Common use of Warranty Disclaimer and Limitation of Liability Clause in Contracts

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIACOMPANY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE, INTERMEDIA DISCLAIMS ALL WARRANTIESWHETHER EXPRESSED, EXPRESS, IMPLIED, STATUTORY IMPLIED OR OTHERWISESTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITYPURPOSE, COMPATIBILITY OR NON-INFRINGEMENT . UNDER NO CIRCUMSTANCES XXXXXX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL INTERMEDIA MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS") SHALL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICESUCH SOFTWARE, EVEN IF INTERMEDIA XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS XXXX EXCEED AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE AMOUNTS PAID BY YOU SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE APPLICATIONLOSS OF ANY SUCH DATA OR FILES. SOME JURISDICTIONS DO XXXXXX SOFTWARE IS NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUSOFTWARE.

Warranty Disclaimer and Limitation of Liability. 9.1 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE APPLICATION AND THE SERVICE ARE CLOUDWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY WITH NO OTHER WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA AND CRESTRON DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITYPURPOSE. UNDER NO CIRCUMSTANCES CRESTRON DOES NOT WARRANT THAT THE USE OF THE CLOUDWARE WILL INTERMEDIA BE UNINTERRUPTED OR ERROR‐FREE. 9.2 NEITHER PARTY SHALL BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIALINDIRECT, SPECIAL, INDIRECTINCIDENTAL, INCIDENTAL PUNITIVE OR PUNITIVE CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF THE USE GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR INABILITY TO USE THE APPLICATION MALFUNCTION, LOST OR THE SERVICECORRUPTED DATA, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY), OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), EVEN IF INTERMEDIA THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT INFORMED OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGESPOSSIBILITY. 9.3 Crestron’s maximum liability for all claims and/or damages arising out of or related to the Subscription License, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUthe Cloudware, and/or the Agreement whether in contract or tort, or otherwise, shall in no event exceed, in the aggregate, the total amounts actually paid to Crestron for the Subscription Licenses, under the Order that was in effect at the time of the event giving rise to such claim.

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. (A) EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOF THE WARRANTY MADE ABOVE, INTERMEDIA DISCLAIMS ALL FORD MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING . BY WAY OF EXAMPLE BUT NOT LIMITED TO IMPLIED OF LIMITATION, FORD MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE AND MERCHANTABILITYPURPOSE. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FORD SHALL IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY BE LIABLE TO VASTERA, ITS SUCCESSORS, OR A THIRD PARTY FOR DAMAGES ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR GENERAL, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT FROM ANY LOSS CLAIMED AS A RESULT OF THIS XXXX EXCEED VASTERA'S USE OF THE AMOUNTS PAID BY YOU INTELLECTUAL PROPERTY RIGHTS ASSIGNED HEREUNDER . (B) FORD MAKES NO WARRANTY OR REPRESENTATION THAT THE INTELLECTUAL PROPERTY RIGHTS ASSIGNED HEREUNDER CAN BE USED FOR ANY PARTICULAR FUNCTION OR THAT VASTERA HAS THE ABILITY TO USE THEM. FORD ASSUMES NO RESPONSIBILITY FOR THE APPLICATION. SOME JURISDICTIONS DO SAFETY, QUALITY, DESIGN, SPECIFICATIONS, COMPLETENESS, ACCURACY OR OTHER CHARACTERISTICS OF THE PERFORMANCE, OUTPUT OR END PRODUCT RESULTING FROM THE USE OF THE INTELLECTUAL PROPERTY RIGHTS ASSIGNED HEREUNDER. (C) EXCEPT TO THE EXTENT OF THE WARRANTY PROVIDED ABOVE, NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS CONFERRING BY IMPLICATION, ESTOPPEL OR OTHERWISE THE INDEMNIFICATION OF VASTERA BY FORD AGAINST ANY CLAIM OF INFRINGEMENT OF OTHER THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, WHETHER OR NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES THE EXERCISE OF ANY RIGHT GRANTED HEREIN NECESSARILY EMPLOYS OR REQUIRES THE EXCLUSION PRACTICE OF ANY SUCH EXISTING OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUSUBSEQUENTLY CREATED THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA NEC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA NEC BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA NEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIANEC’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer and Limitation of Liability. THE APPLICATION 6.1 FASMATECH’S EXPRESS WARRANTY TO BUYER CONSTITUTES FASMATECH’S SOLE LIABILITY AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. BUYER'S SOLE REMEDY WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPRODUCTS AND IS IN LIEU OF ALL OTHER WARRANTIES, INTERMEDIA LIABILITIES AND REMEDIES. EXCEPT AS THUS PROVIDED, FASMATECH DISCLAIMS ALL WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEINCLUDING ANY WARRANTY OF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 6.2 FASMATECH DOES NOT INDEMNIFY, NOR HOLD THE BUYER HARMLESS, AGAINST ANY LIABILITIES, LOSSES, DAMAGES AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATING TO ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESCLAIMS WHATSOEVER. IN NO EVENT WILL INTERMEDIA’S AGGREGATE SHALL FASMATECH BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT, LOST DATA AND THE LIKE, DUE TO ANY CAUSE WHATSOEVER. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST FASMATECH MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS ACCRUED. IN NO EVENT SHALL THE ACCRUED TOTAL LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX FASMATECH FROM ANY LAWSUIT, CLAIM, WARRANTY OR INDEMNITY EXCEED THE AMOUNTS AGGREGATE SUM PAID TO FASMATECH BY YOU FOR BUYER UNDER THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES ORDER THAT GIVES RISE TO SUCH LAWSUIT, CLAIM, WARRANTY OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUINDEMNITY.

