Common use of Warranty and Disclaimers Clause in Contracts

Warranty and Disclaimers. COMPANY warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) the Content will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Content). General Disclaimers and Limitation of Liability COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE CONTENT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENT. THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY IN THIS AGREEMENT APPLY ONLY TO THE CONTENT AS DELIVERED BY COMPANY AND WILL BE INVALID IF THE CONTENT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Warranty and Disclaimers. COMPANY warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) the Content will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Content). General Disclaimers and Limitation of Liability COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE CONTENT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENT. THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY IN THIS AGREEMENT APPLY ONLY TO THE CONTENT AS DELIVERED BY COMPANY AND WILL BE INVALID IF THE CONTENT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Warranty and Disclaimers. COMPANY Each party represents and warrants that: to the other that (ia) it has all necessary rights right, power and authority ability to enter into execute this Agreement and to perform its obligations therein, (b) no authorization or approval from any third party is required in connection with such party’s execution, deliver or performance of this Agreement; , (c) this Agreement constitutes a legal, valid and binding obligation, enforceable against it in accordance with its terms, and (iid) the Content will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a party’s obligations under this Agreement do not violate any law or breach of this warranty being the replacement of the Content)any other agreement to which such party is bound. General Disclaimers and Limitation of Liability COMPANY MAKES NO OTHER THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES. BRIDGEPAY DOES NOT REPRESENT OR WARRANT THE PRODUCTS AND SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, COMPLETE OR ENTIRELY ERROR-FREE. CLIENT MAY NOT RELY ON ANY REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS AND SERVICES BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS. BRIDGEPAY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WHETHER EXPRESS OR IMPLIED, REGARDING ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE WITH RESPECT TO THE CONTENT, PRODUCTS AND SERVICES. CLIENT UNDERSTANDS AND AGREES THAT BRIDGEPAY SHALL BEAR NO RISK WITH RESPECT TO CLIENT’S SALE OF ITS PRODUCTS OR SERVICES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY RISK ASSOCIATED WITH CREDIT CARD FRAUD OR FITNESS FOR A PARTICULAR PURPOSECHARGEBACKS. COMPANY SHALL NOT BRIDGEPAY MAKES NO WARRANTY THAT THE PRODUCTS AND SERVICES WILL MEET CLIENT’S REQUIREMENTS, NOR DOES BRIDGEPAY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S OBTAINED FROM THE USE OF THE CONTENT PRODUCTS AND SERVICES OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENT. THE REPRESENTATIONS PRODUCTS AND WARRANTIES MADE BY COMPANY IN THIS AGREEMENT APPLY ONLY TO THE CONTENT AS DELIVERED BY COMPANY AND WILL BE INVALID IF THE CONTENT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWSSERVICES.

Warranty and Disclaimers. COMPANY warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) the Content will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Content)UNLESS OTHERWISE DISALLOWED BY LAW, SOCKET MOBILE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS, WITHOUT TRAINING, MAINTENANCE, OR SERVICE OBLIGATIONS WHATSOEVER, AND WITHOUT WARRANTY OF ANY KIND. General Disclaimers and Limitation of Liability COMPANY MAKES NO OTHER TO THE EXTENT PERMITTED BY APPLICABLE LAW, SOCKET MOBILE HERBY DISCLAIMS ALL WARRANTIES, EXPRESS CONDITIONS, REPRESENTATIONS, OR TERMS OF ANY KIND WITH RESPECT TO SOCKET MOBILE SOFTWARE OR ANY COMPONENT THEREOF, EITHER EXPRESS, IMPLIED, REGARDING OR STATUORY, INCLUDING BUT NOT LIMITED TO THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, NON- INTERFERENCE, WHETHER IMPOSED BY LAW, CONTRACT, STATUTE, OR AS A RESULT OF A COURSE OF DEALING, CUSTOM, USAGE, OR OTHERWISE.. SOCKET MOBILE DOES NOT WARRANT THAT SOCKET MOBILE SOFTWARE