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

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE 16.1. EXCEPT AS SPECIFICALLY PROVIDED, ACTIVITEL MAKES NO WARRANTIES OF ANY KIND IN CONNECTION WITH ITS NETWORK, CONNECTIONS, EQUIPMENT, FACILITIES OR SERVICE, AS CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WEBSITE SHALL BE AT YOUR SOLE RISKWARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” SUCH REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND ARE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEHEREBY EXCLUDED. 16.2. ACTIVITEL WILL NOT BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR ANY INDIRECT, OUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, REGARDLESS OF THE FORESEEABILITY THEREOF, ARISING OUT OF THE PROVISION OF SERVICE OR IN ANY WAY ARISING OUT OF THIS AGREEMENT AND ANY RELATED AGREEMENTS. CLIENT’S EXCLUSIVE REMEDY AND ACTIVITEL’S LIABILTY, IF ANY, FOR DAMAGES FOR ANY CAUSE WHATSOEVER, WILL BE NO MORE THAN THE RECURRING CHARGES PAID BY CLIENT FOR THE AFFECTED SERVICE FOR THE ONE MONTH PRECEDING THE EVENT ALLEGED TO HAVE CAUSED THE DAMAGES. 16.3. CLIENT MUST INSTITUTE ANY LEGAL ACTION ARISING IN CONNECTION WITH THIS AGREEMENT WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES. 16.4. FOR THE PURPOSE OF THIS SECTION, “ACTIVITEL” INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AGENTS DISCLAIM ALL WARRANTIESAFFILIATES. 16.5. IN ADDITION TO ANY OTHER INDEMNITIES CONTAINED IN THIS AGREEMENT, EXPRESS OR IMPLIEDCLIENT SHALL INDEMNIFY AND DEFEND ACTIVITEL, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITEITS AFFILIATES, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORSEACH OF THEIR SHAREHOLDERS, MISTAKESDIRECTORS, OR INACCURACIES OF CONTENTOFFICERS, (II) PERSONAL INJURY OR PROPERTY DAMAGEEMPLOYEES, OF ANY NATURE WHATSOEVERAGENTS, CONTRACTORS, LICENSORS AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE LEGAL FEES, RESULTING FROM YOUR ACCESS TO AND USE ANY ACTION, INACTION OR BREACH OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED THIS AGEEMENT BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER CLIENT OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100USERS. THE FOREGOING LIMITATION PROVISIONS OF LIABILITY THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONSURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WEAND OTHER THAN AS EXPRESSLY PROVIDED IN THE AGREEMENT, OUR OFFICERS, DIRECTORS, EMPLOYEES, DININGTEK AND AGENTS ALL DININGTEK PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AGREEMENT, THE PLATFORM, THE SERVICES, AND YOUR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITESERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ASSUME NO LIABILITY OR RESPONSIBILITY NEITHER DININGTEK NOR ANY DININGTEK PARTNER WILL BE LIABLE TO RESTAURANT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, DAMAGES RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITESERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSESRESTAURANT CONTENT, OR THE LIKE THAT MAY FAILURE OF THE PLATFORM. DININGTEK WILL NOT, UNDER ANY CIRCUMSTANCES, BE TRANSMITTED LIABLE TO RESTAURANT FOR INDIRECT, WILLFUL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR THROUGH EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE. WE DO AGREEMENT, INCLUDING, BUT NOT WARRANTLIMITED TO LOST PROFITS, ENDORSE, GUARANTEELOSS OF BUSINESS, OR ASSUME RESPONSIBILITY FOR LOSS OR INACCURACY OF DATA OF ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISINGKIND, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY THEORY, EVEN IF DININGTEK HAS BEEN MADE AWARE OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. DININTEK’S MAXIMUM LIABILITY UNDER THE AGREEMENT WILL BE THE AMOUNT OF FEES EARNED BY DININGTEK DURING THE THREE (I3) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN MONTH PERIOD IMMEDIATELY PRIOR TO THE AGGREGATE) $100EVENT THAT GAVE RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL LIMITATIONS WILL SURVIVE AND APPLY TO THE FULLEST EXTENT PERMITTED BY LAW EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE APPLICABLE JURISDICTIONAGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. Dispute Resolution. Restaurant and DiningTek agree that all claims or disputes arising out of the Agreement will be decided by an arbitrator through arbitration and not by a judge or jury (“Arbitration Agreement”). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving commerce. The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), which are available at xxx.xxx.xxx. The arbitrator’s fees and the costs will be shared equally by the parties, unless prohibited by law. Parties are responsible for their own attorneys’ fees. The arbitration proceeding will take place in Denver, CO, unless otherwise agreed. A court of competent jurisdiction will have the authority to enter judgment on the arbitrator’s decision and award. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything herein and/or the applicable AAA Rules, the interpretation, applicability, or enforceability of the Class Action Waiver may only be determined by a court and not an arbitrator. The following claims are excluded from this Arbitration Agreement: (a) claims in small claims court; (b) claims to enforce or to prevent the actual or threatened violation of a party’s intellectual property rights; (c) claims for temporary relief in connection with an arbitrable controversy; and (d) claims that are non-arbitrable per the applicable federal statute.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, APP AND THAT ALL CONTENT AND WEBSITES THE SERVICE ARE PROVIDED TO YOU “ON AN "AS IS.” " BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM XXXXXXX & CO. DISCLAIMS ALL WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, IN CONNECTION STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. XXXXXXX & CO. EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT RESPECT TO THE ACCURACY OR FUNCTIONALITY OF LOCATION BASED SERVICES, AND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSESSERVICE, OR THE LIKE THAT MAY QUALITY OR CONSISTENCY OF THE SERVICE. XXXXXXX & CO. FURTHER DISCLAIMS ANY WARRANTY OR LIABILITY RELATED TO YOUR CARRIER’S NETWORK OR SERVICE. UNDER NO CIRCUMSTANCES WILL XXXXXXX & CO. BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY LIABLE FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISINGCONSEQUENTIAL, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, INCIDENTAL OR PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF ANY KIND WHATSOEVERINTERRUPTION OF USE OF THE APP OR SERVICE, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS MATTER BEYOND ITS REASONABLE CONTROL, EVEN IF XXXXXXX & CO. HAS BEEN ADVISED OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION POSSIBILITY OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL

Warranty Disclaimer and Limitation of Liability. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR WE DO NOT PROVIDE ANY WARRANTY OR GUARANTEE WITH RESPECT TO THE SERVICES AND THAT THE USE OF THE WEBSITE SHALL BE SERVICES IS AT YOUR SOLE RISK, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” . TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEWE PROVIDE THE SERVICES AND DOCUMENTATION “AS-IS” AND WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS, OUR OFFICERSEITHER EXPRESS, DIRECTORSIMPLIED, EMPLOYEESOR STATUTORY, INCLUDING, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, TITLE, NON- INFRINGEMENT, AND AGENTS DISCLAIM QUIET ENJOYMENT. WE DO NOT WARRANT AGAINST ALL WARRANTIESINTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, EXPRESS THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE ERROR-FREE OR IMPLIEDUNINTERRUPTED, OR THAT WE WILL CORRECT ALL DEFECTS IN THE SERVICES. IN NO EVENT WILL JAMF OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST BUSINESS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, OR LOSS OR DAMAGES TO GOODWILL, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS THIS AGREEMENT REGARDLESS OF THE WEBSITECAUSE OR THEORY OF LIABILITY, EVEN IF JAMF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL JAMF’S CONTENT OR THE CONTENT TOTAL AND AGGREGATE LIABILITY TO CUSTOMER FOR DAMAGES FROM ALL CAUSES OF ACTION OF ANY SITES LINKED KIND, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EXCEED THE WEBSITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FEES ACTUALLY PAID BY CUSTOMER TO JAMF FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS THE RIGHT TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (SERVICES IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION12-MONTH PERIOD PRECEDING SUCH CLAIM.

