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

Warranty Disclaimer and Limitation of Liability. No warranty is given about the quality, functionality, availability or performance of PSN Services, or any content or service offered on or through PSN Services. All services and content are provided "AS IS" and "AS AVAILABLE" with all faults. We may change, add or remove functionalities or features in our PSN Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this agreement, we expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM PSN SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN SERVICES IS LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. You acknowledge that PSN

Warranty Disclaimer and Limitation of Liability. No 5.1 NovioQ warrants that the Services will be provided in a good and workmanlike manner and will be performed by qualified personnel in accordance with generally recognized industry standards. NovioQ shall repair or re-perform, at its own cost any Services which do not meet this warranty as evidenced by the failure to meet agreed acceptance criteria; provided that Client provides written notice to such failure within thirty (30) days after the completion of any SOW, and NovioQ is given about the quality, functionality, availability or performance of PSN Services, or any content or service offered on or through PSN Services. All services and content are provided "able to verify such failure. 5.2 EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION 5.1 ABOVE; ALL SERVICES ARE PROVIDED “AS IS" and "AS AVAILABLE" with all faults” TO THE FULLEST EXTENT PERMITTED BY LAW. We may change, add or remove functionalities or features in our PSN Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this agreement, we expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM PSN SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN SERVICES IS LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE NOVIOQ EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTYWARRANTIES, WHETHER DIRECTEXPRESS OR IMPLIED, INDIRECT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. 5.3 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL AND HOWEVER ARISINGDAMAGES (INCLUDING, AS A RESULT WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST PROFITS OR LOSS OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUSINESS OPPORTUNITY) EVEN IF THE PARTY CLAIMING SUCH DAMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOVIOQ’S AGGREGATE LIABILITY FOR ALL ACTIONS AND CLAIMS ARISING OUT OF ANY REMEDY FAILS ITS ESSENTIAL PURPOSESOW BASED ON ANY LEGAL THEORY WHATSOEVER SHALL NOT EXCEED THE AGGREGATE AMOUNTS PAID TO NOVIOQ BY CLIENT PURSUANT TO SUCH SOW. You acknowledge Client acknowledges that PSNthe limitation of liabilities and disclaimers of warranty contained herein constitute an agreed upon allocation of risk between the parties, have been factored into NovioQ’ pricing of the Services, and are an essential element of the bargain between the parties.

Warranty Disclaimer and Limitation of Liability. No warranty is given about the qualityEXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 6, functionalitySimpleview MAKES NO WARRANTIES HEREUNDER, availability or performance of PSN ServicesAND Simpleview EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, or any content or service offered on or through PSN ServicesEXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. All services and content are provided "AS IS" and "AS AVAILABLE" with all faults. We may change, add or remove functionalities or features in our PSN Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this agreement, we expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT TOTAL LIABILITY OF Simpleview HEREUNDER FOR ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM PSN SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN SERVICES IS LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE ALL PROPERLY PERFORMED (INCLUDING ANY LIABILITY FOR ANY LOSS NEGLIGENCE) SHALL BE LIMITED, AT THE SOLE DISCRETION OF DATASimpleview, DAMAGE CAUSED TO YOUR SOFTWARE (a) PERFORMING THOSE SERVICES CORRECTLY, OR HARDWARE(b) IF SUCH PERFORMANCE IS IMPOSSIBLE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, TO THE AMOUNT’S PAID TO Simpleview FOR THE SERVICES THAT WERE IMPROPERLY PERFORMED. IN NO EVENT SHALL Simpleview BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIALCONSEQUENTIAL, PUNITIVE, RELIANCE OR CONSEQUENTIAL AND HOWEVER ARISINGSPECIAL DAMAGES, AS A RESULT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OF ACCESSING ANY KIND OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINCREASED COST OF OPERATIONS, EVEN IF Simpleview HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY REMEDY FAILS ITS ESSENTIAL PURPOSEEVENT, THE LIABILITY OF Simpleview TO CLIENT FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Simpleview BY CLIENT UNDER THIS AGREEMENT. You acknowledge that PSNTHIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, EXCEPT FOR LIABILITIES RELATED TO INFRINGEMENT ON THIRD PARTY RIGHTS DUE TO NEGLIGENCE ON THE PART OF Simpleview, IN WHICH CASE NO LIMITATION ON LIABILITY SHALL EXIST.