WILL MEET YOUR REQUIREMENTS OR YOUR NEEDS; SOCKET MOBILE SOFTWARE IS OR WILL BE ERROR OR DEFECT FREE, FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES, ACCURATE, OR COMPLETE; SOCKET MOBILE SOFTWARE WILL BE ACCESSIBLE PERMANENTLY OR UNINTERRUPTED; USE OF SOCKET MOBILE SOFTWARE WILL NOT CAUSE DATA LOSS; ANY OR ALL ERRORS, DEFECTS, OR NONCONFORMITIES WILL BE CORRECTED; AND THE PERFORMANCE OR RESULT YOU MAY OBTAIN USING SOCKET MOBILE SOFTWARE. COMPANY SHALL NOT BE LIABLE TO LICENSEE NO SUCH WARRANTY IS IMPLIED FROM ANY DESCRIPTION OF SOCKET MOBILE SOFTWARE, ANY AVAILABLE DOCUMENTATION, ANY ORAL OR WRITTEN COMMUNICATION, OR ANY OTHER PERSON COMMUNICATION OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S ADVERTISEMENT. YOU EXPRESSLY AGREE THAT USE OF SOCKET MOBILE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE CONTENT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, ENTIRE RISK AS TO THE EXTENT PERMITTED BY LAWSATISFACTORY QUALITY, BE LIMITED TO THE VALUE PERFORMANCE, ACCURACY, AND EFFORT OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENTSOCKET MOBILE SOFTWARE IS WITH YOU. THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY IN THIS AGREEMENT APPLY ONLY TO THE CONTENT AS DELIVERED BY COMPANY AND WILL BE INVALID IF THE CONTENT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENTSocket Mobile is under no obligation to indemnify, hold harmless, and defend You and Your successors, and assigns, and their directors, officers, employees, independent contractors and agents from any and all claims, causes of actions, lawsuits, proceedings, or any other actions, whether imposed by contract, law, statute, as a result of a course of dealing, custom, usage, or otherwise for any liabilities, damages, or losses (“Damages/Losses”). YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWSDamages/Loss shall mean any liabilities, damages or losses that include but are not limited to direct, indirect, incidental, special, consequential, or exemplary damages resulting from loss of profits, savings, income, business opportunity, or goodwill, loss of data, personal injury, property damage, environmental damage, expenses, costs, attorneys’ fees, court and other costs and expenses. All warranty claims are subject to the limitation of liability provision herein in this Agreement.

Warranty and Disclaimers. COMPANY warrants that: INTERMAP WARRANTS FOR SIXTY (i60) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) the Content will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Content)DAYS AFTER THE DELIVERY OF THE PRODUCTS THAT THE DATA DELIVERED WILL BE OF THE AREA OF INTEREST ORDERED AND THE MEDIA USED TO CARRY THE DATA WILL BE FREE FROM MATERIAL PHYSICAL DEFECTS. General Disclaimers and Limitation of Liability COMPANY MAKES NO OTHER WARRANTIESLICENSEE’S SOLE REMEDY ANDINTERMAP’S SOLE OBLIGATION UNDER THIS LIMITED WARRANTY SHALL BE FOR LICENSEE TO RETURN THE DEFECTIVE MEDIA TO INTERMAP WITHIN THE WARRANTY PERIOD, EXPRESS OR IMPLIEDAND TO RECEIVE REPLACEMENT MEDIA. EXCEPT FOR THE LIMITED WARRANTY SPECIFIED HEREIN, REGARDING THE CONTENTPRODUCTS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED AND ALL WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE EXPRESSLY EXCLUDED. COMPANY INTERMAP DOES NOT WARRANT THAT THE PRODUCTS WILL MEET LICENSEE’S NEEDS OR EXPECTATIONS OR THAT USE OF THE PRODUCTS WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT SHALL NOT INTERMAP BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERALCLAIM OR LOSS INCURRED BY LICENSEE, PUNITIVEINCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL EXEMPLARY DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE CONTENT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, COSTS INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR LOSSESWARRANTY OR TORT. COMPANY’S MAXIMUM IF THE LIMITATION OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENT. THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY SET FORTH IN THIS AGREEMENT APPLY ONLY SHALL FOR ANY REASON BE HELD UNENFORCEABLE OR INAPPLICABLE, LICENSEE AGREES THAT INTERMAP’S LIABILITY SHALL NOT EXCEED THE LICENSE FEES PAID BY LICENSEE TO INTERMAP WITH RESPECT TO THE CONTENT AS DELIVERED BY COMPANY AND WILL BE INVALID IF THE CONTENT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWSPRODUCTS AT ISSUE.