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA SERVERDATA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA SERVERDATA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA SERVERDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIASERVERDATA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer and Limitation of Liability. THE APPLICATION CUSTOMER HEREBY WAIVES AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DELTA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSGUARANTEES, AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PART AND THE STC. DELTA EXPRESSLY DISCLAIMS ALL WARRANTIES, ALL GUARANTEES AND REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF PERFORMANCE, AND COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER HEREBY WAIVES AND RELEASES DELTA FROM ANY OTHER OBLIGATION OR LIABILITY ARISING OUT OF ANY CLAIMED DEFECT, WHETHER IN CONTRACT, TORT, OR ANY OTHER FORM OF ACTION, AND IN NO EVENT WILL DELTA BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES LOSS OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICEPROFITS, EVEN IF INTERMEDIA HAS DELTA SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES POTENTIAL LOSS OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUDAMAGE.

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA XBAND ENTERPRISES DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA XBAND ENTERPRISES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA XBAND ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S XBAND ENTERPRISES AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer and Limitation of Liability. VE warrants title to all Retail Energy delivered hereunder and sells such Retail Energy to Customer free from liens and adverse claims. THIS IS VE'S ONLY WARRANTY CONCERNING THE APPLICATION SERVICES PROVIDED HEREUNDER AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASISIS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITYPURPOSE, MERCHANTABILITY OR OTHERWISE. EXCEPT AS PART OF ANY PAYMENT OF THE SETTLEMENT AMOUNT IN ACCORDANCE WITH THE TERMS HEREOF, NEITHER PARTY SHALL BE RESPONSIBLE UNDER NO ANY CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIALSPECIAL, SPECIALINCIDENTAL, INDIRECT, INCIDENTAL PUNITIVE, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CONSEQUENTIAL DAMAGES. IN NO EVENT WILL INTERMEDIAADDITION, VE ’S AGGREGATE LIABILITY FOR UNDER THIS AGREEMENT SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL OF THE FIRST TWO VE INVOICES REFLECTING THE ENERGY COST SPECIFIC TO CUSTOMER'S METER READS AS THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES ARISING OUT AT LAW OR IN EQUITY ARE EXPRESSLY WAIVED. TO THE MAXIMUM EXTENT POSSIBLE UNDER LAW, ARTICLE 2 OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT UNIFORM COMMERCIAL CODE SHALL APPLY TO YOUTHE RETAIL ENERGY SOLD HEREUNDER.

