THESE TERMS. WE ASSUME NO RESPONSIBILITY FOR ANY OUTCOME AS A RESULT MATTER OF YOUR ACTION OR INACTION BASED ON APPLICABLE LAW, THE SERVICESSCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, YOUR INTERACTION WITH US, OUR TRAINING OR ANY MATERIAL PROVIDED BY USSO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ALTHOUGH WE MAKE EVERY EFFORT TO KEEP OUR SERVICES UP TO DATE AND ACCURATE, WE CANNOT GUARANTEETHIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND ARE NOT RESPONSIBLE FORYOU MAY ALSO HAVE OTHER LEGAL RIGHTS, ANY DAMAGE OR LOSS RELATED WHICH VARY FROM STATE TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED ON THE SERVICESSTATE.

Warranty and Disclaimer. We shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the ServicesLIMITED WARRANTY. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us or by third-party providers, or because of other causes beyond Our reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANON AND ITS SUPPLIER PROVIDE THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED SOFTWARE “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS AS TO DESIGN, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION OR NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY AND WE DISCLAIM PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CANON, CANON’S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS NOR ITS DEALERS) ASSUME THE ENTIRE COST OF ALL WARRANTIESNECESSARY SERVICING, EXPRESS REPAIR OR IMPLIEDCORRECTION, INCLUDINGEXCEPT AS COVERED IN ANY SEPARATE SOFTWARE SUPPORT AND MAINTENANCE AGREEMENT AGREED TO BY YOU. Canon, Canon’s subsidiaries and affiliates, their distributors and dealers do not warrant that the functionality of the SoGware will meet your requirements or that the operation of the SoGware will be uninterrupted or error free. LIMITATIONS OF REMEDIES. Canon’s entire liability and your exclusive remedy hereunder shall be the replacement of the medium not meeting the LIMITED WARRANTY set forth above which is returned to Canon’s local sales subsidiary operating in the country of purchase. The LIMITED WARRANTY shall not apply in the event that failure of the medium has resulted from accident, abuse or misapplication of the SoGware and shall not extend to anyone other than the original purchaser of the SoGware. The express terms of this Agreement are in lieu of all warranties, conditions, representations (other than fraudulent representations), undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANON, ITS SUBSIDIARIES AFFILIATES, DISTRIBUTORS NOR ITS DEALERS BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER (WHETHER KNOWN, FORESEEABLE OR OTHERWISE), INCLUDING WITHOUT LIMITATION, ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT. THIS EXCLUSION SHALL APPLY EVEN IF CANON, ITS SUBSIDIDARY, AFFILIATE, DISTRIBUTOR OR DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES LOSS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES DATA OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. OF ANY INFORMATION OR ADVICE YOU RECEIVE FROM USKIND, WHETHER WRITTEN, ORALLOST PROFITS, OR VIDEO DOES NOT CREATE A WARRANTY LOST BUSINESS REVENUE AND REGARDLESS OF WHETHER ANY KIND NOT EXPRESSLY STATED IN THESE TERMSCLAIM FOR SUCH RECOVERY IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE OR TORT (INCLUDING STRICT LIABILITY). WE ASSUME NO RESPONSIBILITY FOR ANY OUTCOME AS A RESULT THIS EXCLUSION OF YOUR ACTION OR INACTION BASED ON DAMAGES SHALL BE EFFECTIVE EVEN IF 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 SOFTWARE FAILS OF THE INFORMATION PROVIDED ON THE SERVICESITS ESSENTIAL PURPOSE.

Warranty and Disclaimer. We shall FIS warrants that the media on which the Work is furnished will be free from defects in materials and Workmanship under normal use reasonable efforts consistent with prevailing industry standards for ninety (90) days from the date of delivery to maintain the Services in a manner which minimizes errors and interruptions you by FIS or FIS's authorized representative or distributor. You must notify FIS of any defect(s) in the Servicesmedia within the ninety (90) day warranty period. Services In the event you find any media to be defective during this ninety (90) day warranty period, FIS's entire liability and your exclusive remedy shall be, at FIS's option, either: ( i ) return of the amount paid by you for the Work; or (ii) replace the Works. This warranty shall not apply if damage to any media has been caused by negligence, accident, improper or unreasonable use, or by any other causes unrelated to defective materials or workmanship. Any replacement media shall be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. The complete risk as to the quality and performance of the Work is with you. Neither FIS, its affiliates nor any of their respective employees, agents or licensors warrant that the functions contained in the Work will meet your requirements or that the operation of the Work will be uninterrupted or error free; nor do they make any warranty as to the results that may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us or by third-party providersobtained from use of the Work, or because of other causes beyond Our reasonable controlas to the accuracy, but We shall use reasonable efforts to provide advance notice in writing reliability or by e-mail content of any scheduled service disruptioninformation contained in the Work. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO WORK AND THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ACCOMPANYING MATERIALS ARE PROVIDED “ON AN 'AS IS” ' BASIS AND WE DISCLAIM THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND NON-INFRINGEMENTINCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL SERVICES NO ORAL OR PROFESSIONAL ADVICE. OUR SERVICES ARE FOR GENERAL INFORMATION ONLY. ANY WRITTEN INFORMATION OR ADVICE YOU RECEIVE FROM USGIVEN BY FIS, WHETHER WRITTENITS DEALERS, ORALDISTRIBUTORS, AGENTS, OR VIDEO DOES NOT EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. THE DURATION 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 IMPLIED WARRANTY SHALL BE LIMITED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS DURATION OF THE INFORMATION PROVIDED ON THE SERVICESLIMITED WARRANTIES SET FORTH HEREIN.