Warranty Disclaimer and Limitation of Liability. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE SHALL BE APP AND RELIANCE ON ITS FEATURES< FUNCTIONALITY AND INTERFACES IS AT YOUR SOLE OWN RISK. YAOW AND ITS AFFILIATES AND AGENTS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE APP, THE SOFTWARE, ITS PROPRIETARY FEATURES, FUNCTIONALITY, INTERFACES AND SOURCE CODE, THE USER CONTENT, THE SERVICES PROVIDED THROUGH THE APP OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE APP, ITS PROPRIETARY FEATURES, FUNCTIONALITY, INTERFACES AND SOURCE CODE, THE SOFTWARE, THE USER CONTENT AND THE SERVICES PROVIDED THROUGH THE APP ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND THAT YAOW AND ITS AFFILIATES AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL CONTENT EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT AND WEBSITES ARE PROVIDED NONINFRINGEMENT OF THIRD PARTY RIGHTS. YAOW RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE APP, IN ITS PROPRIETARY FEATURES, FUNCTIONALITY, INTERFACES AND SOURCE CODE. YAOW DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU “AS IS.” REGARDING THE SERVICES PROVIDED THROUGH THIS APP. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT ANY FEATURE OR FUNCTIONALITY IN THE APP OR THE APP ITSELF WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE APP WILL BE CORRECTED OR THAT THE APP WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES. YOU ASSUME ALL RISK FOR USE OF YAOW’S PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO THE APP, AND YOU ARE COMPLETELY RESPONSIBLE FOR TAKING ALL SAFETY AND SECURITY PRECAUTIONS FOR THE USE OF SUCH PRODUCTS AND SERVICES. YAOW, ITS AFFILIATES AND AGENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES FOR LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOST PROFITS OR COSTS OF COVER, WHETHER RESULTING FROM OR CAUSED BY THE APP, THE SOFTWARE, CONTENT, THE USER CONTENT, THE SERVICES PROVIDED THROUGH THIS APP, THIS AGREEMENT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL YAOW BE HELD RESPONSIBLE OR LIABLE TO YOU FOR THE CONDUCT OF THIRD PARTIES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED EURO (100 EUR). IN ANY CASE, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Warranty Disclaimer and Limitation of Liability. 7.1 WE ensure that the computer system used in the Service has the reasonable expected safety standard. 7.2 YOU AGREE ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND WEBSITES ARE SERVICE IS PROVIDED TO YOU “AS IS.” THE ENTIRE RISK AS TO THE FULLEST QUALITY AND PERFORMANCE OF THIS SERVICE IS WITH YOU, INCLUDING BUT NOT LIMITED TO RELATED COST OF ALL NECESSARY SERVICING AND REPAIR. TO THE EXTENT PERMITTED BY LAW, WE AND AMIS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SERVICE OR ANY OTHER INFORMATION OR DOCUMENTATION PROVIDED UNDER THIS AGREEMENT OR FOR THIS SERVICE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF USAGE OR OUT OF COURSE OF PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 7.3 THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THIS SERVICE REMAINS WITH YOU. IN NO EVENT SHALL WE, AMIS, OUR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY AFFILIATES BE LIABLE FOR ANY (I) ERRORSCONSEQUENTIAL, MISTAKESINCIDENTAL, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIALDIRECT, INDIRECT, INCIDENTALSPECIAL, PUNITIVE PUNITIVE, OR CONSEQUENTIAL OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE OR ANY KIND WHATSOEVERPART THEREOF, SUBSTITUTE GOODS EVEN IF WE OR WEBSITES (HOWEVER ARISING) AMIS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY SHALL FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONYOU. 7.4 We and AMIS shall not be responsible for any incorrect or inaccurate information, caused by the internet user or for any of the equipment or programming associated with or utilized in this Service, or for any technical error, or any combination thereof that may occur in the course of the administration of this Service including but not limited to any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, technical problems or traffic congestion on the internet or website, software failure, theft or destruction or unauthorized access to or alteration of entries and any injury or damage to YOUR computer related to or resulting from participating in or downloading any materials in this Service. 7.5 In the event that any prize is provided in Website Event, YOU acknowledge the following: 7.5.1 We accept no responsibility for any tax implications that may arise from YOUR acceptance of the prize. Independent financial advice should be sought by YOU. 7.5.2 A prize, in whole or in part, is not allowed to transfer or exchange and cannot be liquidated unless specified otherwise. 7.5.3 In the event that a prize is not available despite our reasonable endeavors to procure the prize, we reserve the right to substitute a prize of equal recommended retail value, subject to any written directions from a relevant governmental authority. 7.5.4 We accept no responsibility for any subsequent variation in the prize value. 7.5.5 In the event that any failure of a prize winner to take the prize within a certain period of time indicated in the Website Event is deemed a waiver of the right for a prize, and we, on our sole discretion, have the right to decide the substitution method of such prize winner.

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Warranty Disclaimer and Limitation of Liability. YOU AGREE 6.1 CUSTOMER ACKNOWLEDGES AND AGREES THAT YOUR HORTONWORKS SMARTSENSE, AND ANY DATA OR INFORMATION PROVIDED BY THE USE OF SMARTSENSE, IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. NEITHER HORTONWORKS NOR ITS SUPPLIERS MAKES (AND HAS NOT AUTHORIZED ANYONE TO MAKE) ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HORTONWORKS DOES NOT REPRESENT OR WARRANT THAT ANY OF ITS SERVICES, SYSTEMS OR PRODUCTS PREVENT ILLEGAL OR MALICIOUS CONDUCT OF ANY PARTY. 6.2 IN NO EVENT WILL HORTONWORKS, ITS AFFILIATES, ITS VENDORS OR ITS SUPPLIERS BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING UNAUTHORIZED DISCLOSURE, LOSS OF USE OR CORRUPTION OF DATA, DAMAGE TO EQUIPMENT, LOSS OF BUSINESS OR PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, INTERRUPTION OF BUSINESS) OR FOR THE WEBSITE SHALL BE AT YOUR SOLE RISKCOST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF THIS SMARTSENSE AGREEMENT, WHETHER BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), FAILURE OF A REMEDY TO ACCOMPLISH ITS PURPOSE, STRICT LIABILITY OR OTHERWISE, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS SECTION IS INTENDED TO YOU “AS IS.” EXCLUDE OR LIMIT HORTONWORKS’ LIABILITY, TO THE FULLEST EXTENT PERMITTED BY LAWAPPLICABLE LAW DOES NOT PERMIT EXCLUSION OR LIMITATION OF LIABILITY, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY FOR: (I) ERRORS, MISTAKES, DEATH OR INACCURACIES OF CONTENTPERSONAL INJURY, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITEFRAUD, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREINFRAUDULENT MISREPRESENTATION, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OTHER LIABILITY THAT CANNOT BE EXCLUDED OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITELIMITED UNDER APPLICABLE LAW. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY HORTONWORKS SHALL HAVE NO LIABILITY FOR ANY PRODUCT FAILURE OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITESDELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONCustomer acknowledges that Hortonworks would not be able to provide SmartSense and its capabilities without the limitations set forth in this Section 6.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND WEBSITES ARE SOFTWARE IS PROVIDED TO YOU “"AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW", WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED INCLUDING BUT NOT LIMITED TO THE WEBSITEWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ASSUME 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATENONINFRINGEMENT. IN NO EVENT SHALL WE SUPERTOKENS BE LIABLE UNDER FOR ANY CLAIM, LOSS, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORTTORT OR OTHERWISE, STRICT LIABILITYARISING FROM, NEGLIGENCE OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER LEGAL THEORY (I) DEALINGS IN THE SOFTWARE. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY YOU OR ANYONE ELSE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO NOT HOLD SUPERTOKENS LIABLE FOR ANY LOST PROFITS CLAIM, LOSS, DAMAGES OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OTHER LIABILITY ARISING OUT OF OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH NON AVAILABILITY OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS SERVICE OR WEBSITES (HOWEVER ARISING) TERMINATION OF THIS AGREEMENT OR (II) TERMINATION / REVOCATION OF YOUR LICENSE OR REFUSAL TO PROVIDE A LICENSE OR SUPPLY OF AN INFERIOR LICENSE TO YOU UNDER THE TERMS OF THIS AGREEMENT. THE SOFTWARE IS NOT INTENDED FOR ANY DIRECT DAMAGES USE IN EXCESS WHICH THE FAILURE OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY SOFTWARE COULD LEAD TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONDEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Warranty Disclaimer and Limitation of Liability. THE BETA VERSION IS PROVIDED ON AN “AS IS” BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE BETA VERSION, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. XXXXXX SOFTWARE DOES NOT WARRANT THAT THE BETA VERSION WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE, ERROR-FREE OR COMPATIBLE WITH ANY PRODUCT. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE BETA VERSION (“SUPPLIERS”) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE THE BETA VERSION, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE BETA VERSION BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE BETA VERSION. THE ENTIRE LIABILITY OF XXXXXX SOFTWARE AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE BETA VERSION OR ANY BREACH OF THIS BETA AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE BETA VERSION. YOU HEREBY RELEASE XXXXXX SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT YOUR ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE SHALL BETA VERSION OR THIS BETA AGREEMENT MUST BE AT 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 BETA VERSION AND FOR BACKING UP YOUR SOLE RISKDATA AND FILES, AND THAT ALL CONTENT HEREBY RELEASE XXXXXX SOFTWARE AND WEBSITES ARE PROVIDED TO YOU “AS IS.” ITS SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT LOSS OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME NO LIABILITY SUCH DATA OR RESPONSIBILITY FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY (I) ERRORS, MISTAKES, INAPPROPRIATE OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND ILLEGAL USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONBETA VERSION.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE T&Cs, THE WEBSITE SHALL BE AT YOUR SOLE RISK, QUANTUM SYSTEM AND THAT ALL CONTENT AND WEBSITES SUPPORT ARE PROVIDED TO YOU “AS IS.” WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR OFFICERSON BEHALF OF OURSELVES AND LICENSORS AND SUPPLIERS, DIRECTORSEXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY, EMPLOYEESFITNESS FOR PURPOSE, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITESATISFACTORY QUALITY. WE DO NOT WARRANT, ENDORSE, GUARANTEEWARRANT THAT THE QUANTUM SYSTEM WILL MEET YOUR REQUIREMENTS, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT THAT THE QUANTUM SYSTEM OR WEBSITE ADVERTISED THE SUPPORT WILL OPERATE WITHOUT INTERRUPTION, OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, BE ERROR FREE. RESULTS ARE NOT GUARANTEED AND WE WILL NOT BE A PARTY TO, OR IN MAKE NO REPRESENTATION ON THE AVAILABILITY OF THE QUANTUM SYSTEM AND ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATEASSOCIATED SERVICE. IN NO EVENT SHALL WILL WE BE LIABLE UNDER CONTRACTFOR LOST PROFITS, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIALREVENUES, INDIRECT, INCIDENTAL, PUNITIVE EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVERIN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR NONPERFORMORMANCE UNDER THESE T&Cs AND OUR CUMULATIVE AGGREGATE LIABILITY TO YOU, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY WILL BE LIMITED TO DIRECT DAMAGES IN EXCESS AN AMOUNT EQUAL TO TOTAL AMOUNTS PAID UNDER THESE T&Cs DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE ASSERTION OF ANY CLAIM. OUR LIABILITY FOR ALL CLAIMS (IN THE AGGREGATENOT EACH CLAIM) UNDER ANY EVALUATION, BETA OR TRIAL RIGHTS IS LIMITED TO U.S. $1001,000. The following “Uncapped Events” are not subject to the cap or exclusions to direct damages: (a) claims for injury or death resulting from negligence; (b) claims resulting from gross negligence, fraudulent or willful misconduct; (c) breach of confidentiality obligations (except in relation to Input Data and Personal Data for which the cap and exclusions apply). All claims and causes of action must be brought within the earlier of six months of being discovered or one year after expiry or termination of these T&Cs. Nothing precludes a party from seeking declaratory, injunctive, or other equitable relief from a court of competent jurisdiction. THE FOREGOING LIMITATION OF LIABILITY SHALL LIMITATIONS AND EXCLUSIONS APPLY TO ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN RELATION TO OR THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONT&Cs. You will, at your cost and expense, defend our Indemnitees against all Covered Proceedings, and hold them harmless from and pay or reimburse all Covered Liabilities, arising out of out of claims by third parties related to: (a) possession, processing or use of Input Data or Personal Data in relation to these T&Cs, or (b) you or your Authorized Users’ infringement, misappropriation or violation of our or a third party’s IPR (except if caused by or pursuant to your authorized use of the Quantum System). The Indemnitees shall notify the indemnifying party in writing of a claim or other event requiring defense or indemnification promptly upon becoming aware thereof. The indemnifying party shall have the reasonable right to control the defense and/or settlement of each claim and the Indemnitees shall provide reasonable assistance.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE EXCEPT AS MAY BE SET FORTH IN AN APPLICABLE SLA, EARTHLINK DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE DESIGN, CONDITION, QUALITY, CAPACITY OR OTHER ASPECT OF ANY SERVICES, OR ANY COMPONENT THEREOF, INCLUDING, BUT NOT LIMITED TO, SYSTEMS, SOFTWARE, PERSONNEL, PROGRAMMING ASSISTANCE OR CONSULTATION PROVIDED AS PART OF THE WEBSITE SHALL SERVICES, THAT THE SERVICES WILL BE AT YOUR SOLE RISKUNINTERRUPTED, AND ERROR FREE OR FREE OF HARMFUL COMPONENTS, THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” ANY CONTENT, INCLUDING CUSTOMER CONTENT, WILL BE SECURE OR NOT LOST OR DAMAGED, AND, TO THE FULLEST EXTENT PERMITTED NOT PROHIBITED BY LAW, WENON‐ INFRINGEMENT. SERVICE CREDITS UNDER THE APPLICABLE SLA WILL BE THE EXCLUSIVE REMEDY FOR ANY SERVICE DEFECT, OUR OFFICERSSERVICE OUTAGE OR OTHER SLA VIOLATION. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, DIRECTORSINCIDENTAL, EMPLOYEESCONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, AND AGENTS DISCLAIM ALL WARRANTIESWITHOUT LIMITATION, EXPRESS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR IMPLIEDLOSS OF PRIVACY) ARISING FROM OR RELATED TO THE AGREEMENT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE WEBSITE’S CONTENT OR POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARE ASSERTED ON THE CONTENT BASIS OF ANY SITES LINKED TO THE WEBSITECONTRACT, AND ASSUME NO TORT STRICT 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED BASIS IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LAW. 11.1 IN NO EVENT SHALL WE EARTHLINK BE LIABLE UNDER CONTRACTFOR DAMAGES GREATER THAN THE SUM TOTAL OF PAYMENTS MADE BY CUSTOMER TO EARTHLINK DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT FOR WHICH DAMAGES ARE CLAIMED. 11.2 Disclaimer of Actions Caused by and/or Under the Control of Third Parties. EarthLink does not control software, TORTproducts and services or the flow of data and other Content and communications provided or controlled, STRICT LIABILITYin whole or in part, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIALby third Parties. At times, INDIRECTthe actions or inactions of third Parties m a y impair or disrupt the Services and EarthLink does not guarantee that such events will not occur. Accordingly, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONEarthLink and its affiliates disclaim all liability resulting from or related to such third Party risks to the extent not otherwise specifically provided in the Agreement.