Warranty Disclaimer and Limitation of Liability. EXCEPT FOR THE APPLICATION LIMITED WARRANTY SET FORTH IN SECTION 7, TEMPEST MAKES NO WARRANTIES HEREUNDER, AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASISTEMPEST EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLIMITATION, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND MERCHANTABILITYWARRANTIES AGAINST INFRINGEMENT (EXCEPT WITH RESPECT TO TEMPEST MATERIALS). 9.1. UNDER THE TOTAL LIABILITY OF TEMPEST HEREUNDER FOR ANY SERVICES NOT PROPERLY PERFORMED (INCLUDING ANY LIABILITY FOR NEGLIGENCE) SHALL BE LIMITED, AT THE ELECTION OF CLIENT, TO (a) PERFORMING THOSE SERVICES CORRECTLY, OR (b) IF SUCH PERFORMANCE IS IMPOSSIBLE, TO THE AMOUNTS PAID TO TEMPEST FOR THE SERVICES THAT WERE IMPROPERLY PERFORMED. IN NO CIRCUMSTANCES WILL INTERMEDIA EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIALPUNITIVE, INDIRECTRELIANCE OR SPECIAL DAMAGES, INCIDENTAL INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT REVENUES OF THE USE ANY KIND OR INABILITY TO USE THE APPLICATION OR THE SERVICEINCREASED COST OF OPERATIONS, EVEN IF INTERMEDIA SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE ANY EVENT, THE LIABILITY OF TEMPEST TO CLIENT FOR DAMAGES ARISING OUT ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO TEMPEST BY CLIENT UNDER THIS XXXX EXCEED AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGESCONTRACT, SO THE ABOVE LIMITATIONS MAY BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS BUT SHALL NOT APPLY TO YOUINDEMNIFICATION FOR THIRD PARTY CLAIMS PROVIDED UNDER ARTICLE 8.

Warranty Disclaimer and Limitation of Liability. BSE warrants title to all Retail Energy delivered hereunder and sells such Retail Energy to Customer free from liens and adverse claims. THIS IS BSE'S ONLY WARRANTY CONCERNING THE APPLICATION SERVICES PROVIDED HEREUNDER AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASISIS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITYPURPOSE, MERCHANTABILITY OR OTHERWISE. EXCEPT AS PART OF ANY PAYMENT OF THE SETTLEMENT AMOUNT IN ACCORDANCE WITH THE TERMS HEREOF, NEITHER PARTY SHALL BE RESPONSIBLE UNDER NO ANY CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIALSPECIAL, SPECIALINCIDENTAL, INDIRECT, INCIDENTAL PUNITIVE, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CONSEQUENTIAL DAMAGES. IN NO EVENT WILL INTERMEDIAADDITION, BSE’S AGGREGATE LIABILITY FOR UNDER THIS AGREEMENT SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL OF THE FIRST TWO BSE INVOICES REFLECTING THE ENERGY COST SPECIFIC TO CUSTOMER'S METER READS AS THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES ARISING OUT AT LAW OR IN EQUITY ARE EXPRESSLY WAIVED. TO THE MAXIMUM EXTENT POSSIBLE UNDER LAW, ARTICLE 2 OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT UNIFORM COMMERCIAL CODE SHALL APPLY TO YOUTHE RETAIL ENERGY SOLD HEREUNDER.

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE (i) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ON AN "AS IS" BASISIN THIS AGREEMENT, WITHOUT NEITHER PARTY MAKES ANY REPRESENTATION OR EXTENDS ANY WARRANTY OF ANY KIND. , EITHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOTHER PARTY WITH RESPECT TO ANY TECHNOLOGY, INTERMEDIA GOODS, SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF THIS AGREEMENT OR THE COLLABORATION AGREEMENT AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES NONINFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE FOREGOING. (ii) NEITHER PARTY HERETO WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECTINCIDENTAL, INCIDENTAL CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AGREEMENT OR THE EXCLUSION COLLABORATION AGREEMENT OR LIMITATION THE EXERCISE OF LIABILITY FOR CONSEQUENTIAL ITS RIGHTS HEREUNDER OR INCIDENTAL THEREUNDER, INCLUDING LOST PROFITS ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT OR THE COLLABORATION AGREEMENT, REGARDLESS OF ANY NOTICE OF SUCH DAMAGES, SO EXCEPT AS A RESULT OF A PARTY’S WILLFUL MISCONDUCT OR A MATERIAL BREACH OF THE ABOVE LIMITATIONS MAY NOT APPLY CONFIDENTIALITY AND NON-USE OBLIGATIONS IN ARTICLE 8 OF THE COLLABORATION AGREEMENT OR SECTION 5 OF THIS AGREEMENT. NOTHING IN THIS SECTION 7(d)(ii) IS INTENDED TO YOULIMIT OR RESTRICT THE INDEMNIFICATION RIGHTS OR OBLIGATIONS OF EITHER PARTY.

