Common use of Warranty and Disclaimer Clause in Contracts

Warranty and Disclaimer. InVue shall use commercially reasonable efforts to maintain the InVue Services in a manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Services in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue or by third-party providers, or because of other causes beyond InVue’s reasonable control, but InVue shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, INVUE DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES ARE PROVIDED “AS IS” AND INVUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to time.

Warranty and Disclaimer. InVue Service Provider shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the InVue Services in a manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Services in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue Service Provider or by third-party providers, or because of other causes beyond InVueService Provider’s reasonable control, but InVue Service Provider shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the Service Level Addendum for SaaS. HOWEVER, INVUE SERVICE PROVIDER DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONSECTION 6, THE INVUE 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 INVUE 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 AND ALL WARRANTIES ARISING FROM COURSE INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF DEALINGCUSTOMER’S PRIVACY, USAGE TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeOTHER MATERIALS.

Warranty and Disclaimer. InVue To the maximum extent permitted by applicable law, the following provisions apply: Jeppesen warrants that the Media, if any, on which the Data is recorded and delivered are free from defects in materials and workmanship under normal use and operation. This limited warranty is effective for a period of sixty (60) days following your receipt of such Media. The limited warranty provided herein is made to You if You (a) have fully paid the required license fee for use of the Data, (b) have fully complied with the terms of this Agreement, and (c) are the original licensed end- user. No warranty is made to any other person or entity. During the warranty period set forth above, Jeppesen will replace any Media which proves defective in materials or workmanship, without charge, on an exchange basis. This is Jeppesen’s entire liability and your sole and exclusive remedy. This remedy shall use commercially reasonable efforts to maintain not apply if the InVue Services in a manner Media on which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Services in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance Data is stored has been damaged by negligence, accident, improper or for unscheduled emergency maintenanceunreasonable use, either by InVue or by third-party providersany other cause unrelated to defective material or workmanship. WITHOUT PREJUDICE TO ANY OTHER LIMITATION OF LIABILITY SPECIFIED HEREINAFTER, or because of other causes beyond InVue’s reasonable control, but InVue shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, INVUE DOES NOT WARRANT THAT JEPPESEN SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICESDATA OR OTHER THINGS PROVIDED HEREUNDER FOR ANY BUSINESS ACTIVITY OF ANY NATURE WHATSOEVER. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES ARE DATA IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT THE DATA IS OF A GENERAL NATURE, AND INVUE DISCLAIMS ALL WARRANTIESTHAT IT MAY NOT BE DESIGNED FOR, ADEQUATE TO, OR CONFORM TO YOUR SPECIFIC NEEDS AND/OR PURPOSES, NOR THAT IT CONFORMS WITH SPECIFIC SAFETY REQUIREMENTS OR GOVERNMENTAL STANDARDS OR REGULATIONS IN YOUR COUNTRY. JEPPESEN MAKES NO EXPRESS OR IMPLIEDIMPLIED WARRANTY, AND DISCLAIMS ANY LIABILITY FOR THE DATA, THE ACCURACY OF THE DATA SOURCE MATERIAL, AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY OR CONFORMANCE WITH ANY GOVERNMENT STANDARDS OR REGULATIONS OF SUCH DATA, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE LIMITED WARRANTIES AND NON-INFRINGEMENT OTHER OBLIGATIONS AND ALL WARRANTIES ARISING FROM COURSE LIABILITIES OF DEALINGJEPPESEN, USAGE OR TRADE PRACTICEAND YOUR REMEDIES SET FORTH IN THIS AGREEMENT, ARE EXCLUSIVE AND IN SUBSTITUTION FOR ANY OTHER RIGHTS, CLAIMS AND REMEDIES YOU WOULD OTHERWISE HAVE AGAINST JEPPESEN WITH RESPECT TO THE DATA, THE MATERIALS AND THE SERVICES PROVIDED HEREUNDER. To Notwithstanding the extent exclusion of warranty for the Data, should You encounter any InVue Equipment is purchased by Customerproblems with the Data or find a suspected error, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time You should report such problem or suspected error to timeJeppesen as soon as reasonably possible.

Warranty and Disclaimer. InVue We shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the InVue Services in a manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Services in a professional and workmanlike mannerServices. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue Us or by third-party providers, or because of other causes beyond InVue’s Our reasonable control, but InVue We shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, INVUE DOES WE DO NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES ARE PROVIDED “AS IS” AND INVUE DISCLAIMS WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT 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 ALL WARRANTIES ARISING FROM COURSE ACCURATE, WE CANNOT GUARANTEE, AND ARE NOT RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF DEALING, USAGE OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeTHE INFORMATION PROVIDED ON THE SERVICES.