Warranty Disclaimer and Limitation of Liability. a. ANY WARRANTIES FOR THE SOFTWARE ARE SUBJECT TO TERMS AGREED AND ENTERED INTO DIRECTLY BETWEEN YOU AGREE THAT YOUR USE OF AND THE WEBSITE SHALL BE AT YOUR SOLE RISKSERVICES PROVIDER OR OTHER THIRD PARTY THROUGH WHICH YOU ACQUIRED THE SOFTWARE. AS BETWEEN YOU AND DEVICE AUTHORITY, AND THAT ALL CONTENT AND WEBSITES ARE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SOFTWARE IS PROVIDED TO YOU ON AN “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAWAND “WITH ALL FAULTS” BASIS, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, WITHOUT WARRANTY OF ANY KIND AND AGENTS DISCLAIM DEVICE AUTHORITY DISCLAIMS ALL WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, IN CONNECTION WITH STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. DEVICE AUTHORITY FURTHER DISCLAIMS ANY WARRANTY OR LIABILITY RELATED TO YOUR CARRIER’S, SERVICE PROVIDER’S OR ANY OTHER THIRD PARTY’S NETWORK, APPLICATION OR SERVICE. DEVICE AUTHORITY CANNOT GUARANTEE AND DOES NOT WARRANT THAT THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OPERATION OF THE WEBSITE’S CONTENT SOFTWARE WILL BE UNITERRUPTED OR ERROR FREE. THE CONTENT SOFTWARE IS NOT DESIGNED, MANUFATURED OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF ANY SITES LINKED WHICH COULD LEAD TO THE WEBSITEDEATH, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE . YOU ASSUME THE RESPONSIBILITY OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS SELECTION OF THE SOFTWARE TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY ACHIEVE YOUR INTENDED RESULTS. b. UNDER NO CIRCUMSTANCES WILL DEVICE AUTHORITY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY LIABLE FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISINGCONSEQUENTIAL, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTALINCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE ARISING IN CONNECTION WITH THIS XXXX OR THE SERVICES,, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWSOEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDNG, WITHOUT LIMITAITON, NEGLIGENCE) EVEN IF DEVICE AUTHORITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS LIMITED REMEDY. c. IN NO EVENT WILL DEVICE AUTHORITY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR WEBSITES IN CONNECTION WITH THIS XXXX OR THE TERMS EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE SOFTWARE OR FIFTY U.S. DOLLARS (HOWEVER ARISING) $50 USD). d. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING EXCLUSION OR LIMITATION OF LIABILITY SHALL FOR CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH AN EVENT THE FULLEST ABOVE LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. e. NOTHING IN THIS XXXX SHALL LIMIT OR EXCLUDE DEVICE AUTHORITY’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW IN THE APPLICABLE JURISDICTIONLAW.

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE AND CUSTOMER SUPPORT IS PROVIDED ON AN "AS IS" BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWARE AND CUSTOMER SUPPORT, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT . XXXXXX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE, ERROR-FREE OR COMPATIBLE WITH ANY PRODUCT. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE OR CUSTOMER SUPPORT ("SUPPLIERS") SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES 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 CUSTOMER SUPPORT 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 EXCESS OF THIS LIMITATION. YOU AGREE THAT YOUR ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE SHALL SOFTWARE OR THIS AGREEMENT MUST BE AT 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 SOFTWARE AND FOR BACKING UP YOUR SOLE RISKDATA AND FILES, AND THAT ALL CONTENT HEREBY RELEASE XXXXXX SOFTWARE AND WEBSITES ARE PROVIDED TO YOU “AS IS.” ITS SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT LOSS OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME NO LIABILITY SUCH DATA OR RESPONSIBILITY FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY (I) ERRORS, MISTAKES, INAPPROPRIATE OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND ILLEGAL USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONSOFTWARE.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE EXCEPT FOR ANY WARRANTIES EXPLICITLY SET FORTH HEREIN OR IN ANY OF THE WEBSITE SHALL BE AT YOUR SOLE RISKOTHER TRANSACTION AGREEMENTS, SIPEX AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SILAN DISCLAIM ALL WARRANTIES, EXPRESS WHETHER EXPRESS, STATUTORY, OR IMPLIED, FOR ANY TECHNOLOGY, TECHNICAL INFORMATION, OR ANY OTHER INFORMATION OR MATERIALS, OR ANY PART THEREOF, PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EXCEPT FOR ANY WARRANTIES EXPLICITLY SET FORTH HEREIN OR IN ANY OF THE OTHER TRANSACTION AGREEMENTS, SIPEX AND SILAN EXPRESSLY DISCLAIM ANY WARRANTY THAT THE OTHER PARTY'S USE OF TECHNOLOGY WILL NOT INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. NEITHER SIPEX NOR SILAN AUTHORIZE ANY PERSON TO ASSUME FOR EITHER OF THEM ANY LIABILITIES IN CONNECTION WITH THIS AGREEMENT. THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME NO LIMITATIONS ON LIABILITY OR RESPONSIBILITY FOR ANY SET FORTH IN THESE SECTIONS 6.6 (c)-(e) SHALL (I) ERRORS, MISTAKES, APPLY ONLY TO THOSE MATTERS FOR WHICH A LIMITATION OF LIABILITY IS NOT OTHERWISE EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT OR INACCURACIES OF CONTENT, ANY OTHER TRANSACTION AGREEMENT AND (II) PERSONAL INJURY NOT APPLY TO SILAN'S OR PROPERTY DAMAGE, OF SIPEX'S INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS OTHER TRANSACTION AGREEMENTS OR TO SILAN'S OR USE SIPEX'S MATERIAL BREACH OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATEArticle 4. IN NO EVENT SHALL WE EITHER PARTY BE LIABLE UNDER TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORTTORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY OTHERWISE. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE PARTY AGAINST WHOM LIABILITY IS ASSERTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE TOTAL AGGREGATE LIABILITY OF SILAN ARISING OUT OF OR RELATING TO THE PRODUCTION EQUIPMENT SALE AGREEMENT SHALL BE AMOUNTS PAID OR PAYABLE TO SIPEX UNDER SUCH AGREEMENT. THE TOTAL AGGREGATE LIABILITY OF SIPEX ARISING OUT OF OR RELATING TO (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR THE PRODUCTION EQUIPMENT SALE AGREEMENT SHALL BE AMOUNTS PAID BY SILAN UNDER SUCH AGREEMENT; (II) FOR ANY DIRECT DAMAGES IN EXCESS OF THE PTTLA SHALL BE AMOUNTS PAID OR PAYABLE BY SILAN THEREUNDER; (IN III) THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY PRODUCT LICENSE AGREEMENT SHALL APPLY BE AMOUNTS PAID TO SIPEX THEREUNDER WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAW IN PRODUCT THAT GIVES RISE TO SUCH LIABILITY; AND (IV), THE APPLICABLE JURISDICTIONWAFER SUPPLY AGREEMENT, THE AMOUNTS PAID OR PAYABLE TO SILAN THEREUNDER WITH RESPECT TO THE PRODUCT THAT GIVES RISE TO SUCH LIABILITY.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISKPORTAL, AND THAT INCLUDING ALL CONTENT AND WEBSITES ARE PORTAL CONTENT, IS PROVIDED TO YOU “ON AN "AS IS.” " BASIS WITH NO WARRANTY OF ANY KIND. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, KA DISCLAIMS ALL REPRESENTATIONS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED RESPECT TO THE WEBSITEPORTAL AND THE PORTAL CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND ASSUME NO LIABILITY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR RESPONSIBILITY FOR ANY (I) ERRORSCOURSE OF PERFORMANCE. IN ADDITION, MISTAKESKA DOES NOT REPRESENT OR WARRANT THAT THE PORTAL WILL BE AVAILABLE OR THAT THE INFORMATION ACCESSIBLE VIA THE PORTAL IS ACCURATE, COMPLETE OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITECURRENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE KA WILL NOT BE A PARTY TOLIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT KA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE AN ACTION UNDER CONTRACT, TORT, STRICT LIABILITYOR ANY OTHER THEORY, NEGLIGENCE ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER LEGAL THEORY MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE PORTAL OR PORTAL CONTENT AVAILABLE FROM THE PORTAL OR ANY LOSS, PERSONAL INJURY, PROPERTY DAMAGE, BUSINESS INTERRUPTION OR OTHER DAMAGES IN CONNECTION THEREWITH. WITHOUT LIMITING THE FOREGOING, KA’S LIABILITY IN CONNECTION WITH THE USE OF THE PORTAL, THE PORTAL CONTENT OR THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT PAID BY USER FOR THE LICENSE TO ACCESS AND USE THE PORTAL UNDER THIS AGREEMENT, AND IN NO EVENT SHALL SUCH LIABILITY EXCEED FIVE HUNDRED DOLLARS (I) FOR $500). THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES FAILURE OF ESSENTIAL PURPOSE OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONLIMITED REMEDY.