Warranty and Disclaimers. COMPANY Feature Labs warrants that: to Licensee that the unaltered Software will operate substantially in conformance with the Documentation for 90 days after the Effective Date (ithe “Warranty”). Any Warranty claim must be made in writing to Feature Labs during such 90-day period. Feature Labs’ sole obligation and Licensee’s exclusive remedy in respect of this Warranty is to use reasonable efforts to repair or replace the nonconforming Software or, at Feature Labs’ sole discretion, to accept return of the nonconforming Software in exchange for a refund to Licensee of the amount of License Fees that Licensee paid for the nonconforming Software. The Warranty will apply only to paid Software licenses, and will not apply to any nonconformity resulting from any hardware, operating system or other software, or to any Software or that was (a) it has all necessary rights and authority to enter into and perform used in violation of this Agreement; and , (iib) used, handled, operated, or maintained improperly, or in any manner not in accord with the Content will be free from defects in material and workmanship Documentation, industry standard practice or Feature Labs’ instructions or recommendations, or (c) combined, altered, modified or repaired other than by or for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Content)Feature Labs. General Disclaimers and Limitation of Liability COMPANY MAKES NO EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, THE SOFTWARE, DOCUMENTATION, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FEATURE LABS DOES NOT WARRANT THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY LICENSEE APPLICATION OR ENVIRONMENT OR OTHERWISE MEET LICENSEE’S REQUIREMENTS, OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON BEHALF OF ITSELF AND ITS LICENSORS, FEATURE LABS HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENTORAL OR WRITTEN, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, ACCURACY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSEPURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE. COMPANY SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERALThis Warranty provides specific legal rights, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE CONTENT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENT. THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY IN THIS AGREEMENT APPLY ONLY TO THE CONTENT AS DELIVERED BY COMPANY AND WILL BE INVALID IF THE CONTENT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWSand Licensee may also have other rights which vary from state to state or from country to country.

Warranty and Disclaimers. COMPANY warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) the Content will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Content)YOU AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, BLENDY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE WEBSITE AND SERVICES. General Disclaimers and Limitation of Liability COMPANY MAKES NO OTHER WARRANTIESBLENDY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY. BLENDY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND PARTICIPATION IN THE SERVICE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. BLENDY’S PRODUCTS HAVE NOT BEEN PASTEURIZED AND THEREFORE MAY CONTAIN HARMFUL BACTERIA THAT CAN CAUSE SERIOUS ILLNESSES IN CHILDREN, THE ELDERLY, AND PERSONS WITH WEAKEND IMMUNE SYSTEMS. OUR PRODUCTS ARE ONLY GURANTEED FRESH FOR THREE (DAYS) AFTER DELIVERY, AS THEY ARE PACKED WITH PERISHABLE NUTRIENTS AND ENZYMES. IT IS ADVISED NOT TO CONSUME THE PRODUCTS THREE (3) DAYS AFTER THEY ARE RECEIVED. DO NOT CONSUME THE PRODUCTS IF THE SEALED CAP HAS BEEN BROKEN OR APPEARS TO BE TAMPERED WITH IN ANY WAY. BLENDY ENSURES THAT ALL OUR PRODUCTS CONTAIN LABELED INGREDIENTS THAT ARE MADE AVAILABLE TO OUR CUSTOMERS. YOU ACKNOWLEDGE IT IS YOUR RESPONSIBILITY TO BE AWARE OF THE INGREDIENTS PROVIDED IN OUR PRODUCTS. WE ARE NOT LIABLE FOR ANY ALLERGIC REACTIONS OR OTHER ILLNESSES AND/OR INJURIES THAT RESULT FROM ANY CONSUMPTION OF INGREDIENTS YOU ARE ALLERGIC TO, WHETHER THE ALLERGY WAS KNOWN TO LICENSEE YOU OR NOT AT THE TIME OF CONSUMPTION. THE PRODUCTS OFFERED THROUGH THE SITE ARE NOT INTENDED NOR SHOULD THEY BE USED TO DIAGNOSE, TREAT, CURE, PREVENT, OR MITIGATE ANY ILLNESS, DISEASE OR CONDITION OR AS A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT IN ANY WAY. YOU SHOULD CONSULT WITH YOUR HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE BEFORE ORDERING ANY PRODUCT FROM THIS SITE. MAKE SURE BEFORE USING ANY PRODUCT THAT YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR RESPONSIBLE INDIVIDUAL HEEDS THE FOREGOING WARNINGS AND FOLLOWS THE FOREGOING INSTRUCTIONS AND ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF INSTRUCTIONS INCLUDED WITH THE CONTENT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENT. THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY IN THIS AGREEMENT APPLY ONLY TO THE CONTENT AS DELIVERED BY COMPANY AND WILL BE INVALID IF THE CONTENT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENTPRODUCTS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWSARE SOLELY RESPONSIBLE FOR DETERMINING FOR WHOM THE PRODUCTS ARE APPROPRIATE FOR USE AND CONSUMPTION.