Warranty Disclaimer and Limitation of Liability. No warranty is given about the quality, functionality, availability or performance of PSN Services, or any content or service offered on or through PSN Services. All services and content are provided "AS IS" and "AS AVAILABLE" with all faults. We may change, add or remove functionalities or features in our PSN Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this agreement, we expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM PSN SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN SERVICES IS SHALL BEIS LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. You acknowledge that PSNESSENTIAL

Warranty Disclaimer and Limitation of Liability. No warranty is given about the quality, functionality, availability or performance of PSN Services, or any content or service offered on or through PSN Services. All services and content are provided "AS IS" and "AS AVAILABLE" with all faults. We may change, add or remove functionalities or features in our PSN Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterrupted, error-free error‐free or without delays. In addition to the limitations of liability of this agreement, we expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringementnon‐infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM PSN SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN SERVICES IS LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAYBLU‐RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. You acknowledge that PSN

Warranty Disclaimer and Limitation of Liability. No 13.1 Navi warrants that for a period of ninety (90) days from the Effective Date that the Platform will operate substantially in conformance to the description of the Platform set out in the Documentation. If the Platform does not operate as so warranted and Customer provides a detailed written notice of non- conformance within the warranty is given about period then Navi will, at its option, (i) correct the quality, functionality, availability non-conformance or performance replace the non-conforming parts or (ii) refund any amounts paid for the Platform and Customer will stop using the Platform. The foregoing will be Customer's only remedy or recourse against Navi and Navi’s only liability or obligation in relation to any failure of PSN Services, or defect or error in the Platform whatsoever. Navi may have further obligations in connection with any content maintenance and support service as described herein. 13.2 Navi does not represent or service offered on or through PSN Services. All services and content are provided "AS IS" and "AS AVAILABLE" with all faults. We may change, add or remove functionalities or features in our PSN Services, and we may suspend or stop our services altogether. We do not warrant that all errors and defects in the service and content Platform can or will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this agreement, we expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR corrected. 13.3 THE WARRANTIES STATED ABOVE ARE THE SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM PSN SERVICES OR WARRANTIES, CONDITIONS AND REMEDIES OFFERED BY NAVI IN CONNECTION WITH THE PLATFORM AND DOCUMENTATION. NAVI EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND CONDITIONS CONCERNING ANY OF THE PLATFORM AND DOCUMENTATION, EXPRESS OR IMPLIED, INCLUDING ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS, WARRANTIES AND CONDITIONS OF DESIGN, MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE, PERFORMANCE AND ANY AND ALL WARRANTIES AND CONDITIONS THAT MIGHT OTHERWISE ARISE DURING THE COURSE OF DEALING, USAGE OR TRADE, AND THOSE WHICH MAY ARISE UNDER STATUTE. THIS AGREEMENT SETS OUT THE ENTIRE EXTENT OF ALL WARRANTIES AND OUR CONDITIONS IN RESPECT OF THE PLATFORM AND DOCUMENTATION AND, EXCEPT AS SET OUT IN THE NEXT SENTENCE, NO AGENT OR REPRESENTATIVE OF NAVI IS AUTHORIZED TO ALTER THE WARRANTY OBLIGATIONS OF NAVI AS SET FORTH HEREIN. ANY ALTERATIONS ARE ONLY EFFECTIVE IF SUCH ALTERATIONS ARE SPECIFICALLY SET OUT IN WRITING AND SIGNED BY DULY AUTHORISED REPRESENTATIVES OF BOTH PARTIES. 13.4 UNDER NO CIRCUMSTANCES WILL NAVI BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF BUSINESS OR RELATED LOSSES OR EXPENSES OR LOSS OF ANTICIPATED SAVINGS, LOST OPPORTUNITY, ECONOMIC LOSS, OR ANY DAMAGE OR LOSS TO GOODWILL, REVENUE, DATA OR PROFIT INCURRED OR SUFFERED BY CUSTOMER WHICH MAY ARISE OUT OF THE USE OR INABILITY TO USE ANY PLATFORM OR DOCUMENTATION OR ANY ONE OR MORE FAILURES, DEFECTS OR ERRORS IN ANY OF THE PLATFORM AND DOCUMENTATION, WHETHER OR NOT NAVI WAS TOLD OF THE POSSIBILITY OF SAME. 13.5 IN ALL CIRCUMSTANCES, NAVI'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT AND IN CONNECTION WITH THE USE OR WITH RESPECT INABILITY TO YOUR USE ANY OF THE PLATFORM OR ACCESS TO PSN SERVICES IS DOCUMENTATION OR ANY ONE OR MORE FAILURES, DEFECTS OR ERRORS IN ANY OF THE PLATFORM AND DOCUMENTATION, ARISING IN ANY MANNER WHATSOEVER, WILL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS TOTAL OF THE DATE OF TERMINATION. EXCEPT AS STATED MONIES PAID BY CUSTOMER TO NAVI UNDER THIS AGREEMENT IN THE FOREGOING SENTENCE, WE EXCLUDE ALL LIABILITY FOR ANY LOSS 12 MONTHS PRECEDING THE DAY ON WHICH THE FIRST OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN SERVICESCLAIMS AROSE. 13.6 Customer hereby agrees that it is responsible for implementing procedures and systems to protect its operations and data as is prudent to prevent and mitigate against loss or damage to same in the event of any failure of or any errors or defects in the Platform or Documentation or any malfunction of any of the Platform. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. You acknowledge that PSNUnder no circumstances will Navi incur any liability or obligations due to Customer's failure to implement the forgoing.