Warranty Disclaimer and Limitation of Liability. YOU AGREE 5.1 END USER ACKNOWLEDGES THAT YOUR USE THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF THE WEBSITE SHALL BE AT YOUR SOLE RISKANY KIND, EXPRESS OR IMPLIED, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL TELEDYNE SP DEVICES MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR SATISFACTORY QUALITY OR CONDITION OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY TELEDYNE SP DEVICES OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE PROPERLY IN COMBINATION WITH OTHER FUNCTIONALITY, CORES, SOFTWARE OR PROTOCOLS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS OR DEFECTS IN THE SOFTWARE ARE CAPABLE OF BEING CORRECTED . YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. 5.2 YOU ACKNOWLEDGE THAT USE OF THE SOFTWARE IN COMBINATION WITH OTHER FUNCTIONALITY, CORES, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES FROM THIRD PARTIES AND YOU ACCEPT SOLE RESPONSIBILITY FOR OBTAINING SUCH LICENSES. 5.3 THE LICENSED MATERIALS ARE NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE-SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, “CRITICAL APPLICATIONS”). FURTHERMORE, THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN ANY APPLICATIONS THAT AFFECT CONTROL OF A VEHICLE OR AIRCRAFT. YOU AGREE, PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT INCORPORATE THE SOFTWARE, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE SOLE RISK AND LIABILITY OF ANY USE OF THE LICENSED MATERIALS IN CRITICAL APPLICATIONS. 5.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TELEDYNE SP DEVICES DOES NOT INDEMNIFY, NOR HOLD END USER HARMLESS, AGAINST ANY LIABILITIES, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEY’S FEES) RELATING TO ANY CLAIMS WHATSOEVER ARISING UDER, RELATED TO, ON IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATETHIS LICENSE. IN NO EVENT SHALL WE TELEDYNE SP DEVICES OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE INDIRECT OR CONSEQUENTIAL DAMAGES DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT, LOST DATA, GOODWILL OR COST OF ANY KIND WHATSOEVER, PROCUREMENT OF SUBSTITUTE GOODS OR WEBSITES SERVICES AND THE LIKE, DUE TO ANY CAUSE WHATSOEVER. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST TELEDYNE SP DEVICES MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS ACCRUED. IN NO EVENT SHALL THE ACCRUED TOTAL LIABILITY OF TELEDYNE SP DEVICES FROM ANY LAWSUIT, CLAIM, WARRANTY OR INDEMNITY EXCEED THE AGGREGATE SUM PAID TO SP BY END USER UNDER THE ORDER THAT GIVES RISE TO SUCH LAWSUIT, CLAIM, WARRANTY OR INDEMNITY. THIS LIMITATION AND EXCLUSIONS SHALL APPLY EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE OR IF TELEDYNE SP DEVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES HEREIN. NOTWITHSTANDING ANY OTHER PROVISION OF THIS LICENSE, NEITHER PARTY EXCLUDES OR LIMITS ITS LIABILITY IN ANY WAY FOR ANY MATTER THAT CANNOT, AS A MATTER OF APPLICABLE LAW, BE LIMITED OR EXCLUDED, WHICH SHALL INCLUDE FRAUD (HOWEVER ARISINGINCLUDING FRAUDULENT MISREPRESENTATION) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. THE FOREGOING PARTIES AGREE THAT THIS SECTION 5.2 (LIMITATION OF LIABILITY SHALL APPLY TO LIABILITY) REPRESENTS AN ALLOCATION OF RISK WHICH THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONPARTIES CONSIDER REASONABLE.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE (a) EXCEPT TO THE EXTENT OF THE WEBSITE SHALL BE AT YOUR SOLE RISKWARRANTY MADE ABOVE, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL VISTEON MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE BUT NOT OF LIMITATION, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE VISTEON MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FITNESS FOR ANY (I) ERRORSPARTICULAR PURPOSE. VISTEON SHALL IN NO EVENT BE LIABLE TO ACH, MISTAKESITS SUCCESSORS, OR INACCURACIES A THIRD PARTY FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR GENERAL, CONSEQUENTIAL OR INCIDENTAL, ARISING FROM ANY LOSS CLAIMED AS A RESULT OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND ACH'S USE OF THE WEBSITEINTELLECTUAL PROPERTY RIGHTS ASSIGNED HEREUNDER. (b) VISTEON MAKES NO WARRANTY OR REPRESENTATION THAT THE INTELLECTUAL PROPERTY RIGHTS ASSIGNED HEREUNDER CAN BE USED FOR ANY PARTICULAR FUNCTION OR THAT ACH HAS THE ABILITY TO USE THEM. VISTEON ASSUMES NO RESPONSIBILITY FOR THE SAFETY, (III) ANY UNAUTHORIZED ACCESS TO QUALITY, DESIGN, SPECIFICATIONS, COMPLETENESS, ACCURACY OR OTHER CHARACTERISTICS OF THE PERFORMANCE, OUTPUT OR END PRODUCT RESULTING FROM THE USE OF OUR SERVERS AND/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 ACH BY VISTEON AGAINST ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION CLAIM OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A INFRINGEMENT OF OTHER THIRD PARTY THROUGH INTELLECTUAL PROPERTY RIGHTS, WHETHER OR NOT THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS RIGHT GRANTED HEREIN NECESSARILY EMPLOYS OR WEBSITES (HOWEVER ARISING) REQUIRES THE PRACTICE OF ANY SUCH EXISTING OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONSUBSEQUENTLY CREATED THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

Warranty Disclaimer and Limitation of Liability. YOU AGREE 5.1 END USER ACKNOWLEDGES THAT YOUR USE THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF THE WEBSITE SHALL BE AT YOUR SOLE RISKANY KIND, EXPRESS OR IMPLIED, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL SP DEVICES MAKES NO ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY SP DEVICES OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES SOFTWARE WILL MEET END USER’S REQUIREMENTS OR REPRESENTATIONS ABOUT THAT THE ACCURACY OR COMPLETENESS OPERATION OF THE WEBSITE’S CONTENT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. END USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE CONTENT OF ANY SITES LINKED TO THE WEBSITEINSTALLATION, USE AND ASSUME 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR RESULTS OBTAINED FROM THE WEBSITESOFTWARE. 5.2 SP DEVICES DOES NOT INDEMNIFY, AND/OR NOR HOLD END USER HARMLESS, AGAINST ANY LIABILITIES, LOSSES, DAMAGES AND EXPENSES (IVINCLUDING ATTORNEY’S FEES) RELATING TO ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATECLAIMS WHATSOEVER. IN NO EVENT SHALL WE SP DEVICES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE INCIDENTAL OR CONSEQUENTIAL DAMAGES DAMAGES, INCLUDING LOST PROFIT, LOST DATA AND THE LIKE, DUE TO ANY CAUSE WHATSOEVER. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST SP DEVICES MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS ACCRUED. IN NO EVENT SHALL THE ACCRUED TOTAL LIABILITY OF SP DEVICES FROM ANY KIND WHATSOEVERLAWSUIT, SUBSTITUTE GOODS CLAIM, WARRANTY OR WEBSITES (HOWEVER ARISING) INDEMNITY EXCEED THE AGGREGATE SUM PAID TO SP BY END USER UNDER THE ORDER THAT GIVES RISE TO SUCH LAWSUIT, CLAIM, WARRANTY OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONINDEMNITY.