Warranty and Disclaimers. COMPANY PR warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) the Content Image(s) will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the ContentImage(s)). General Disclaimers and Limitation of Liability COMPANY PHOTO RESEARCHERS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENTIMAGES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY PR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE CONTENT IMAGES OR OTHERWISE, EVEN IF COMPANY PR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. COMPANYPR’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT IMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENTIMAGE(S). THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY PR IN THIS AGREEMENT APPLY ONLY TO THE CONTENT IMAGE(S) AS DELIVERED BY COMPANY PR AND WILL BE INVALID IF THE CONTENT IMAGE(S) IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS. 11 Indemnity Licensor Indemnity. Provided Licensee is not otherwise in breach of this Agreement and subject to Section 10, as Licensee's sole and exclusive remedy for any breach of the representations and warranties above, Licensor shall defend, indemnify and hold harmless Licensee and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside attorney fees), arising out of or connected with any actual lawsuit or legal proceeding alleging that PR is in breach of its warranties set forth above. No other indemnification is offered by Licensor under the Agreement Licensee Indemnity. If Licensee's use of the Image(s) is not authorized by this Agreement, Licensee shall defend, indemnify and hold PR and its officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys' fees and costs), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding relating to the use of such Image(s) by Licensee, to the extent that such claim relates to the absence of a release or the Licensee's unauthorized use of the Image(s).

Warranty and Disclaimers. COMPANY warrants that: INTERMAP WARRANTS FOR SIXTY (i60) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) the Content will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Content)DAYS AFTER THE DELIVERY OF THE PRODUCTS THAT THE DATA DELIVERED WILL BE OF THE AREA OF INTEREST ORDERED AND THE MEDIA USED TO CARRY THE DATA WILL BE FREE FROM MATERIAL PHYSICAL DEFECTS. General Disclaimers and Limitation of Liability COMPANY MAKES NO OTHER WARRANTIESLICENSEE’S SOLE REMEDY AND INTERMAP’S SOLE OBLIGATION UNDER THIS LIMITED WARRANTY SHALL BE FOR LICENSEE TO RETURN THE DEFECTIVE MEDIA TO INTERMAP WITHIN THE WARRANTY PERIOD, EXPRESS OR IMPLIEDAND TO RECEIVE REPLACEMENT MEDIA. EXCEPT FOR THE LIMITED WARRANTY SPECIFIED HEREIN, REGARDING THE CONTENTPRODUCTS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED AND ALL WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE EXPRESSLY EXCLUDED. COMPANY INTERMAP DOES NOT WARRANT THAT THE PRODUCTS WILL MEET LICENSEE’S NEEDS OR EXPECTATIONS OR THAT USE OF THE PRODUCTS WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT SHALL NOT INTERMAP BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERALCLAIM OR LOSS INCURRED BY LICENSEE, PUNITIVEINCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL EXEMPLARY DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE CONTENT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, COSTS INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR LOSSESWARRANTY OR TORT. COMPANY’S MAXIMUM IF THE LIMITATION OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENT. THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY SET FORTH IN THIS AGREEMENT APPLY ONLY SHALL FOR ANY REASON BE HELD UNENFORCEABLE OR INAPPLICABLE, LICENSEE AGREES THAT INTERMAP’S LIABILITY SHALL NOT EXCEED THE LICENSE FEES PAID BY LICENSEE TO INTERMAP WITH RESPECT TO THE CONTENT AS DELIVERED BY COMPANY AND WILL BE INVALID IF THE CONTENT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWSPRODUCTS AT ISSUE.