Warranty Disclaimer and Limitation of Liability. EXCEPT FOR THE APPLICATION LIMITED WARRANTY SET FORTH IN SECTION 6, Simpleview MAKES NO WARRANTIES HEREUNDER, AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASISSimpleview EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLIMITATION, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND MERCHANTABILITYWARRANTIES AGAINST INFRINGEMENT. UNDER THE TOTAL LIABILITY OF Simpleview HEREUNDER FOR ANY SERVICES NOT PROPERLY PERFORMED (INCLUDING ANY LIABILITY FOR NEGLIGENCE) SHALL BE LIMITED, AT THE SOLE DISCRETION OF Simpleview, TO (a) PERFORMING THOSE SERVICES CORRECTLY, OR (b) IF SUCH PERFORMANCE IS IMPOSSIBLE, TO THE AMOUNT’S PAID TO Simpleview FOR THE SERVICES THAT WERE IMPROPERLY PERFORMED. IN NO CIRCUMSTANCES WILL INTERMEDIA EVENT SHALL Simpleview BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIALPUNITIVE, INDIRECTRELIANCE OR SPECIAL DAMAGES, INCIDENTAL INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT REVENUES OF THE USE ANY KIND OR INABILITY TO USE THE APPLICATION OR THE SERVICEINCREASED COST OF OPERATIONS, EVEN IF INTERMEDIA Simpleview HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE ANY EVENT, THE LIABILITY OF Simpleview TO CLIENT FOR DAMAGES ARISING OUT ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Simpleview BY CLIENT UNDER THIS XXXX EXCEED AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGESCONTRACT, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUBREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

Warranty Disclaimer and Limitation of Liability. 5.1 TA warrants that services provided hereunder will be performed in a good and workmanlike manner. TA warrants it will use customary diligence in procuring Service Providers to remedy Hardware deficiencies. EXCEPT FOR CLAIMS BASED UPON PERSONAL INJURY OR PROPERTY DAMAGE, TA'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR DAMAGES DUE TO PERFORMANCE OR NONPERFORMANCE AND REGARDLESS OF THE APPLICATION FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO CORRECTIONS AND ADJUSTING THE SERVICES WHICH DO NOT COMPLY WITH THIS WARRANTY. 5.2 THIS LIMITED WARRANTY AND THE SERVICE LIMITATION OF LIABILITY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER TO OBTAIN THE SERVICES PROVIDED ON AN "HEREUNDER AT THE AGREED UPON COST. CUSTOMER AGREES TO ASSUME THE RISK FOR (1) ALL LIABILITIES DISCLAIMED HEREIN; AND (2) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT OF THE LIMITED REMEDY PROVIDED HEREUNDER. THE ESSENTIAL PURPOSE OF THE LIMITED REMEDY PROVIDED HEREUNDER IS TO ALLOCATE THE RISKS AS IS" BASIS, WITHOUT WARRANTY PROVIDED ABOVE. 5.3 THE LIMITED WARRANTIES PROVIDED FOR HEREIN ARE IN LIEU OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, EXPRESS OR IMPLIED, STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OTHERWISEFITNESS FOR A PARTICULAR PURPOSE. SERVICES PROVIDED UNDER THIS AGREEMENT DO NOT ASSURE UNINTERRUPTED OPERATION OF THE HARDWARE OR SORFTWARE. 5.4 IN NO EVENT SHALL TA BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES LOSS OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIALUSE, SPECIAL, INDIRECT, INCIDENTAL REVENUE OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICEPROFIT, EVEN IF INTERMEDIA TA HAS BEEN ADVISED ADVISED, OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUSUCH.