Warranty Disclaimer and Limitation of Liability. YOU AGREE 6.1 CUSTOMER ACKNOWLEDGES AND AGREES THAT YOUR HORTONWORKS SMARTSENSE, AND ANY DATA OR INFORMATION PROVIDED BY THE USE OF SMARTSENSE, IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. NEITHER HORTONWORKS NOR ITS SUPPLIERS MAKES (AND HAS NOT AUTHORIZED ANYONE TO MAKE) ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. 6.2 IN NO EVENT WILL HORTONWORKS, ITS AFFILIATES, ITS VENDORS OR ITS SUPPLIERS BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING UNAUTHORIZED DISCLOSURE, LOSS OF USE OR CORRUPTION OF DATA, DAMAGE TO EQUIPMENT, LOSS OF BUSINESS OR PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, INTERRUPTION OF BUSINESS) OR FOR THE WEBSITE SHALL BE AT YOUR SOLE RISKCOST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), FAILURE OF A REMEDY TO ACCOMPLISH ITS PURPOSE, STRICT LIABILITY OR OTHERWISE, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS SECTION IS INTENDED TO YOU “AS IS.” EXCLUDE OR LIMIT HORTONWORKS’ LIABILITY, TO THE FULLEST EXTENT PERMITTED BY LAWAPPLICABLE LAW DOES NOT PERMIT EXCLUSION OR LIMITATION OF LIABILITY, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY FOR: (I) ERRORS, MISTAKES, DEATH OR INACCURACIES OF CONTENTPERSONAL INJURY, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITEFRAUD, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREINFRAUDULENT MISREPRESENTATION, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OTHER LIABILITY THAT CANNOT BE EXCLUDED OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITELIMITED UNDER APPLICABLE LAW. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY . HORTONWORKS SHALL HAVE NO LIABILITY FOR ANY PRODUCT FAILURE OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITESDELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONCustomer acknowledges that Hortonworks would not be able to provide SmartSense and its capabilities without the limitations set forth in this Section 6.

Warranty Disclaimer and Limitation of Liability. YOU AGREE 6.1 CUSTOMER ACKNOWLEDGES AND AGREES THAT YOUR HORTONWORKS SMARTSENSE, AND ANY DATA OF INFORMATION PROVIDED BY THE USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISKSMARTSENSE, IS PROVIDED “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. NEITHER HORTONWORKS NOR ITS SUPPLIERS MAKES (AND HAS NOT AUTHORIZED ANYONE TO MAKE) ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. 6.2 IN NO EVENT WILL HORTONWORKS, ITS AFFILIATES, AND ITS VENDORS AND SUPLLIERS BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE OR CORRUPTION OF DATA, DAMAGE TO EQUIPMENT, LOSS OF BUSINESS OR PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), FAILURE OF A REMEDY TO ACCOMPLISH ITS PURPOSE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” APPLICABLE LAW DOES NOT ALLOW FOR NO LIABILITY FOR TRANSACTIONS OF THIS KIND, HORTONWORKS SHALL NOT BE LIABLE FOR ANY DAMAGES TO THE FULLEST EXTENT PERMITTED BY SUCH LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONCustomer acknowledges that Hortonworks would not be able to provide SmartSense and its capabilities without the limitations set forth in Section 6 herein.

Warranty Disclaimer and Limitation of Liability. THE SOFTWARE AND CUSTOMER SUPPORT IS PROVIDED ON AN “AS IS” BASIS. XXXXXX SOFTWARE DISCLAIMS AS FAR AS LEGALLY PERMISSIBLE ALL WARRANTIES RELATING TO THE SOFTWARE AND CUSTOMER SUPPORT, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. XXXXXX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE, ERROR-FREE OR COMPATIBLE WITH ANY PRODUCT. NEITHER XXXXXX SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE OR CUSTOMER SUPPORT (“SUPPLIERS”) SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF XXXXXX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES 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 (SUBJECT TO THE RIGHTS FOR THIRD PARTY RIGHTS INFRINGEMENT ACCORDING TO SECTION 11 WHICH SHALL NOT BE AFFECTED), WITH RESPECT TO THE USE OF THE SOFTWARE OR CUSTOMER SUPPORT 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 EXCESS OF THIS LIMITATION. YOU AGREE THAT YOUR ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE SHALL SOFTWARE OR THIS AGREEMENT MUST BE AT 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 SOFTWARE AND FOR BACKING UP YOUR SOLE RISKDATA AND FILES, AND THAT ALL CONTENT HEREBY RELEASE XXXXXX SOFTWARE AND WEBSITES ARE PROVIDED TO YOU “AS IS.” ITS SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT LOSS OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME NO LIABILITY SUCH DATA OR RESPONSIBILITY FILES. XXXXXX SOFTWARE IS NOT LIABLE FOR ANY (I) ERRORS, MISTAKES, INAPPROPRIATE OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND ILLEGAL USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SOFTWARE. BEFORE YOU INSTALL THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENTSOFTWARE, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARE OBLIGED TO SECURLY SAVE A BACKUP COPY OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OTHER SOFTWARE AND DATA. BEFORE YOU USE THE SOFTWARE SAVE A COPY OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONDATA YOU ARE USING IT ON.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISKMEDINFORMATIX SDK, ASSOCIATED MEDINFORMATIX SOFTWARE, AND THAT ALL CONTENT AND WEBSITES FHIR API ARE PROVIDED TO YOU ON AN “AS IS.” BASIS AND WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR MEDINFORMATIX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, INFORMATION PROVIDERS AND AGENTS SUPPLIERS DISCLAIM ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS INCLUDING WITHOUT LIMITATION ANY WARRANTY OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITEMERCHANTABILITY, AND ASSUME NO LIABILITY OR RESPONSIBILITY FITNESS FOR ANY (I) ERRORSA PARTICULAR PURPOSE, MISTAKESTITLE, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRDNON-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATEINFRINGEMENT. IN NO EVENT SHALL WE WILL MEDINFORMATIX BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) TO DEVELOPER FOR ANY LOST PROFITS OR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, INCIDENTALPUNITIVE, PUNITIVE ENHANCED OR CONSEQUENTIAL EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF USE, DATA OR PROFITS HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR MEDINFORMATIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEVELOPER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MEDINFORMATIX SDK, ASSOCIATED MEDINFORMATIX SOFTWARE, AND FHIR API. NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF MEDINFORMATIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, INFORMATION PROVIDERS AND/OR SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY DEVELOPER FOR THE USE OF THE PARTICULAR TECHNOLOGY, SOFTWARE, PRODUCT, INFORMATION OR SERVICE PROVIDED BY MEDINFORMATIX . THESE LIMITATIONS WILL SURVIVE AND APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONLIMITED REMEDY PROVIDED HEREIN.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR (a) CUSTOMER USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISKSPACE, IBX, LICENSE, EQUIPMENT, AND THAT ANY AND ALL CONTENT OF EQUINIX'S SERVICES, INCLUDING BUT NOT LIMITED TO ANY INTERCONNECTION, ARE AT CUSTOMER'S OWN RISK. EQUINIX PROVIDES THE LICENSE, IBX, SPACE, AND WEBSITES ARE PROVIDED TO YOU “ANY AND ALL SERVICES HEREIN ON AN "AS IS, AS AVAILABLE" BASIS AND EQUINIX MAKES NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.” (b) NOTWITHSTANDING ANYTHING TO THE FULLEST EXTENT PERMITTED BY LAWCONTRARY, WEEXCEPT FOR BODILY INJURY OF A PERSON, OUR OFFICERSNEITHER EQUINIX NOR ANY OF ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), DIRECTORS, EMPLOYEESOFFICERS, AFFILIATES, SUBSIDIARIES, AGENTS, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES (COLLECTIVELY, "EQUINIX AFFILIATES") SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND AGENTS DISCLAIM ALL WARRANTIESCONDITIONS RELATED THERETO UNDER ANY CONTRACT, EXPRESS TORT, STRICT LIABILITY OR IMPLIEDOTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES SERVICES OR REPRESENTATIONS ABOUT THE ACCURACY TECHNOLOGY OR COMPLETENESS FOR RELOCATION EXPENSES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS; OR (C) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL, EVEN IF ANY OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME 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 EQUINIX AFFILIATES HAS BEEN ADVISED OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO POSSIBILITY OF SUCH LOSS OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATEDAMAGE. IN NO EVENT SHALL WE ANY OF THE EQUINIX AFFILIATES BE LIABLE UNDER EITHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE LIABILITY OR OTHER LEGAL THEORY (I) THEORY, FOR PROTECTION FROM UNAUTHORIZED ACCESS TO CUSTOMER'S TRANSMISSION FACILITIES OR THE EQUIPMENT, OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS OR OTHER INFORMATION, WHETHER THROUGH ACCIDENT, THIRD PARTY OR CUSTOMER FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD OR MEANS, EVEN IF ANY OF THE EQUINIX AFFILIATES HAVE ASSISTED CUSTOMER WITH ACCESS MANAGEMENT FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO, ACCESS LISTS AND FIREWALLS. WITHOUT LIMITING THE FOREGOING, EQUINIX AFFILIATES' TOTAL LIABILITY FOR DAMAGES TO CUSTOMER FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND CAUSE WHATSOEVER, SUBSTITUTE GOODS REGARDLESS OF THE FORM OF ACTION, AND WHETHER IN Agreement No._________________________ CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY OTHER THEORY SHALL APPLY BE LIMITED TO THE FULLEST EXTENT PERMITTED AGGREGATE MONTHLY CHARGES PAID BY LAW IN CUSTOMER TO EQUINIX HEREUNDER DURING THE APPLICABLE JURISDICTIONTHREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO CUSTOMER'S CLAIM.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE 16.1 EXCEPT AS SPECIFICALLY PROVIDED, ZIP MAKES NO WARRANTIES OF ANY KIND IN CONNECTION WITH ITS NETWORK, CONNECTIONS, EQUIPMENT, FACILITIES OR SERVICE, AS CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WEBSITE SHALL BE AT YOUR SOLE RISKWARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” SUCH REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND ARE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEHEREBY EXCLUDED. 16.2 ZIP WILL NOT BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR ANY INDIRECT, OUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, REGARDLESS OF THE FORESEEABILITY THEREOF, ARISING OUT OF THE PROVISION OF SERVICE OR IN ANY WAY ARISING OUT OF THIS AGREEMENT AND ANY RELATED AGREEMENTS. CLIENT’S EXCLUSIVE REMEDY AND ZIP’S LIABILTY, IF ANY, FOR DAMAGES FOR ANY CAUSE WHATSOEVER, WILL BE NO MORE THAN THE RECURRING CHARGES PAID BY CLIENT FOR THE AFFECTED SERVICE FOR THE ONE MONTH PRECEDING THE EVENT ALLEGED TO HAVE CAUSED THE DAMAGES. 16.3 CLIENT MUST INSTITUTE ANY LEGAL ACTION ARISING IN CONNECTION WITH THIS AGREEMENT WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES. 16.4 FOR THE PURPOSE OF THIS SECTION, “ZIP” INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AGENTS DISCLAIM ALL WARRANTIESAFFILIATES. 16.5 IN ADDITION TO ANY OTHER INDEMNITIES CONTAINED IN THIS AGREEMENT, EXPRESS OR IMPLIEDCLIENT SHALL INDEMNIFY AND DEFEND ZIP, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITEITS AFFILIATES, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORSEACH OF THEIR SHAREHOLDERS, MISTAKESDIRECTORS, OR INACCURACIES OF CONTENTOFFICERS, (II) PERSONAL INJURY OR PROPERTY DAMAGEEMPLOYEES, OF ANY NATURE WHATSOEVERAGENTS, CONTRACTORS, LICENSORS AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE LEGAL FEES, RESULTING FROM YOUR ACCESS TO AND USE ANY ACTION, INACTION OR BREACH OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED THIS AGEEMENT BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER CLIENT OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100USERS. THE FOREGOING LIMITATION PROVISIONS OF LIABILITY THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONSURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF (a) THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND WEBSITES ARE AXE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN “AS AS-IS.” BASIS. ALTOVA PROVIDES NO TECHNICAL SUPPORT OR WARRANTIES FOR THE AXE SOFTWARE. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, WEALTOVA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, OUR OFFICERSWHETHER EXPRESS, DIRECTORSIMPLIED OR OTHERWISE, EMPLOYEESINCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; SATISFACTORY QUALITY, INFORMATIONAL CONTENT, OR ACCURACY, QUIET ENJOYMENT, TITLE, AND AGENTS DISCLAIM NON- INFRINGEMENT. ALTOVA DOES NOT WARRANT THAT THE AXE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE AXE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE DATE OF INSTALLATION OR USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH SO THE WEBSITE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOUR USE THEREOFYOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS AND ADEQUACY OF THE WEBSITE’S CONTENT OR THE CONTENT OF SOFTWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS ALTOVA FROM ANY SITES LINKED 3RD PARTY SUIT TO THE WEBSITEEXTENT BASED UPON THE ACCURACY AND ADEQUACY OF THE SOFTWARE IN YOUR USE. WITHOUT LIMITATION, AND ASSUME NO LIABILITY OR RESPONSIBILITY THE SOFTWARE IS NOT INTENDED FOR ANY (I) ERRORSUSE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, MISTAKESAIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT, OR INACCURACIES OF CONTENTWEAPONS SYSTEMS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE WHERE THE FAILURE OF THE WEBSITESOFTWARE COULD LEAD TO DEATH, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSESPERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. (b) TO THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE ALTOVA OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY KIND WHATSOEVEROTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE AXE SOFTWARE, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS PROVISION OF (IN THIS XSLT/XQuery-DLA, EVEN IF ALTOVA HAS BEEN ADVISED OF THE AGGREGATE) $100POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION WHERE LEGALLY, LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, XXXXXX’S LIABILITY AND THAT OF LIABILITY ITS SUPPLIERS SHALL APPLY BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.SUM OF FIFTY DOLLARS (USD. $50)