Warranty and Disclaimer. InVue shall use commercially reasonable Manager warrants to Company that the Manager and Manager's personnel will utilize their best efforts to maintain the InVue Services furnish reasonably required services and that, in a manner which minimizes errors doing so, they will exercise such skills and interruptions diligence as Company might reasonably expect of individuals with comparable qualifications employed in the InVue Services and shall provide and perform the InVue Services and Other Services in a professional and workmanlike mannersimilar positions. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenanceIN 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, either by InVue or by third-party providersCOMPANY'S ONLY REMEDIES SHALL BE TO TERMINATE THIS AGREEMENT. THE FOREGOING WARRANTY IS MADE TO COMPANY ONLY, or because of other causes beyond InVue’s reasonable controlAND IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, but InVue shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruptionWHETHER WRITTEN, ORAL OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE). HOWEVERNO CONSEQUENTIAL DAMAGES, INVUE DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM INCIDENTAL DAMAGES OR OTHER SERVICESINDIRECT OR SPECIAL DAMAGE OR LOSS, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES ARE PROVIDED “AS IS” AND INVUE DISCLAIMS ALL WARRANTIES, 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 ARE SPECIFICALLY DISCLAIMED. THE FOREGOING LIMITATIONS OF LIABILITY AND NON-INFRINGEMENT REMEDIES REPLACE ANY AND ALL WARRANTIES ARISING FROM COURSE THEORIES OF DEALINGACTION, USAGE CAUSES OF ACTION OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by CustomerTHEORIES OF DAMAGE WHICH MAY OTHERWISE BE BROUGHT BY COMPANY INCLUDING, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/WITHOUT LIMITATION, which may be updated by InVue from time to timeACTIONS BASED ON STATUTE, CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT THEORY.

Warranty and Disclaimer. InVue shall use commercially reasonable efforts 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 maintain 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 InVue Services in a manner which minimizes errors terms of this Agreement; and interruptions in (c) it has taken all necessary corporate action to authorize the InVue Services creation, execution, delivery and shall provide performance of this Agreement, and to observe and perform the InVue 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 and circumstances, the Services and Other Services will operate in a professional and workmanlike mannermaterial conformance with the Documentation. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenanceEXCEPT AS SET FORTH IN THIS SECTION 14, either by InVue 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 InVue’s reasonable controlEXPRESS, but InVue shall use commercially 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, INVUE 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 INVUE SERVICES OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED UNINTERRUPTED, SECURE, OR ERROR FREEFREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SUPPLIER DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL MEET 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 OR OTHER RIGHT THAT SUPPLIER IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. Customer may be invited by Supplier to try beta versions of the Services (“Beta Services”). Customer may need to agree to additional terms for the Beta Services. The Beta Services are provided for evaluation and feedback purposes only and may not be used in a production environment. Customer understands that the beta Services are not generally released and, therefore, are unsupported and may contain bugs, errors, and other issues. The Beta Services are provided on an “AS-IS” basis, without warranty of any kind, and Supplier is not responsible for any problems or issues related to Customer’s use of the Beta Services. The Beta Services may never be generally available, and Supplier may discontinue the Beta Services in its sole discretion at any time for any reason, and Supplier may delete any Customer Content or any other data on the Beta Services without liability to Customer. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUPPLIER AND ITS AFFILIATES BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO CUSTOMER’S REQUIREMENTSACCESS TO OR USE OF, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARECUSTOMER’S INABILITY TO ACCESS OR USE, SYSTEM OR OTHER THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR BE SECUREANY OTHER LEGAL THEORY, ACCURATE, COMPLETE AND FREE WHETHER OR NOT ANY SUPPLIER ENTITY HAS BEEN INFORMED OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS THE POSSIBILITY OF DAMAGE. TO THE RESULTS THAT MAY BE OBTAINED FROM 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 INVUE 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 INVUE SERVICES ARE PROVIDED “AS IS” AND INVUE DISCLAIMS 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 AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeITS ESSENTIAL PURPOSE.

Warranty and Disclaimer. InVue Company shall use commercially reasonable efforts to maintain the InVue Services Software in a manner which minimizes errors and interruptions in the InVue Services Software and shall provide and perform the InVue Services and Other Services in a professional and workmanlike mannermanner with the care, skill, and diligence reasonably expected of a qualified and competent professional in information processing and consulting, experienced in undertaking work of a similar size, scope, value, and purpose to the subject matter of this Agreement. InVue Services Software provided on a “Software as Service” basis may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue Company or by third-party providers, or because of other causes beyond InVueCompany’s reasonable control, but InVue Company shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, INVUE COMPANY DOES NOT WARRANT THAT THE INVUE SERVICES SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE IT MAKE ANY WARRANTY OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICESSOFTWARE. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND INVUE 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 AND ALL WARRANTIES ARISING FROM COURSE OF DEALINGINFRINGEMENT. Company hereby provides a ninety (90) calendar day warranty period for the Software commencing upon delivery. Within such period, USAGE OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by CustomerCompany warrants that, under normal use, the InVue Equipment Software delivery media will be governed by free from defects in materials and workmanship, and that Software will substantially conform to the product requirements and specifications stated in the Statement of Work. During the warranty available at xxxxx://xxxxx.xxx/product-warranty/period, which may Company will address all demonstrated Software anomalies incurred after delivery. All replacements, updates, and/or upgrades made during the original warranty period will be updated by InVue warranted only for the remainder of the original warranty period. In the event the Software does not substantially comply with the warranties set forth in this Section 6, Customer’s remedy shall be either (i) the modification, repair or replacement of the Software; or (ii) termination of this Agreement and a prorated refund to Customer. Under no circumstances does Company warrant that Software will operate uninterrupted or error free. The foregoing warranties are void if failure of a warranted item results directly from time an unauthorized modification to timea warranted item; an unauthorized attempt to repair a warranted item; or misuse of a warranted item, including, without limitation, use of warranted item under materially abnormal operating conditions or without routinely maintaining a warranted item.