Warranty Disclaimer and Limitation of Liability. (a) MENTAT represents and warrants that LICENSED SOFTWARE will perform substantially as described in the documentation listed in the ADDENDUM describing the LICENSED SOFTWARE and current as of the date of delivery of such LICENSED SOFTWARE to LICENSEE. (b) EXCEPT FOR THE APPLICATION EXPRESS LIMITED WARRANTIES SET FORTH ABOVE AND THE SERVICE ARE IN SECTION 9, LICENSED SOFTWARE IS PROVIDED ON AN "AS-IS BASIS. EXCEPT AS IS" BASISSET FORTH IN SECTION 9, WITHOUT WARRANTY MENTAT HEREBY DISCLAIM AND LICENSEE HEREBY EXPRESSLY WAIVES, ANY AND ALL EXPRESS WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWKIND OR NATURE, INTERMEDIA DISCLAIMS AND ANY AND ALL IMPLIED WARRANTIES, EXPRESSINCLUDING, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO TO, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. (c) THE PARTIES HEREBY AGREE THAT LICENSEE'S SOLE AND MERCHANTABILITYEXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTIES HEREIN IS THE REPAIR AND/OR REPLACEMENT OF ANY DEFECTIVE SOFTWARE. UNDER IF FOR ANY REASON MENTAT IS UNABLE TO REPAIR OR REPLACE ANY DEFECTIVE SOFTWARE WITHIN A COMMERCIALLY REASONABLE TIME PERIOD, LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTIES HEREIN IS THE REFUND OF THE SOURCE CODE FEES PREVIOUSLY PAID BY LICENSEE TO MENTAT. (d) EXCEPT WITH RESPECT TO ANY BREACH OF SECTIONS 2 OR 3 BY LICENSEE IN NO CIRCUMSTANCES WILL INTERMEDIA EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFIT) IN ANY WAY ARISING OUT OF THE USE OR INABILITY RELATING TO USE THE APPLICATION THIS AGREEMENT WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESANY OTHER LEGAL THEORY. IN NO EVENT WILL INTERMEDIA’S AGGREGATE ADDITION, MENTAT'S TOTAL LIABILITY TO LICENSEE FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS XXXX AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNTS TOTAL AMOUNT OF THE FEES ACTUALLY PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY LICENSEE TO YOUMENTAT UNDER THIS AGREEMENT.

Warranty Disclaimer and Limitation of Liability. CUSTOMER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS & CONDITIONS, SUNBIRD HAS NOT MADE ANY REPRESENTATION OR WARRANTY TO CUSTOMER REGARDING THE APPLICATION AND MAINTENANCE SERVICES. WITHOUT LIMITING THE SERVICE ARE PROVIDED ON AN "AS IS" BASISGENERALITY OF THE FOREGOING, SUNBIRD DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WITH RESPECT TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, DESIGN, CONDITION, DURABILITY, PERFORMANCE, QUALITY, CAPACITY OR TECHNICAL COMPATIBILITY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY MAINTENANCE SERVICES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES FITNESS OF FITNESS THE MAINTENANCE SERVICES FOR A PARTICULAR PURPOSE AND MERCHANTABILITYPURPOSE. UNDER NO CIRCUMSTANCES CUSTOMER AGREES THAT SUNBIRD WILL INTERMEDIA NOT BE LIABLE FOR ANY CONSEQUENTIALEXEMPLARY, SPECIAL, INDIRECTINCIDENTAL, INCIDENTAL CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING DAMAGES, WHICH ARISE DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE, USE OF AND/OR INABILITY TO USE THE APPLICATION MAINTENANCE SERVICES WHETHER SUCH DAMAGES ARE BASED UPON CONTRACT, TORT, INTENTIONAL CONDUCT, EQUITY OR THE SERVICEPURSUANT TO SOME OTHER THEORY, EVEN IF INTERMEDIA HAS BEEN ADVISED INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY, WHETHER THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID WAS MADE KNOWN TO OR WAS FORESEEABLE BY YOU FOR THE APPLICATION. SUNBIRD AND WHETHER SUCH DAMAGES ARE ASSERTED BY CUSTOMER OR SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUOTHER PARTY .