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF (a) THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND WEBSITES SOFTWARE AND/OR DOCUMENTATION ARE PROVIDED TO YOU FREE OF CHARGE, AND ON AN “AS AS-IS.” BASIS. ALTOVA PROVIDES NO TECHNICAL SUPPORT OR WARRANTIES FOR THE SOFTWARE AND/OR DOCUMENTATION. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, WEALTOVA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, OUR OFFICERSWHETHER EXPRESS, DIRECTORSIMPLIED OR OTHERWISE, EMPLOYEESINCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; SATISFACTORY QUALITY, INFORMATIONAL CONTENT, OR ACCURACY, QUIET ENJOYMENT, TITLE, AND AGENTS DISCLAIM NON- INFRINGEMENT. ALTOVA DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE DATE OF INSTALLATION OR USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH SO THE WEBSITE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOUR USE THEREOFYOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS AND ADEQUACY OF THE WEBSITE’S CONTENT OR THE CONTENT OF SOFTWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS ALTOVA FROM ANY SITES LINKED 3RD PARTY SUIT TO THE WEBSITE, EXTENT BASED UPON THE ACCURACY AND ASSUME 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 ADEQUACY OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS SOFTWARE AND/OR ANY AND ALL INFORMATION STORED THEREINDOCUMENTATION IN YOUR USE. WITHOUT LIMITATION, (IV) ANY INTERRUPTION OR CESSATION THE SOFTWARE IS NOT INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL- SAFE CONTROLS INCLUDING WITHOUT LIMITATION THE OPERATION OF TRANSMISSION TO OR FROM THE WEBSITENUCLEAR FACILITIES, AND/OR (IV) ANY BUGSAIRCRAFT NAVIGATION, VIRUSESCOMMUNICATION SYSTEMS, TROJAN HORSESAIR TRAFFIC CONTROL, LIFE SUPPORT, OR WEAPONS SYSTEMS, WHERE THE LIKE THAT MAY BE TRANSMITTED FAILURE OF THE SOFTWARE COULD LEAD TO OR THROUGH THE WEBSITE. WE DO NOT WARRANTDEATH, ENDORSE, GUARANTEEPERSONAL INJURY, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT SEVERE PHYSICAL OR WEBSITE ADVERTISED OR OFFERED ENVIRONMENTAL DAMAGE. (b) TO THE MAXIMUM EXTENT PERMITTED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISINGAPPLICABLE LAW, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE ALTOVA OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY KIND WHATSOEVEROTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE AND/OR DOCUMENTATION, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS PROVISION OF (IN THIS DLA, EVEN IF ALTOVA HAS BEEN ADVISED OF THE AGGREGATE) $100POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION WHERE LEGALLY, LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, ALTOVA’S LIABILITY AND THAT OF LIABILITY ITS SUPPLIERS SHALL APPLY BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.SUM OF FIVE DOLLARS (USD. $5.00)

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISKSDK AND ALL ASSOCIATED DOCUMENTATION, LIBRARIES, AND THAT ALL CONTENT AND WEBSITES SAMPLE CODE ARE PROVIDED TO YOU “ON AN "AS IS.” " BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEPLENOM DISCLAIMS ALL WARRANTIES AND CONDITIONS, OUR OFFICERSEXPRESS, DIRECTORSIMPLIED, EMPLOYEESSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, RESULTS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION NON-INFRINGEMENT. PLENOM EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE SDK, AND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSESSDK, OR THE LIKE THAT MAY QUALITY OR CONSISTENCY OF THE SDK OR RESULTS OBTAINED THROUGH ITS USE. UNDER NO CIRCUMSTANCES WILL PLENOM BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY LIABLE FOR ANY PRODUCT CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR WEBSITE ADVERTISED PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR OFFERED BY A THIRD PARTY THROUGH INABILITY TO USE THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISINGSDK, EVEN IF PLENOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WE WILL NOT BE A PARTY TO, OR IN NOTWITHSTANDING ANY WAY BE RESPONSIBLE FOR, MONITORING FAILURE OF ESSENTIAL PURPOSE OF ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATELIMITED REMEDY. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACTWILL PLENOM'S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT OR THE TERMS EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE SDK, TORTIF ANY, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS $50USD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE THE EXCLUSION OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH AN EVENT THE FULLEST ABOVE LIMITATIONS AND EXCLUSIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE UNDER APPLICABLE JURISDICTIONLAW.