Warranty and Disclaimer. InVue Company shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the InVue Services in a manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Implementation Services in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue Company or by third-party providers, or because of other causes beyond InVueCompany’s reasonable control, but InVue Company shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, INVUE COMPANY DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET which case, full payment for invoices issued in any given 3 FORTH IN THIS SECTION, THE INVUE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND INVUE 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 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 WARRANTIES ARISING FROM COURSE OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF DEALING, USAGE OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeTHE POSSIBILITY OF SUCH DAMAGES.

Warranty and Disclaimer. InVue shall use commercially reasonable efforts to maintain Company represents, covenants and warrants that: (i) in connection with the InVue Services performance of the Services, Company will employ a standard of care, skill and diligence consistent with the prevailing professional standards in the industry and in a manner which minimizes errors and interruptions in the InVue 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 provide 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 perform regulations applicable to the InVue Services performance by Company of its obligations under this Agreement. Company hereby agrees to indemnify and Other Services hold harmless Customer against any damages, losses, liabilities, settlements and expenses (including without limitation costs and lawyers’ fees) in a professional and workmanlike manner. InVue 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 InVue Company or by third-party providers, or because of other causes beyond InVueCompany’s reasonable control, but InVue Company shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, INVUE COMPANY DOES NOT WARRANT THAT THE INVUE SERVICES SERVICES, NOR THE SOFTWARE THAT THE COMPANY SUBLICENSES AND WHICH FORMS PART OF THE COMPANY’S SOFTWARE, WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE 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 INVUE SOFTWARE, THE SERVICES AND THE IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND INVUE 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 AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timePURPOSE.

Warranty and Disclaimer. InVue shall use commercially reasonable efforts CITRIX warrants that for a period of ninety (90) days from the date of delivery of the SOFTWARE to maintain you, the InVue Services SOFTWARE will perform substantially in a manner accordance with the PRODUCT documentation published by CITRIX and included with the PRODUCT. CITRIX and its suppliers’ entire liability and your exclusive remedy under this warranty (which minimizes errors is subject to you returning the SOFTWARE to CITRIX or an authorized reseller) will be, at the sole option of CITRIX and interruptions in subject to applicable law, to replace the InVue Services media and/or SOFTWARE or to refund the purchase price and shall terminate this AGREEMENT. This limited warranty does not cover any modification of the SOFTWARE by you or related issues. CITRIX will provide the Saas control plane, technical support and perform the InVue Services and Other Services consulting services requested by you in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue or by third-party providers, or because of other causes beyond InVue’s reasonable control, but InVue shall use commercially reasonable efforts as to provide advance notice technical support and consulting services, CITRIX cannot guarantee that every question or problem raised by you will be resolved or resolved in writing a certain amount of t ime. Citrix does not warrant in any form the results or by eachievements of the technical support or consulting services or related deliverables. With respect to all services, CITRIX and its suppliers’ entire liability and your e xc lusive remedy under this warranty is restoration of or re-mail performance of any scheduled service disruptionthe services. HOWEVERTO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE ABOVE LIMITED WARRANTY, INVUE DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED CITRIX AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR ERROR FREECONDITIONS, WILL MEET CUSTOMER’S REQUIREMENTSEXPRESS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWAREIMPLIED, SYSTEM OR OTHER SERVICESSTATUTORY, OR BE SECUREOTHERWISE; AND CITRIX AND ITS SUPPLIERS SPECIFICALLY DISCLAIM WITH RESPECT TO SOFTWARE AND MAINTENANCE ANY CONDITIONS OF QUALITY, ACCURATEA VAILA BILITY, COMPLETE RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS, OR ERRORS, AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES ARE PROVIDED “AS IS” AND INVUE DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND TITLE, QUIET ENJOYM ENT, QUIET POSSESSION, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE AND NON-INFRINGEMENT HARDWARE TO ACHIEVE YOUR INTENDED RESULTS, AND ALL WARRANTIES ARISING FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeTHE SOFTWARE AND HARDWARE.

Warranty and Disclaimer. InVue shall use commercially reasonable efforts to maintain the InVue Services in a manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Services in a professional and workmanlike mannerTHE COMPANY REPRESENTS AND WARRANTS THAT (I) IT SHALL PROVIDE THE SERVICE USING A COMMERCIALLY REASONABLE LEVEL OF CARE; (II) IT HAS THE RIGHT TO FURNISH TO CUSTOMER THE SERVICE AND OTHER MATERIALS COVERED HEREUNDER FREE OF ALL LIENS, CLAIMS, ENCUMBRANCES AND OTHER RESTRICTIONS; AND (III) THE SERVICE DOES NOT INFRINGE THE INTELLECTUAL PROPERTY AND/OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. InVue Services THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (i) THE USE OF OUR SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA, OR (ii) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue Company or by third-party providers, or because of other causes beyond InVueCompany’s reasonable control, but InVue . Company shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, INVUE DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES ARE PROVIDED “AS IS” AND INVUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to time.

Warranty and Disclaimer. InVue Service Provider shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the InVue Services in a manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Implementation Services in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue Service Provider or by third-party providers, or because of other causes beyond InVueService Provider’s reasonable control, but InVue Service Provider shall use commercially 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, INVUE SERVICE PROVIDER DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND INVUE 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 AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeINFRINGEMENT.