Warranty and Disclaimers. COMPANY warrants that: (i) Licensor represents that it has all necessary rights the right to grant the license herein and authority warrants the Product to enter into and perform this Agreement; and (ii) the Content will be free from defects in material and workmanship under normal use for 30 days from delivery (the date of license. Licensor’s entire liability and Licensee's ’s sole and exclusive remedy for a breach of the foregoing warranty and with respect to any claims arising out of this warranty being Agreement is the refund of the license fee or replacement of the Content)Product, at Licensor’s option. General Disclaimers Licensee represents and Limitation warrants that it has the right and authority to enter into this Agreement, and that it will not use the Product in any way that it not permitted by this Agreement. Licensee agrees that Licensor makes no warranties with regard to the use of Liability COMPANY names, people, trademarks, trade dress, logo types, registered, unregistered, or copyrighted designs or works of art or architecture depicted in any Product, and Licensee must satisfy itself that all the necessary rights, consents, or permissions regarding any of the above, as may be required for reproduction, have been obtained. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENTLICENSED MATERIAL OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, EXEMPLARY, DIRECT, INDIRECT, CONSEQUENTIAL CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR ; LOST PROFITS OR LOSS OF PROSPECTIVE COMPENSATION, GOODWILL OR LOSS THEREOF, OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE CONTENT PRODUCT, OR OTHERWISE, EVEN IF COMPANY LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS COSTS, OR LOSSES. COMPANYLICENSOR’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT PRODUCT (WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENTPRODUCT. ALL CLAIMS MUST BE BROUGHT WITHIN TWELVE (12) MONTHS OF THE DATE THAT LICENSEE DISCOVERED THE CLAIM, OR SHALL BE WAIVED. THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY LICENSOR IN THIS AGREEMENT APPLY ONLY TO THE CONTENT PRODUCT AS DELIVERED BY COMPANY LICENSOR AND WILL BE INVALID IF THE CONTENT PRODUCT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Warranty and Disclaimers. COMPANY warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) By its very nature, the Content will Internet contains offensive and/or harmful material, in some cases under descriptions that have been mislabelled or are otherwise deceptive. Argon shall not be free from defects in material and workmanship responsible for 30 days from delivery (Licensee's sole and exclusive remedy for any damages suffered by you and/or any person as a breach result of this warranty being obtaining Internet access. Argon exercises no control whatsoever over the replacement content of the Content)information passing through its systems. General Disclaimers and Limitation of Liability COMPANY NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ARGON DISCLAIMS AND MAKES NO OTHER WARRANTIESREPRESENTATIONS OR WARRANTIES AND THERE ARE NO CONDITIONS OF ANY KIND, EXPRESS EITHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, REGARDING THE CONTENT, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INTERFERENCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. ANY STATEMENTS MADE IN ANY WRITTEN OR ELECTRONIC DOCUMENTS, OR BY ANY ARGON EMPLOYEES, REPRESENTATIVES, OR AGENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND. ARGON DOES NOT WARRANT THAT SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING, INTERFERING, OR DESTRUCTIVE PROPERTIES. ARGON CANNOT AND DOES NOT GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMISSION or STORAGE, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICE. SERVICE IS ONLY AVAILABLE WITHIN THE COVERAGE AREA OF THE ARGON WIFI NETWORK, WHICH IS SUBJECT TO CHANGE. YOU ACKNOWLEDGE THAT SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR MAINTENANCE, EQUIPMENT MODIFICATIONS, OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF ARGON. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOT ARGON BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR INTERRUPTED COMMUNICATIONS, LOST PROFITS DATA OR ANY OTHER DAMAGESLOST PROFITS, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE CONTENT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S THE SERVICE. NOTWITHSTANDING, ARGON’ TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE CONTENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, SERVICE SHALL BE LIMITED TO THE VALUE TOTAL AMOUNT OF THE LICENSE PAID PAYMENTS MADE BY THE LICENSEE YOU ON YOUR ACCOUNT FOR THE CONTENT. THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY IN THIS AGREEMENT APPLY ONLY THREE (3) MONTHS PRIOR TO THE CONTENT EVENT GIVING RISE TO YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW FOR A LIMITATION OF LIABILITY AS DELIVERED BY COMPANY AND WILL BE INVALID IF THE CONTENT IS USED BY LICENSEE IN ANY MANNER CONTEMPLATED HEREIN SO THIS LIMITATION MAY NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWSAPPLY TO YOU.