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Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE (a) EXCEPT TO THE EXTENT OF THE WEBSITE SHALL BE AT YOUR SOLE RISKREPRESENTATION AND WARRANTY MADE ABOVE, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL FORD MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE BUT NOT OF LIMITATION, FORD MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FORD SHALL IN CONNECTION WITH NO EVENT BE LIABLE TO VASTERA, ITS SUCCESSORS, OR A THIRD PARTY FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR GENERAL, CONSEQUENTIAL OR INCIDENTAL, ARISING FROM ANY LOSS CLAIMED AS A RESULT OF VASTERA'S USE OF INFORMATION TECHNOLOGY. (b) FORD MAKES NO WARRANTY OR REPRESENTATION THAT INFORMATION TECHNOLOGY CAN BE USED FOR ANY PARTICULAR FUNCTION OR THAT VASTERA HAS THE WEBSITE AND YOUR ABILITY TO USE THEREOFIT. WE MAKE FORD ASSUMES NO WARRANTIES OR REPRESENTATIONS ABOUT RESPONSIBILITY FOR THE SAFETY, QUALITY, DESIGN, SPECIFICATIONS, COMPLETENESS, ACCURACY OR COMPLETENESS OTHER CHARACTERISTICS OF THE WEBSITE’S CONTENT PERFORMANCE, OUTPUT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, END PRODUCT RESULTING FROM YOUR ACCESS TO AND THE USE OF INFORMATION TECHNOLOGY. VASTERA'S USE OF THE WEBSITELICENSED SOFTWARE WILL NOT DIMINISH VASTERA'S OBLIGATIONS OR MITIGATE ANY FAILURES TO PERFORM SPECIFIC SERVICES UNDER ANY PURCHASE ORDER CONTRACTS ISSUED TO VASTERA BY FORD. (c) EXCEPT TO THE EXTENT OF THE REPRESENTATION, (III) WARRANTY AND INDEMNITY PROVIDED ABOVE, NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS CONFERRING BY IMPLICATION, ESTOPPEL OR OTHERWISE THE INDEMNIFICATION OF VASTERA BY FORD AGAINST ANY UNAUTHORIZED ACCESS TO OR USE CLAIM OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION INFRINGEMENT OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A OTHER THIRD PARTY THROUGH INTELLECTUAL PROPERTY RIGHTS, WHETHER OR NOT THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS RIGHT GRANTED HEREIN NECESSARILY EMPLOYS OR WEBSITES (HOWEVER ARISING) REQUIRES THE PRACTICE OF ANY SUCH EXISTING OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONSUBSEQUENTLY CREATED THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE (a) EXCEPT TO THE EXTENT OF THE WEBSITE SHALL BE AT YOUR SOLE RISKWARRANTY MADE ABOVE, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL VISTEON MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE BUT NOT OF LIMITATION, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE VISTEON MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FITNESS FOR ANY (I) ERRORSPARTICULAR PURPOSE. VISTEON SHALL IN NO EVENT BE LIABLE TO FORD, MISTAKESITS SUCCESSORS, OR INACCURACIES A THIRD PARTY FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR GENERAL, CONSEQUENTIAL OR INCIDENTAL, ARISING FROM ANY LOSS CLAIMED AS A RESULT OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND FORD'S USE OF THE WEBSITEINTELLECTUAL PROPERTY RIGHTS ASSIGNED HEREUNDER. (b) VISTEON MAKES NO WARRANTY OR REPRESENTATION THAT THE INTELLECTUAL PROPERTY RIGHTS ASSIGNED HEREUNDER CAN BE USED FOR ANY PARTICULAR FUNCTION OR THAT FORD HAS THE ABILITY TO USE THEM. VISTEON ASSUMES NO RESPONSIBILITY FOR THE SAFETY, (III) ANY UNAUTHORIZED ACCESS TO QUALITY, DESIGN, SPECIFICATIONS, COMPLETENESS, ACCURACY OR OTHER CHARACTERISTICS OF THE PERFORMANCE, OUTPUT OR END PRODUCT RESULTING FROM THE USE OF OUR SERVERS AND/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 FORD BY VISTEON AGAINST ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION CLAIM OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A INFRINGEMENT OF OTHER THIRD PARTY THROUGH INTELLECTUAL PROPERTY RIGHTS, WHETHER OR NOT THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS RIGHT GRANTED HEREIN NECESSARILY EMPLOYS OR WEBSITES (HOWEVER ARISING) REQUIRES THE PRACTICE OF ANY SUCH EXISTING OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONSUBSEQUENTLY CREATED THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE Customer further acknowledges and agrees that the data and services: (i) are not guaranteed and that neither Experian, Reseller nor their collective sources, officers, employees, independent contractors nor agents will be liable to the Customer for any loss or damage based on any errors or omissions there from; (ii) are subject to the following exclusion of warranty. EXPERIAN, RESELLER AND THEIR COLLECTIVE SOURCES DO NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE SERVICES, DATA OR THE MEDIA ON WHICH THE DATA IS PROVIDED AND SHALL NOT BE AT YOUR SOLE RISKLIABLE TO CUSTOMER FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY RESELLER’S, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAWEXPERIAN’S OR THEIR COLLECTIVE SOURCES’ ACTS OR OMISSIONS, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS WHETHER NEGLIGENT OR IMPLIEDOTHERWISE, IN CONNECTION WITH PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERY THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES DATA OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATESERVICES. IN NO EVENT SHALL WE RESELLER, EXPERIAN OR THEIR COLLECTIVE SOURCES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE TO CUSTOMER OR OTHER LEGAL THEORY (I) ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT, AND HOWEVER CAUSED, EVEN IF RESELLER, EXPERIAN OR THEIR COLLECTIVE SOURCES ARE ADVISED OF ANY KIND WHATSOEVERTHE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH STATES RESELLER’S, SUBSTITUTE GOODS EXPERIAN’S AND THEIR COLLECTIVE SOURCES’ ENTIRE LIABILITY AND THE SOLE REMEDY OF CUSTOMER IN CONNECTION WITH THE PROVISION OF THE DATA AND SERVICES. (iii) IF, NOTWITHSTANDING THE PRIOR PARAGRAPH, LIABILITY CAN BE IMPOSED ON RESELLER, EXPERIAN OR WEBSITES (HOWEVER ARISING) OR (II) THEIR COLLECTIVE SOURCES, THEN CUSTOMER AGREES THAT THE AGGREGATE LIABILITY FOR ANY DIRECT OR ALL LOSSES OR INJURIES TO CUSTOMER CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THE AGREEMENT, REGARDLESS OF THE CAUSE OR THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE AMOUNT PAID TO RESELLER FOR THE AFFECTED SERVICES AND CUSTOMER COVENANTS AND PROMISES THAT IT WILL NOT XXX RESELLER, EXPERIAN OR THEIR COLLECTIVE SOURCES FOR AN AMOUNT GREATER THAN SUCH SUM AND THAT IT WILL NOT SEEK PUNITIVE DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONANY SUIT AGAINST RESELLER, EXPERIAN OR THEIR COLLECTIVE SOURCES.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE EXCEPT AS MAY BE SET FORTH IN AN APPLICABLE SLA, WIN DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE DESIGN, CONDITION, QUALITY, CAPACITY OR OTHER ASPECT OF ANY SERVICES, OR ANY COMPONENT THEREOF, INCLUDING, BUT NOT LIMITED TO, SYSTEMS, SOFTWARE, PERSONNEL, PROGRAMMING ASSISTANCE OR CONSULTATION PROVIDED AS PART OF THE WEBSITE SHALL SERVICES, THAT THE SERVICES WILL BE AT YOUR SOLE RISKUNINTERRUPTED, AND ERROR FREE OR FREE OF HARMFUL COMPONENTS, THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” ANY CONTENT, INCLUDING CUSTOMER CONTENT, WILL BE SECURE OR NOT LOST OR DAMAGED, AND, TO THE FULLEST EXTENT PERMITTED NOT PROHIBITED BY LAW, WENON‐INFRINGEMENT. SERVICE CREDITS UNDER THE APPLICABLE SLA WILL BE THE EXCLUSIVE REMEDY FOR ANY SERVICE DEFECT, OUR OFFICERSSERVICE OUTAGE OR OTHER SLA VIOLATION. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, DIRECTORSINCIDENTAL, EMPLOYEESCONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, AND AGENTS DISCLAIM ALL WARRANTIESWITHOUT LIMITATION, EXPRESS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR IMPLIEDLOSS OF PRIVACY) ARISING FROM OR RELATED TO THE AGREEMENT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE WEBSITE’S CONTENT OR POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARE ASSERTED ON THE CONTENT BASIS OF ANY SITES LINKED TO THE WEBSITECONTRACT, AND ASSUME NO TORT STRICT 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED BASIS IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LAW. 11.1 IN NO EVENT SHALL WE WIN BE LIABLE UNDER CONTRACTFOR DAMAGES GREATER THAN THE SUM TOTAL OF PAYMENTS MADE BY CUSTOMER TO WIN DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT FOR WHICH DAMAGES ARE CLAIMED. 11.2 Disclaimer of Actions Caused by and/or Under the Control of Third Parties. WIN does not control software, TORTproducts and services or the flow of data and other Content and communications provided or controlled, STRICT LIABILITYin whole or in part, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIALby third Parties. At times, INDIRECTthe actions or inactions of third Parties m a y impair or disrupt the Services and WIN does not guarantee that such events will not occur. Accordingly, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONWIN and its affiliates disclaim all liability resulting from or related to such third Party risks to the extent not otherwise specifically provided in the Agreement.

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF (a) THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND WEBSITES ARE HOME-EDITION SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN “AS AS-IS.” BASIS. ALTOVA PROVIDES NO WARRANTIES FOR THE HOME-EDITION SOFTWARE. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, WEALTOVA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, OUR OFFICERSWHETHER EXPRESS, DIRECTORSIMPLIED OR OTHERWISE, EMPLOYEESINCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; SATISFACTORY QUALITY, INFORMATIONAL CONTENT, OR ACCURACY, QUIET ENJOYMENT, TITLE, AND AGENTS DISCLAIM NON- INFRINGEMENT. ALTOVA DOES NOT WARRANT THAT THE HOME- EDITION SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE HOME-EDITION SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE DATE OF INSTALLATION OR USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH SO THE WEBSITE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOUR USE THEREOFYOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS AND ADEQUACY OF THE WEBSITE’S CONTENT OR THE CONTENT OF SOFTWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS ALTOVA FROM ANY SITES LINKED 3RD PARTY SUIT TO THE WEBSITEEXTENT BASED UPON THE ACCURACY AND ADEQUACY OF THE SOFTWARE IN YOUR USE. WITHOUT LIMITATION, AND ASSUME NO LIABILITY OR RESPONSIBILITY THE SOFTWARE IS NOT INTENDED FOR ANY (I) ERRORSUSE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, MISTAKESAIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT, OR INACCURACIES OF CONTENTWEAPONS SYSTEMS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE WHERE THE FAILURE OF THE WEBSITESOFTWARE COULD LEAD TO DEATH, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSESPERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. (b) TO THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE ALTOVA OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY KIND WHATSOEVEROTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE HOME-EDITION SOFTWARE, SUBSTITUTE GOODS THE PROVISION OF OR WEBSITES (HOWEVER ARISING) FAILURE TO PROVIDE SUPPORT SERVICES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS PROVISION OF (IN THIS XMLSPY HOME-EDITION END USER LICENSE AGREEMENT, EVEN IF ALTOVA HAS BEEN ADVISED OF THE AGGREGATE) $100POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION WHERE LEGALLY, LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, ALTOVA’S LIABILITY AND THAT OF LIABILITY ITS SUPPLIERS SHALL APPLY BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.SUM OF FIFTY DOLLARS (USD. $50)