Warranty and Disclaimer. InVue Aurea shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the InVue Services Software in a manner which minimizes errors and interruptions in the InVue Services Software and shall provide and perform the InVue Services and Other Services in a professional and workmanlike manner. InVue Services The Software may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue Aurea or by third-party providers, or because of other causes beyond InVueAurea’s reasonable control, but InVue Aurea shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Customer’s sole remedy for breach of this warranty is set forth as “credits” in the applicable service level addendum for Software. HOWEVER, INVUE XXXXX DOES NOT WARRANT THAT THE INVUE SERVICES SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICESSOFTWARE. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONSECTION 10 (WARRANTY), THE INVUE 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 INVUE 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-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE NON- INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF DEALINGCUSTOMER’S PRIVACY, USAGE TECHNOLOGY, SOFTWARE, DATA, CONFIDENTIAL INFORMATION, OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeOTHER MATERIALS.

Warranty and Disclaimer. InVue Idaero warrants for a period of ninety (90) days after Licensee initially receives the Software (the "Warranty Period") that the Software will perform under normal use substantially as described in the then current Documentation. Supplier software provided to Licensee shall use commercially reasonable efforts to maintain be warranted as stated by the InVue Services Supplier. Copies of the Suppliers' terms and conditions of warranty are available on the Idaero Support website. Support services shall be provided in a manner which minimizes errors workmanlike and interruptions professional manner, in accordance with the InVue Services prevailing standard of care for consulting support engineers at the time and place the services are performed. Xxxxxxxx's exclusive remedy and Idaero's sole liability for Software that does not meet the warranty set forth in this Section 6 shall provide and perform the InVue Services and Other Services in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenancebe, at Idaero's option, either by InVue (i) to correct the nonconforming Software within a reasonable time so that it conforms to the warranty; or by third-party providers(ii) to terminate this Agreement and refund to Licensee the license fees that Licensee has paid for the then current term for the nonconforming Software; provided, however that Licensee promptly notifies Idaero of the problem in writing within the applicable Warranty Period when the problem first occurs. Any corrected Software shall be warranted in accordance with Section 6 for ninety (90) days after delivery to Licensee. The warranties hereunder are void if the Software has been improperly installed, misused, or because if Licensee has materially violated the terms of other causes beyond InVue’s reasonable control, but InVue shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruptionthis Agreement. HOWEVER, INVUE IDAERO DOES NOT REPRESENT OR WARRANT THAT THE INVUE SERVICES PRODUCTS WILL MEET LICENSEE'S REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, OR THAT THE PRODUCTS WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE . IDAERO EXCLUDES AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES ARE PROVIDED “AS IS” AND INVUE DISCLAIMS ALL WARRANTIESEXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT INFRINGEMENT. THE ENTIRE RISK FOR THE PERFORMANCE, NON-PERFORMANCE OR RESULTS OBTAINED FROM USE OF THE PRODUCTS RESTS WITH LICENSEE AND ALL NOT IDAERO. IDAERO MAKES NO WARRANTIES ARISING FROM COURSE WITH RESPECT TO THE ACCURACY, COMPLETENESS, FUNCTIONALITY, SAFETY, PERFORMANCE, OR ANY OTHER ASPECT OF DEALINGANY DESIGN, USAGE PROTOTYPE OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeFINAL PRODUCT DEVELOPED BY LICENSEE USING THE PRODUCTS.

Warranty and Disclaimer. InVue shall use commercially reasonable efforts to maintain Developer warrants the InVue Services Developer’s Work will be performed in a workmanlike manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Services in a professional and workmanlike mannerconformity with generally prevailing industry standards. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue or by third-party providers, or because of other causes beyond InVue’s reasonable control, but InVue shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, INVUE DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES ARE PROVIDED “AS IS” AND INVUE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ALL WARRANTIES ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. Limitation of Liability NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE TO ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS. DATA OR ANY OTHER LOSS) INCURRED OR SUFFERED BY THE OTHER ARISING FROM COURSE AS A RESULT OF DEALINGOR RELATED TO THE PERFORMANCE OF DEVELOPER’S WORK, USAGE WHETHER IN CONTRACT, TORT OR TRADE PRACTICEOTHERWISE, EVEN IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. To Relation of Parties The performance by Developer of its duties and obligations under this Agreement will be that of an independent contractor, and nothing in this agreement will create or imply an agency relationship between Developer and Client. Arbitration and Mediation Except as described in Paragraph 2, if any dispute arises under the extent any InVue Equipment is purchased by Customerterms of this Agreement, the InVue Equipment will parties agree to select a mutually agreeable neutral third party to help them mediate it. If the mediation is unsuccessful, the parties agree that the dispute shall be governed decided by binding arbitration under the rules issued by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may American Arbitration Association. The decision of the arbitrator shall be updated final. Costs and fees (other than attorneys fees) associated with the mediation or arbitration shall be shared equally by InVue from time to timethe parties. Each party shall be responsible for its attorneys’ fees associated with arbitration.