Warranty Disclaimer and Limitation of Liability. THE APPLICATION ICCBBA provides no representation or warranty that the Licensee’s use of ISBT 128 is suitable for any particular purpose and the selection, use, efficiency and suitability of ISBT 128 is the sole responsibility of the Licensee. ICCBBA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OR ARISING FROM COURSE OF DEALING OR USAGE, WITH RESPECT TO ISBT‌ 128 AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASISMARKS, INCLUDING, WITHOUT WARRANTY OF LIMITATION, FITNESS FOR ANY KINDPARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. ICCBBA DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE MAXIMUM EXTENT PERMITTED ICCBBA WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT LICENSEE WILL ACHIEVE ANY PARTICULAR LEVEL OF INTEROPERABILITY WITH OTHER USERS OF ISBT 128, OR THAT ANY USER’S MISUSE OF ISBT 128 WILL BE DETECTABLE OR CORRECTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITYICCBBA. UNDER NO CIRCUMSTANCES SHALL ICCBBA’S LIABILITY TO LICENSEE OR ANY THIRD PARTY UNDER ANY THEORY OR CAUSE OF ACTION EXCEED THE CURRENT ANNUAL LICENSE FEE PAYABLE BY THE LICENSEE TO ICCBBA HEREUNDER, AND ICCBBA WILL INTERMEDIA IN NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER OR DAMAGES FOR LOSS OF DATA, BUSINESS OR GOODWILL OR ANY OTHER CONSEQUENTIAL LOSSES OF ANY NATURE ARISING OUT OF FROM THE USE OR INABILITY TO USE THE APPLICATION OF ISBT 128 OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUMARKS.

Warranty Disclaimer and Limitation of Liability. KONICA MINOLTA ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR THE APPLICATION AND RESELLER AGREEMENT, VENDOR HAS NOT MADE ANY REPRESENTATION OR WARRANTY TO CUSTOMER OR KONICA MINOLTA REGARDING THE SERVICE ARE PROVIDED ON AN "AS IS" BASISMAINTENANCE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VENDOR DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WITH RESPECT TO MERCHANTABILITY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY MAINTENANCE SERVICES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES FITNESS OF FITNESS THE MAINTENANCE SERVICES FOR A PARTICULAR PURPOSE AND MERCHANTABILITYPURPOSE. UNDER NO CIRCUMSTANCES THE PARTIES WILL INTERMEDIA NOT BE LIABLE FOR ANY CONSEQUENTIALEXEMPLARY, SPECIAL, INDIRECTINCIDENTAL, INCIDENTAL CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING DAMAGES, WHICH ARISE DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE, USE OF AND/OR INABILITY TO USE THE APPLICATION MAINTENANCE SERVICES, WHETHER SUCH DAMAGES ARE BASED UPON CONTRACT, TORT, INTENTIONAL CONDUCT, EQUITY OR THE SERVICEPURSUANT TO SOME OTHER THEORY, EVEN IF INTERMEDIA HAS BEEN ADVISED INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY, WHETHER THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID WAS MADE KNOWN TO OR WAS FORESEEABLE BY YOU FOR THE APPLICATION. VENDOR OR KONICA MINOLTA AND WHETHER SUCH DAMAGES ARE ASSERTED BY VENDOR, KONICA MINOLTA, A CUSTOMER OR SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUOTHER PARTY.

Warranty Disclaimer and Limitation of Liability. 5.1 Customer acknowledges that it is responsible for determining whether the AXCIENT Service is appropriate for Customer’s data protection needs. AXCIENT’s sole warranty is that the AXCIENT Service shall substantially comply with any standard specifications provided in writing by AXCIENT. Customer's sole and exclusive remedy, and AXCIENT’s entire liability under this Agreement shall be limited to the following: (i) AXCIENT shall use reasonable commercial efforts to correct any substantial non-compliance with the above warranty; (ii) if such non-compliance cannot be corrected after using commercially reasonable efforts, Customer may terminate the Agreement and receive a refund of any amounts paid since the time of the non- compliance. 5.2 EXCEPT FOR THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASISLIMITED WARRANTY IN SECTION 5.1 ABOVE, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL AXCIENT MAKES NO WARRANTIES, EXPRESS, IMPLIEDIMPLIED OR STATUTORY, STATUTORY OR OTHERWISE, REGARDING THE AXCIENT SERVICE INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITYNON- INFIRNGEMENT. UNDER CUSTOMER ACKNOWLEDGES IT HAS RELIED ON NO CIRCUMSTANCES WARRANTIES WITH RESPECT TO THE AXCIENT SERVICE IN ENTERING INTO THIS AGREEMENT. 5.3 IN NO EVENT WILL INTERMEDIA AXCIENT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF RELATING TO THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESAGREEMENT. IN NO EVENT WILL INTERMEDIASHALL AXCIENT’S AGGREGATE TOTAL CUMULATIVE LIABILITY FOR DAMAGES ARISING OUT IN CONNECTION WITH THE AGREEMENT EXCEED THE AMOUNT OF THIS XXXX EXCEED FEES AND AMOUNTS PAID BY CUSTOMER UNDER THE AGREEMENT. CUSTOMER ACKNOWLEDGES THAT THE AMOUNTS PAID BY YOU FOR UNDER THE APPLICATION. SOME JURISDICTIONS DO AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH IN THE AGREEMENT AND THAT AXCIENT WOULD NOT ALLOW ENTER INTO THE AGREEMENT WITHOUT THESE LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUITS LIABILITY.