Warranty Disclaimer and Limitation of Liability. No warranty The information provided through this Service is given for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, or course of action. You acknowledge that there are certain risks inherent to the use of the services, products or Content that may be offered from time to time by ORA® ORAL SURGERY & IMPLANT STUDIO on the ORA® ORAL SURGERY & IMPLANT STUDIO Web Site (collectively, the “Deliverables”). We and our suppliers make no representations or endorsement about the qualitysuitability for any purpose of products and services available through this Service. Although our suppliers or we may update the Deliverables on this Service from time to time, functionalityplease note that medical information changes rapidly. Therefore, availability some of the Deliverables may be out of date and/or may contain inaccuracies or performance of PSN Services, or any content or service offered on or through PSN Services. All services and content are provided "AS IS" and "AS AVAILABLE" with all faultstypographical errors. We may change, add or remove functionalities or features in and our PSN Services, and we may suspend or stop our services altogether. We suppliers do not represent, warrant that or guarantee the service and content will be uninterruptedtimeliness, error-free validity, completeness or without delays. In addition accuracy of Deliverables made available to the limitations of liability of this agreement, we expressly disclaim you for any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringementwe do not represent, warrant or guarantee that the Deliverables will be uninterrupted or error‐ free or that any defects will be corrected. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE THE DELIVERABLES ON THIS SITE ARE PROVIDED “AS IS” AND EXCLUSIVE RECOURSE IN THE EVENT “AS AVAILABLE” WITHOUT WARRANTY OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM PSN SERVICES OR IN CONNECTION WITH THIS AGREEMENT KIND. WE AND OUR MAXIMUM LIABILITY UNDER SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‐INFRINGEMENT, WITH REGARD TO THE DELIVERABLES CONTAINED ON OR MADE AVAILABLE THROUGH THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN SERVICES IS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR DIRECT DAMAGESTHE AVAILABILITY OF THIS SERVICE, NOT LACK OF VIRUSES, WORMS, TIME BOMBS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO EXCEED PROVIDE THE UNUSED FUNDS SERVICE. IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE ALL LIABILITY NO EVENT SHALL ORA® ORAL SURGERY & IMPLANT STUDIO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIALSPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT DAMAGES TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEMHARDWARE, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEMDATA, INFORMATION, MATERIALS OR BUSINESS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DELIVERABLES, THE PSP SYSTEMORA® ORAL SURGERY & IMPLANT STUDIO WEB SITE OR RELATED WEB SITES, PLAYSTATION®VITA SYSTEMWITH THE DELAY OR INABILITY TO USE THE DELIVERABLES, 4K ULTRA HD MEDIA PLAYER SYSTEMTHE ORA® ORAL SURGERY & IMPLANT STUDIO WEB SITE OR RELATED WEB SITES, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER THE PROVISION OF OR ANY HARDWARE DEVICEFAILURE TO PROVIDE DELIVERABLES, OR USING FOR PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DELIVERABLES OR ACCESSING PSN SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTIONORA® ORAL SURGERY & IMPLANT STUDIO WEB SITE, OR OTHERWISE ARISING OUT OF THE FOREGOING LIMITATIONSUSE OF THE DELIVERABLES OR ORA® ORAL SURGERY & IMPLANT STUDIO WEB SITE, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ORA® ORAL SURGERY & IMPLANT STUDIO OR ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSESUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. You acknowledge that PSNBecause some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Deliverables or ORA® ORAL SURGERY & IMPLANT STUDIO Web Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Deliverables and ORA® ORAL SURGERY & IMPLANT STUDIO Web Site and its related Web sites.