Warranty and Disclaimer. InVue shall FIS warrants that the media on which the Work is furnished will be free from defects in materials and Workmanship under normal use commercially reasonable efforts for ninety (90) days from the date of delivery to maintain the InVue 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 InVue Services media within the ninety (90) day warranty period. 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 provide 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 perform performance of the InVue Services and Other Services Work is with you. Neither FIS, its affiliates nor any of their respective employees, agents or licensors warrant that the functions contained in a professional and workmanlike manner. InVue Services 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 InVue or by third-party providersobtained from use of the Work, or because of other causes beyond InVue’s reasonable controlas to the accuracy, but InVue shall use commercially reasonable efforts to provide advance notice in writing reliability or by e-mail content of any scheduled service disruptioninformation contained in the Work. HOWEVER, INVUE DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES ACCOMPANYING MATERIALS ARE PROVIDED “ON AN 'AS IS” ' BASIS AND INVUE DISCLAIMS 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-INFRINGEMENT AND ALL INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FIS, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. THE DURATION OF ANY IMPLIED WARRANTY SHALL BE LIMITED TO THE DURATION OF THE LIMITED WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeSET FORTH HEREIN.

Warranty and Disclaimer. InVue shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the InVue Services in a manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Services in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue or by third-party providers, or because of other causes beyond InVue’s reasonable control, but InVue shall use commercially reasonable efforts to provide advance notice in writing or by e-e- mail of any scheduled service disruption. HOWEVER, INVUE DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES ARE PROVIDED “AS IS” AND INVUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICEINFRINGEMENT. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/xxxxx://xxxxx.xxx/product- warranty/, which may be updated by InVue from time to time.

Warranty and Disclaimer. InVue shall use commercially reasonable efforts to maintain the InVue Services in a manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Services in a professional and workmanlike manner. InVue Certain Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue Hub Group or by third-party providersProviders, or because of other causes beyond InVueHub Group’s reasonable control, but InVue . Hub Group shall use commercially 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, INVUE Hub Group DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICESSERVICES OR THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES ARE PROVIDED “AS IS” AND INVUE 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 PURPOSE, AND ALL WARRANTIES ARISING IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeOF TRADE.

Warranty and Disclaimer. InVue Fable shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the InVue Services in a manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Services in a professional and workmanlike mannerServices. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue Fable or by third-party providers, or because of other causes beyond InVueFable’s reasonable control, but InVue Fable shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, INVUE XXXXX DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES ARE PROVIDED “AS IS” AND INVUE FABLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALINGINFRINGEMENT. Indemnity Fable shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, USAGE OR TRADE PRACTICEprovided Xxxxx is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Fable will not be responsible for any settlement it does not approve in writing. To The foregoing obligations do not apply with respect to portions or components of the extent any InVue Equipment Service (i) not supplied by Fable, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Fable, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is purchased by Customernot strictly in accordance with this Agreement. If, due to a claim of infringement, the InVue Equipment will Services are held by a court of competent jurisdiction to be governed or are believed by Fable to be infringing, Fable may, at its option and expense (a) replace or modify the product warranty available at xxxxx://xxxxx.xxx/product-warranty/Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, which may be updated by InVue from time (b) obtain for Customer a license to timecontinue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service.

Warranty and Disclaimer. InVue shall use commercially reasonable efforts to maintain Sourcefire warrants that, for a period of ninety (90) days from the InVue Services in a manner which minimizes errors and interruptions date of initial shipment of the Appliance or, in the InVue Services and shall provide and case of Sourcefire Software separately provided to You, the date the Sourcefire Software is made available to You for download or delivered on a fixed media (as the case may be, the “Software Warranty Period”), the unmodified Sourcefire Software will, under normal use, substantially perform the InVue Services functions described in its Documentation. Sourcefire also warrants that for a period of one (1) year from the date of initial shipment of a new Appliance (the “Hardware Warranty Period”) that the unmodified Hardware comprising such Appliance will, under normal use, be free of substantial defects in materials and Other Services workmanship. Neither of the aforementioned warranties apply if the Sourcefire Software or Appliance (i) has been altered, except by Sourcefire or its authorized representative; (ii) has not been installed, operated, repaired or maintained in accordance with the Documentation and/or instructions supplied by Sourcefire; (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence or accident by You; or (iv) is licensed for beta, evaluation, t esting or demonstration purposes. If a professional court of competent jurisdiction determines that the statutory warranty periods of such jurisdiction apply rather than the Software Warranty Period and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenanceHardware Warranty Periods referenced above, either by InVue or by third-party providers, or because then such statutory warranty periods will c ontrol only in the event of other causes beyond InVue’s reasonable control, but InVue shall use commercially reasonable efforts to provide advance notice in writing or by e-mail a conflict with the terms of any scheduled service disruption. HOWEVER, INVUE DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICESthis Section 10. EXCEPT AS EXPRESSLY SET FORTH WARRANTED IN THIS SECTIONSECTION 10, THE INVUE SERVICES SOURCEFIRE PRODUCTS (INCLUDING, ANY EVALUATION AND BETA PRODUCTS), AND ANY OTHER DOCUMENTATION, MATERIALS AND/OR DATA PROVIDED BY SOURCEFIRE ARE PROVIDED “AS IS” AND INVUE “WITH ALL FAULTS,” AND SOURCEFIRE EXPRESSLY DISCLAIMS ALL WARRANTIESOTHER WARRANTIES OF ANY KIND OR NATURE, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE,OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. THE SOURCEFIRE PRODUCTS ARE NOT FAULT-TOLERANT AND NONARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-INFRINGEMENT AND ALL WARRANTIES ARISING FROM SAFE PERFORMANCE OR OPERATION. SOURCEFIRE PRODUCTS ARE NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, PHYSICAL INJURY OR PROPERTY DAMAGE. NO WARRANTY IS MADE BY SOURCEFIRE ON THE BASIS OF TRADE USAGE, COURSE OF DEALINGDEALING OR COURSE OF TRADE. SOURCEFIRE DOES NOT WARRANT THAT THE APPLIANCE, USAGE THE LICENSED MATERIALS OR TRADE PRACTICEANY OTHER INFORMATION, MATERIALS, DOCUMENTATION OR TECHNOLOGY PROVIDED UNDER THIS AGREEMENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. To YOU ACKNOWLEDGE THAT SOURCEFIRE’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR YOUR BENEFIT ONLY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ANY THIRD PARTY PRODUCTS ARE PROVIDED ”AS IS” WITHOUT ANY WARRANTY WHATSOEVER. Sourcefire’s obligation and liability, and Your remedy under the extent any InVue Equipment warranties set forth in Section 10 shall be for Sourcefire to use commercially reasonable efforts to remedy the problem, or to replace the defective Hardware and/or the Sourcefire Software, if Sourcefire is purchased notified in writing of all warranty problems during the applicable warranty period. If the non-conforming item(s) covered by Customerthis warranty cannot be remedied by repair or replacement, Contractor shall refund the fee associated with the non-conforming item(s). In event of a breach of warranty, the InVue Equipment will be governed by U.S. Government reserves all rights and remedies under the product warranty available at xxxxx://xxxxx.xxx/product-warranty/contract, which may be updated by InVue from time to timethe Federal Acquisition Regulations, and the Contract Disputes Act, 41 U.S.C. §7101-7109.”