Warranty Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE (a) EXCEPT TO THE EXTENT OF THE WEBSITE SHALL BE AT YOUR SOLE RISKREPRESENTATION AND WARRANTY MADE ABOVE, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL FORD MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE BUT NOT OF LIMITATION, FORD MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FORD SHALL IN CONNECTION WITH NO EVENT BE LIABLE TO VASTERA, ITS SUCCESSORS, OR A THIRD PARTY FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR GENERAL, CONSEQUENTIAL OR INCIDENTAL, ARISING FROM ANY LOSS CLAIMED AS A RESULT OF VASTERA'S USE OF INFORMATION TECHNOLOGY. (b) FORD MAKES NO WARRANTY OR REPRESENTATION THAT INFORMATION TECHNOLOGY CAN BE USED FOR ANY PARTICULAR FUNCTION OR THAT VASTERA HAS THE WEBSITE AND YOUR ABILITY TO USE THEREOFIT. WE MAKE FORD ASSUMES NO WARRANTIES OR REPRESENTATIONS ABOUT RESPONSIBILITY FOR THE SAFETY, QUALITY, DESIGN, SPECIFICATIONS, COMPLETENESS, ACCURACY OR COMPLETENESS OTHER CHARACTERISTICS OF THE WEBSITE’S CONTENT PERFORMANCE, OUTPUT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, END PRODUCT RESULTING FROM YOUR ACCESS TO AND THE USE OF INFORMATION TECHNOLOGY. VASTERA'S USE OF THE WEBSITELICENSED SOFTWARE WILL NOT DIMINISH VASTERA'S OBLIGATIONS OR MITIGATE ANY FAILURES TO PERFORM SPECIFIC SERVICES UNDER ANY PURCHASE ORDER CONTRACTS ISSUED TO VASTERA BY FORD. (c) EXCEPT TO THE EXTENT OF THE REPRESENTATION, (III) WARRANTY AND INDEMNITY PROVIDED ABOVE, NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS CONFERRING BY IMPLICATION, ESTOPPEL OR OTHERWISE THE INDEMNIFICATION OF VASTERA BY FORD AGAINST ANY UNAUTHORIZED ACCESS TO OR USE CLAIM OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION INFRINGEMENT OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A OTHER THIRD PARTY THROUGH INTELLECTUAL PROPERTY RIGHTS, WHETHER OR NOT THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS RIGHT GRANTED HEREIN NECESSARILY EMPLOYS OR WEBSITES (HOWEVER ARISING) REQUIRES THE PRACTICE OF ANY SUCH EXISTING OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100SUBSEQUENTLY CREATED THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION---------- * This portion of the document has been omitted pursuant to a request for confidential treatment and such portion has been filed separately with the U.S. Securities and Exchange Commission.

Warranty Disclaimer and Limitation of Liability. a. ANY WARRANTIES FOR THE SOFTWARE ARE SUBJECT TO TERMS AGREED AND ENTERED INTO DIRECTLY BETWEEN YOU AGREE THAT YOUR USE OF AND THE WEBSITE SHALL BE AT YOUR SOLE RISKSERVICES PROVIDER OR OTHER THIRD PARTY THROUGH WHICH YOU ACQUIRED THE SOFTWARE. AS BETWEEN YOU AND DEVICE AUTHORITY, AND THAT ALL CONTENT AND WEBSITES ARE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SOFTWARE IS PROVIDED TO YOU ON AN “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAWAND “WITH ALL FAULTS” BASIS, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, WITHOUT WARRANTY OF ANY KIND AND AGENTS DISCLAIM DEVICE AUTHORITY DISCLAIMS ALL WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, IN CONNECTION WITH STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. DEVICE AUTHORITY FURTHER DISCLAIMS ANY WARRANTY OR LIABILITY RELATED TO YOUR CARRIER’S, SERVICE PROVIDER’S OR ANY OTHER THIRD PARTY’S NETWORK, APPLICATION OR SERVICE. DEVICE AUTHORITY CANNOT GUARANTEE AND DOES NOT WARRANT THAT THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OPERATION OF THE WEBSITE’S CONTENT SOFTWARE WILL BE UNITERRUPTED OR ERROR FREE. THE CONTENT SOFTWARE IS NOT DESIGNED, MANUFATURED OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF ANY SITES LINKED WHICH COULD LEAD TO THE WEBSITEDEATH, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE . YOU ASSUME THE RESPONSIBILITY OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS SELECTION OF THE SOFTWARE TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY ACHIEVE YOUR INTENDED RESULTS. b. UNDER NO CIRCUMSTANCES WILL DEVICE AUTHORITY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY LIABLE FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISINGCONSEQUENTIAL, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTALINCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE ARISING IN CONNECTION WITH THIS XXXX OR THE SERVICES,, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWSOEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDNG, WITHOUT LIMITAITON, NEGLIGENCE) EVEN IF DEVICE AUTHORITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS LIMITED REMEDY. c. IN NO EVENT WILL DEVICE AUTHORITY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR WEBSITES IN CONNECTION WITH THIS XXXX OR THE TERMS EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE SOFTWARE OR FIFTY U.S. DOLLARS (HOWEVER ARISING) $50 USD). d. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING EXCLUSION OR LIMITATION OF LIABILITY SHALL FOR CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH AN EVENT THE FULLEST ABOVE LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLELAW. e. NOTHING IN THIS XXXX SHALL LIMIT OR EXCLUDE DEVICE AUTHORITY’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW IN THE APPLICABLE JURISDICTIONLAW.

Warranty Disclaimer and Limitation of Liability. ‌ YOU AGREE EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE SHALL BE MODULE IS AT YOUR SOLE OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND THAT ALL CONTENT AND WEBSITES ARE THE MODULE IS PROVIDED TO YOU ON AN “AS IS.” AND “AS AVAILABLE” BASIS. NEITHER HAWKEYE NOR ITS SUPPLIERS, DISTRIBUTORS, OR CUSTOMERS, NOR ANY OF THEIR RESPECTIVE RELATED PARTIES, MAKES OR HAS MADE ANY REPRESENTATION, WARRANTY, ASSURANCE OR PROMISE OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MODULE, ITS USE, OR THE RESULTS OF SUCH USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEYOU AND HAWKEYE EACH EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIESPAST OR PRESENT, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITEWHETHER STATUTORY, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKESCOMMON-LAW, OR INACCURACIES FROM A COURSE OF CONTENTDEALING OR USAGE OF TRADE, (II) PERSONAL INJURY OR PROPERTY DAMAGEINCLUDING, OF ANY NATURE WHATSOEVERWITHOUT LIMITATION, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREINIMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSESMERCHANTABILITY, OR THE LIKE THAT MAY FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL HAWKEYE OR ANY OF ITS RELATED PARTIES BE TRANSMITTED LIABLE TO ANY PERSON OR THROUGH THE WEBSITE. WE DO NOT WARRANTENTITY UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, ENDORSETORT, GUARANTEESTATUTORY, OR ASSUME RESPONSIBILITY OTHERWISE) FOR ANY PRODUCT DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR WEBSITE ADVERTISED EXEMPLARY DAMAGES OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE STATUTORY OR CIVIL PENALTIES OF ANY HYPERLINKED WEBSITE KIND—INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF CURRENT OR FEATURED IN ANY BANNER PROSPECTIVE OPPORTUNITIES, OR LOSS OF MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER ADVERTISINGINTANGIBLE LOSSES RESULTING FROM THIS AGREEMENT, AND WE WILL NOT BE A PARTY TOTHE PERFORMANCE OF THIS AGREEMENT, OR IN ANY WAY BE RESPONSIBLE FORCONNECTED TO THIS AGREEMENT, MONITORING INCLUDING, BUT NOT LIMITED TO, IN ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS WAY CONNECTED TO THE INSTALLATION, SETUP, CONFIGURATION, USE, MAINTENANCE, PERFORMANCE, DEFECT, FAILURE, OR INTERRUPTION OF PRODUCTS THE MODULE OR WEBSITES. AS WITH THE PURCHASE OF A ANY PRODUCT OR WEBSITE THROUGH SERVICE, HOWEVER CAUSED AND ON ANY MEDIUM THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), EVEN IF HAWKEYE, OR ANY RELATED PARTY, IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE TERMS OF THIS SECTION, HAWKEYE OR ANY OF ITS RELATED PARTIES IS FOUND TO BE LIABLE UNDER ANY THEORY OR IN ANY ENVIRONMENTACTION, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACTSUCH LIABILITY (INCLUDING, TORTBUT NOT LIMITED TO, STRICT LIABILITY, NEGLIGENCE ANY DAMAGES OR REMEDY OR OTHER CAUSE OF ACTION OR LEGAL THEORY RIGHT) IS AND WILL BE LIMITED EXCLUSIVELY TO A MAXIMUM OF FIVE HUNDRED U.S. DOLLARS (I$500.00) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. FOR THE FOREGOING LIMITATION AVOIDANCE OF LIABILITY DOUBT, THE LIMITATIONS PROVIDED IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONEVEN IF ANY OR ALL PRODUCTS, SERVICES, OR OTHER ACTUAL OR POTENTIAL REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Without limiting the foregoing, Hawkeye does not warrant or represent that the operation of the Module will be uninterrupted or error-free or that any defect within the Module will be corrected. Furthermore, Hawkeye does not warrant or make any representation regarding the results of Your use of the Module in terms of capability, correctness, accuracy, reliability, or otherwise; that the Module will meet Your requirements; or that the Module is secure. No presentation, specimen, information, or advice—whether oral or written—given by Xxxxxxx, any representative of Hawkeye, any client, or any other person or entity will create a warranty. For the avoidance of doubt, neither Xxxxxxx nor any of its Related Parties will have liability with respect to the content of the Module, including with respect to errors or omissions contained in the Module or any claim related to the following: libel, business interruption, personal injury, loss of privacy, disclosure of confidential information, or infringement or violation of any third-party’s rights of publicity, intellectual property, privacy, or moral right. You release and waive all claims against Xxxxxxx and any of its Related Parties from any and all Claims or Losses arising out of Your use of the Module. If You are a California resident, You waive any rights You may have under § 1542 of the California Civil Code—or any similar law or right—which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You agree to release unknown claims and waive all available rights under California Civil Code § 1542 or under any other statute or common law principle of similar effect. To the extent permitted by applicable law, the release in this Section covers all such claims regardless of the negligence of Hawkeye or any of its Related Parties. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to You. The limitations provided in this Agreement are intended to apply to the fullest extent allowable under applicable law, and You acknowledge that the terms will be construed and enforced as necessary to limit Hawkeye’s and any of its Related Party’s possible liability to the amount set forth herein.