Warranty and Disclaimers. COMPANY Xxxx Look Photography warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) the Content Image(s) will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the ContentImage(s)). General Disclaimers and Limitation of Liability COMPANY Xxxx Look Photography MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENTIMAGES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY Xxxx Look Photography SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE CONTENT IMAGES OR OTHERWISE, EVEN IF COMPANY Xxxx Look Photography HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. COMPANY’S Xxxx Look Photography''S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT IMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENTIMAGE(S). THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY Xxxx Look Photography IN THIS AGREEMENT APPLY ONLY TO THE CONTENT IMAGE(S) AS DELIVERED BY COMPANY Xxxx Look Photography AND WILL BE INVALID IF THE CONTENT IMAGE(S) IS (ARE) USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Warranty and Disclaimers. COMPANY warrants that: (i) Licensor represents that it has all necessary rights the right to grant the license herein and authority warrants the Product to enter into and perform this Agreement; and (ii) the Content will be free from defects in material and workmanship under normal use for 30 days from delivery (the date of license. Licensor’s entire liability and Licensee's ’s sole and exclusive remedy for a breach of the foregoing warranty and with respect to any claims arising out of this warranty being Agreement is the refund of the purchase price or replacement of the Content)Product, at Licensor’s option. General Disclaimers Licensee represents and Limitation warrants that it has the right and authority to enter into this Agreement, and that it will not use the Product in any way that it not permitted by this Agreement. Licensee agrees that Licensor makes no warranties with regard to the use of Liability COMPANY names, people, trademarks, trade dress, logo types, registered, unregistered, or copyrighted designs or works of art or architecture depicted in any Product, and Licensee must satisfy itself that all the necessary rights, consents, or permissions regarding any of the above, as may be required for reproduction, have been obtained. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENTLICENSED MATERIAL OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, EXEMPLARY, DIRECT, INDIRECT, CONSEQUENTIAL CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR ; LOST PROFITS OR LOSS OF PROSPECTIVE COMPENSATION, GOODWILL OR LOSS THEREOF; OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE CONTENT PRODUCT, OR OTHERWISE, EVEN IF COMPANY LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS COSTS, OR LOSSES. COMPANYLICENSOR’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT PRODUCT (WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENTPRODUCT. ALL CLAIMS MUST BE BROUGHT WITHIN TWELVE (12) MONTHS OF THE DATE THAT LICENSEE DISCOVERED THE CLAIM, OR SHALL BE WAIVED. THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY LICENSOR IN THIS AGREEMENT APPLY ONLY TO THE CONTENT PRODUCT AS DELIVERED BY COMPANY LICENSOR AND WILL BE INVALID IF THE CONTENT PRODUCT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Warranty and Disclaimers. COMPANY warrants that: (ia) it has all necessary rights and authority to enter into and perform this Agreement; and (iiEXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE WARRANTIES SET FORTH IN SECTION 7.1(a) the Content will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Content). General Disclaimers and Limitation of Liability COMPANY MAKES NO ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER WARRANTIESWARRANTIES WITH RESPECT TO THE RAILCARS OR PARTS INCORPORATED THEREIN, EXPRESS OR IMPLIED, REGARDING THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. COMPANY SELLER’S LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR BREACH OF SELLER’S WARRANTY WILL BE LIMITED TO REPAIR OR REPLACEMENT. NEITHER BUYER (NOR ITS OFFICERS, DIRECTORS OR AFFILIATES) NOR SELLER (NOR ITS OFFICERS, DIRECTORS OR AFFILIATES) SHALL NOT BE LIABLE HAVE LIABILITY TO LICENSEE OR ANY THE OTHER PERSON OR ENTITY UNDER THIS AGREEMENT FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH AS EXCESS COSTS INCURRED, COMMODITY LOSS OR LOST PROFITS OR ANY OTHER DAMAGESREVENUE. (b) The warranties set forth in Section 7.1(a) shall not apply to any Railcar or parts incorporated therein which has been involved in an accident, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE misused, negligently handled, altered or modified by Buyer or any other third party, repaired by a party besides Seller, or improperly maintained or improperly manufactured by any party besides Seller. The warranties set forth in Section 7.1(a) are also conditioned upon compliance with loading, use, and handling procedures that qualify as good commercial practices of the trade and that are consistent with the Specifications and Regulations. Seller shall not be responsible for any failure caused by normal wear and tear. (c) PARTS NOT MANUFACTURED BY SELLER ARE COVERED ONLY BY THE WARRANTY, IF ANY, OF THE CONTENT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF MANUFACTURER THEREOF AND SELLER SHALL HAVE NO OTHER OBLIGATION WITH RESPECT TO SUCH DAMAGES, COSTS OR LOSSES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENT. THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY IN THIS AGREEMENT APPLY ONLY TO THE CONTENT AS DELIVERED BY COMPANY AND WILL BE INVALID IF THE CONTENT IS USED BY LICENSEE IN ANY MANNER PARTS NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.6