Warranty and Disclaimer. InVue shall use commercially reasonable efforts Isis Forensics warrants that for a period of thirty (30) days from the date of delivery of the licence key for the Software to maintain you, the InVue Services Software will perform substantially in a manner accordance with the Documentation. Isis Forensics and its authorised resellers and distributors’ entire liability and your exclusive remedy under this warranty (which minimizes errors is subject to you deleting all copies of the Software within your possession and interruptions in the InVue Services control and shall provide and perform the InVue Services and Other Services in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue or by third-party providers, or because of other causes beyond InVue’s reasonable control, but InVue shall use commercially reasonable efforts to provide advance notice certifying in writing to Isis Forensics or an authorised reseller that you have done so) will be, at the sole option of Isis Forensics and subject to applicable law, to replace the Software or to refund the licence fees paid and terminate this Agreement. This limited warranty will not apply unless: (i) the Software has been properly installed and used at all times in accordance with the Documentation; (ii) no modification, deletion or addition has been made other than by eIsis Forensics and (iii) Isis Forensics receives written notice of the non-mail of any scheduled service disruptionconformity within the warranty period. HOWEVER, INVUE DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONABOVE LIMITED WARRANTY, THE INVUE SERVICES ARE SOFTWARE IS PROVIDED “AS IS” AND INVUE DISCLAIMS “WITH ALL WARRANTIESFAULTS” AND ISIS FORENSICS AND ITS LICENSORS MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. ISIS FORENSICS CANNOT GUARANTEE AND NONDOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-INFRINGEMENT AND FREE, OR THAT ALL WARRANTIES ARISING FROM COURSE ERRORS CAN BE CORRECTED. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF DEALINGWHICH COULD LEAD DIRECTLY TO DEATH, USAGE PERSONAL INJURY, OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeSEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Warranty and Disclaimer. InVue Company shall use commercially reasonable efforts consistent with prevailing industry standards to perform or maintain the InVue Services in a manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Services in a professional and workmanlike mannerServices. InVue Certain Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue Company or by third-party providers, or because of other causes beyond InVueCompany’s reasonable control. However, but InVue 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 commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, INVUE DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICESthe Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES ARE PROVIDED “AS IS” AND INVUE 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-INFRINGEMENT MACHINE TRANSLATION SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, CUSTOMER ACKNOWLEDGES THAT COMPANY DOES NOT WARRANT ACCESS TO THE TRANSLATED WEBSITES AND ALL WARRANTIES ARISING FROM COURSE WE DO NOT WARRANT THAT TRANSLATED CONTENT WILL BE UNINTERRUPTED, WITHOUT DEFECT AND ERROR, ABSOLUTELY SECURE, OR WITHOUT INFILTRATION OR COMPROMISE OF DEALING, USAGE OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeSECURITY SYSTEMS.