Warranty Disclaimer and Limitation of Liability. EXCEPT FOR THE APPLICATION LIMITED WARRANTY SET FORTH IN SECTION 7, TEMPEST MAKES NO WARRANTIES HEREUNDER, AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASISTEMPEST EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLIMITATION, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND MERCHANTABILITYWARRANTIES AGAINST INFRINGEMENT (EXCEPT WITH RESPECT TO TEMPEST MATERIALS). 9.1. UNDER THE TOTAL LIABILITY OF TEMPEST HEREUNDER FOR ANY SERVICES NOT PROPERLY PERFORMED (INCLUDING ANY LIABILITY FOR NEGLIGENCE) SHALL BE LIMITED, AT THE ELECTION OF CLIENT, TO (a) PERFORMING THOSE SERVICES CORRECTLY, OR (b) IF SUCH PERFORMANCE IS IMPOSSIBLE, TO THE AMOUNTS PAID TO TEMPEST FOR THE SERVICES THAT WERE IMPROPERLY PERFORMED. IN NO CIRCUMSTANCES WILL INTERMEDIA EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIALPUNITIVE, INDIRECTRELIANCE OR SPECIAL DAMAGES, INCIDENTAL INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT REVENUES OF THE USE ANY KIND OR INABILITY TO USE THE APPLICATION OR THE SERVICEINCREASED COST OF OPERATIONS, EVEN IF INTERMEDIA SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE ANY EVENT, THE LIABILITY OF TEMPEST TO CLIENT FOR DAMAGES ARISING OUT ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO TEMPEST BY CLIENT UNDER THIS XXXX EXCEED AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGESCONTRACT, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUBREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

Warranty Disclaimer and Limitation of Liability. EXCEPT FOR THE APPLICATION LIMITED WARRANTY SET FORTH IN SECTION 7, TEMPEST MAKES NO WARRANTIES HEREUNDER, AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASISTEMPEST EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLIMITATION, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND MERCHANTABILITYWARRANTIES AGAINST INFRINGEMENT (EXCEPT WITH RESPECT TO TEMPEST MATERIALS). 9.1. UNDER THE TOTAL LIABILITY OF TEMPEST HEREUNDER FOR ANY SERVICES NOT PROPERLY PERFORMED (INCLUDING ANY LIABILITY FOR NEGLIGENCE) SHALL BE LIMITED, AT THE ELECTION OF CLIENT, TO (a) PERFORMING THOSE SERVICES CORRECTLY, OR (b) IF SUCH PERFORMANCE IS IMPOSSIBLE, TO THE AMOUNTS PAID TO TEMPEST FOR THE SERVICES THAT WERE IMPROPERLY PERFORMED. IN NO CIRCUMSTANCES WILL INTERMEDIA EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIALPUNITIVE, INDIRECTRELIANCE OR SPECIAL DAMAGES, INCIDENTAL INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT REVENUES OF THE USE ANY KIND OR INABILITY TO USE THE APPLICATION OR THE SERVICEINCREASED COST OF OPERATIONS, EVEN IF INTERMEDIA SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE ANY EVENT, THE LIABILITY OF TEMPEST TO CLIENT FOR DAMAGES ARISING OUT ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO TEMPEST BY CLIENT UNDER THIS XXXX EXCEED AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGESCONTRACT, SO THE ABOVE LIMITATIONS MAY BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS BUT SHALL NOT APPLY TO YOUINDEMNIFICATION FOR THIRD-PARTY CLAIMS PROVIDED UNDER ARTICLE 8.