Warranty and Disclaimer. InVue shall use commercially reasonable efforts MITAMIRRI warrants that for a period of ninety (60) days from the date of delivery of the SOFTWARE to maintain you, the InVue Services SOFTWARE will perform substantially in a manner accordance with 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 minimizes errors is subject to you returning the SOFTWARE to MITAMIRRI or an authorized reseller) will be, at the sole option of MITAMIRRI and interruptions in subject to applicable law, to replace the InVue Services media and/or SOFTWARE or to refund the purchase price and shall 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 perform the InVue Services and Other Services consulting services requested by you in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue or by third-party providers, or because of other causes beyond InVue’s reasonable control, but InVue shall use commercially 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, INVUE DOES NOT WARRANT THAT TO THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE ABOVE LIMITED WARRANTY FOR SOFTWARE, SYSTEM MITAMIRRI AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR OTHER SERVICESCONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR BE SECUREOTHERWISE; AND MITAMIRRI AND ITS SUPPLIERS SPECIFICALLY DISCLAIM WITH RESPECT TO SOFTWARE AND MAINTENANCE ANY CONDITIONS OF QUALITY, ACCURATEAVAILABILITY, COMPLETE RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS, OR ERRORS, AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES ARE PROVIDED “AS IS” AND INVUE DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND TITLE, QUIET ENJOYMENT, QUIET POSSESSION, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE AND NON-INFRINGEMENT HARDWARE TO ACHIEVE YOUR INTENDED RESULTS, AND ALL WARRANTIES ARISING FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeTHE SOFTWARE AND HARDWARE.

Warranty and Disclaimer. InVue shall use commercially reasonable efforts to maintain Vendor warrants that, as of the InVue Services in a manner date on which minimizes errors the Software is purchased and interruptions for sixty (60) days thereafter (“Warranty Period”), the Software will provide the general features and functions described in the InVue Services Documentation in effect on the date of purchase. Vendor's entire liability and shall provide and perform your exclusive remedy during the InVue Services and Other Services in a professional and workmanlike manner. InVue Services may Warranty Period (“Limited Warranty”) will be, with the exception of any statutory warranty or remedy that cannot be temporarily unavailable for scheduled maintenance excluded or for unscheduled emergency maintenancelimited under law, either by InVue at Vendor's option, (i) to attempt to correct or by third-party providerswork around errors, if any, or because (ii) to refund the license fees, if any, paid by you and terminate this Agreement or the license specific to such Software. Such refund is subject to the discontinuance of other causes beyond InVue’s reasonable controlthe use of the Software, but InVue shall use commercially reasonable efforts to provide advance notice in writing or deactivation of the license key per instructions provided by e-mail Vendor, destroying all printed copies and deleting all electronic copies of any scheduled service disruptiondocumentation that you have downloaded, printed, or created relating to the Software, and ensuring that no copies of any of the Software screens, data, or other content remain archived or otherwise stored on your computers, during the Warranty Period, and providing declaration of same to Vendor. HOWEVER, INVUE DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY LIMITED WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONSECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL LEGAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. VENDOR DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE INVUE SERVICES ARE PROVIDED “AS IS” VENDOR EXPRESSLY DISCLAIMS ANY AND INVUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ALL PURPOSE, AS WELL AS ANY WARRANTIES ARISING ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALINGDEALING BETWEEN THE PARTIES. VENDOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, USAGE VENDOR DOES NOT WARRANT OR TRADE PRACTICEGUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SOFTWARE AT ALL TIMES. To the extent any InVue Equipment is purchased by CustomerYOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/AS WELL AS MAINTENANCE, which may be updated by InVue from time to time.DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE

Warranty and Disclaimer. InVue shall 8.1 Customer represents, covenants, and warrants that Customer will use commercially reasonable efforts to maintain the InVue Adastra Services in a manner which minimizes errors compliance with the Applicable Law (including without limitation laws and interruptions in the InVue Services regulations related to privacy, intellectual property, consumer protection, obscenity, and shall provide and perform the InVue Services and Other Services defamation). Adastra warrants that any services provided in a professional Sales Order shall be provided in a competent and workmanlike mannermanner in accordance with industry standards. InVue Except as provided herein, ADASTRA MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARDS TO THE ADASTRA SERVICES, DOCUMENTATION, CONSULTATION, OR ANY ADASTRA CONTENT. Adastra does not warrant that the Adastra Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue or by third-party providers, or because obtained from use of other causes beyond InVue’s reasonable control, but InVue shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, INVUE DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICESthe Adastra Services. EXCEPT AS EXPRESSLY FOR THE FOREGOING AND UNLESS OTHERWISE SET FORTH IN THIS SECTIONTHE SLA, THE INVUE ADASTRA SERVICES ARE PROVIDED “AS IS” AND INVUE “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-INFRINGEMENT NONINFRINGEMENT. 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 ALL WARRANTIES ARISING 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 MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND INTERNET SEARCH ENGINES. ADASTRA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM COURSE OF DEALINGSUCH PROBLEMS. Adastra makes no warranty regarding the quality, USAGE OR TRADE PRACTICE. To accuracy, timeliness, truthfulness, completeness, or reliability of the extent products and services provided under the Adastra Services (unless otherwise set forth in the SLA), Documentation, or any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeAdastra content.

Warranty and Disclaimer. InVue Company shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the InVue Services in a manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Implementation Services in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue Company or by third-party providers, or because of other causes beyond InVueCompany’s reasonable control, but InVue Company shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, INVUE COMPANY DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE INVUE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND INVUE 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 NON- INFRINGEMENT. LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING TO THE CONTRARY, COMPANY, THE COMPANY’S OFFICERS, AND ALL WARRANTIES ARISING FROM COURSE THE COMPANY’S EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF DEALINGTHIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, USAGE NEGLIGENCE, STRICT LIABILITY OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by CustomerOTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to time.SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS;

Warranty and Disclaimer. InVue Company shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the InVue 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 InVue Services and shall provide Platform and perform the InVue Services and Other Services in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue Company or by third-party providers, or because of other causes beyond InVueCompany’s reasonable control, but InVue Company shall use commercially reasonable efforts to provide advance notice in writing or by e-mail (to the extent possible) of any scheduled service disruption. HOWEVER, INVUE COMPANY DOES NOT WARRANT THAT THE INVUE SERVICES (INCLUDING IMPLEMENTATION SERVICES) WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE 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 INVUE SERVICES ARE PROVIDED “AS IS” AND INVUE 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-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeNON- INFRINGEMENT.

Warranty and Disclaimer. InVue shall Vida Network warrants that during each Term it will use commercially reasonable efforts to maintain the InVue Services in a manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Services in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue or by third-party providers, or because of other causes beyond InVue’s reasonable control, but InVue 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, INVUE DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONExcept for the foregoing, THE INVUE 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 INVUE DISCLAIMS 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/OR NON- INFRINGEMENT. VIDA NETWORK AND NONITS SUPPLIERS DO NOT WARRANT THAT ANY SUPPORTED SOFTWARE OR THE SUPPORT SERVICES WILL MEET COMPANY'S NEEDS OR THAT THE OPERATION OF THE SUPPORTED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-INFRINGEMENT AND FREE, OR THAT ALL WARRANTIES ARISING FROM COURSE ERRORS WILL BE CORRECTED AS PART OF DEALINGTHE SUPPORT SERVICES. 8 EMERGENCY CALLS Company understands and acknowledges that the Supported Software may be used to implement, USAGE OR TRADE PRACTICEsupplement, 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. To Company understands and acknowledges and that users of the extent 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 InVue Equipment 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 purchased not guaranteed by CustomerVida 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 InVue Equipment will 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 governed complex and must be installed, implemented, and configured by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/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 may be updated by InVue from time the Supported Software are installed how to timeuse 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 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 THE PRODUCTS OR ANY OTHER SYSTEM OR NETWORK THAT THE SUPPORTED SOFTWARE ARE OR MAY BE USED WITH; OR (B) TO DETERMINE, VALIDATE, TEST, OR ASSURE WHETHER COMPANY’S DESIGNS, INSTALLATIONS, CONFIGURATIONS, IMPLEMENTATIONS, OR PLANNED OR ACTUAL USE OF THE SUPPORTED SOFTWARE PROVIDES FOR OR SHOULD PROVIDE FOR THE PROPER 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. InVue VIANOVA shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the InVue Services in a manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Implementation Services in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue VIANOVA or by third-party providers, or because of other causes beyond InVueVIANOVA’s reasonable control, but InVue VIANOVA shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, INVUE VIANOVA DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODE; NOR DOES INVUE IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, . THE INVUE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND INVUE DISCLAIMS 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 PURPOSE. THE MUNICIPALITY IS SOLE AND NON-INFRINGEMENT EXCLUSIVE RESPONSIBLE FOR ENSURING THAT THE SERVICES, MUNICIPALITY PURPOSES, MUNICIPALITY USE CASES AND ALL WARRANTIES ARISING FROM COURSE AUTHORIZED USERS’ ACTUAL USE OF DEALINGTHE SERVICES COMPLY WITH LAWS AND REGULATIONS TO WHICH IT IS SUBJECT, USAGE 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 TRADE PRACTICE. To the extent any InVue Equipment is purchased by Customer, the InVue Equipment will be governed by the product warranty available at xxxxx://xxxxx.xxx/product-warranty/, which may be updated by InVue from time to timeLIABILITY RESULTING THEREFROM.

Warranty and Disclaimer. InVue Company shall use commercially reasonable best efforts consistent with prevailing industry standards to maintain the InVue Services in a manner which minimizes errors and interruptions in the InVue Services and shall provide and perform the InVue Services and Other Implementation Services in a professional and workmanlike manner. InVue Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by InVue Company or by third-party providers, or because of other causes beyond InVueCompany’s reasonable control, but InVue Company shall use commercially reasonable efforts to provide advance reasonable notice in writing or by e-mail of any scheduled service disruption. HOWEVERHowever, INVUE DOES NOT WARRANT THAT THE INVUE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET CUSTOMER’S REQUIREMENTS, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE AND FREE OF HARMFUL CODECompany does not warrant that the Services will be uninterrupted or error free; NOR DOES INVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INVUE 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 INVUE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND INVUE 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 AND ALL WARRANTIES ARISING FROM COURSE OF DEALINGINFRINGEMENT. INDEMNITY Company shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, USAGE OR TRADE PRACTICEprovided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing. To The foregoing obligations do not apply with respect to portions or components of the extent any InVue Equipment is purchased Service (i) not supplied by CustomerCompany, (ii) made in whole or in part in accordance with Customer specifications where the alleged infringement relates to such specification, (iii) that are modified after delivery by Company where the alleged infringement relates to such modification, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement,. If, due to a claim of infringement, the InVue Equipment will Services are held by a court of competent jurisdiction to be governed or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the product warranty available at xxxxx://xxxxx.xxx/product-warranty/Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, which may be updated by InVue from time (b) obtain for Customer a license to time.continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder. LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, BREACH OF CONFIDENTIALITY, DAMAGE CAUSED BY GROSS NEGLIGENCE OF WILFUL MISCONDUCT, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND 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;