Warranty Disclaimer and Limitation of Liability. No (a) NanoDynamics hereby represents and warrants that, to the best of its knowledge as of the date of delivery, and with no further duty of investigation implied, the Pre-Existing Technology and New Technology do not and will not infringe any intellectual property right of any third party. (b) NanoDynamics hereby represents and warrants that the services provided hereunder will be provided in a professional and workmanlike manner in accordance with prevailing industry standards; provided, however that Company's sole remedy for breach of the foregoing warranty is given about for NanoDynamics to re-perform the quality, functionality, availability or services at no additional charge. Any other warranties regarding performance of PSN Servicesthe services or the quality of the deliverables hereunder, or any content or service offered on or through PSN Services. All services and content are provided "AS IS" and "AS AVAILABLE" with all faults. We may changeif any, add or remove functionalities or features in our PSN Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterruptedset forth in the applicable Development Plan. (c) EXCEPT AS EXPLICITLY SET FORTH IN THIS SECTION 5, error-free or without delays. In addition to the limitations of liability of this agreementNANODYNAMICS MAKES NO WARRANTIES WHATSOEVER TO COMPANY, we expressly disclaim any implied warranty of merchantabilityEXPRESS OR IMPLIED, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN WITH REGARD TO THE EVENT PRODUCTS OR SERVICES OF NANODYNAMICS OR TO THE RESULTS OF ANY DISSATISFACTION WITH DEVELOPMENT PLAN, AND NANODYNAMICS SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES AND CONDITIONS, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. (d) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR DAMAGE CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST BUSINESS PROJECTS, LOSS OF USE OR EQUIPMENT DOWN TIME, AND LOSS OF OR CORRUPTION TO DATA) ARISING FROM PSN SERVICES OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND OUR MAXIMUM LIABILITY UNDER RELATING TO THIS AGREEMENT OR WITH RESPECT ANY DEVELOPMENT PLAN, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF EITHER PARTY TO YOUR USE THE OTHER FOR ANY CLAIMS, LIABILITIES, ACTIONS OR DAMAGES ARISING OUT OF OR ACCESS RELATING TO PSN SERVICES IS LIMITED TO YOUR DIRECT DAMAGESTHIS AGREEMENT OR ANY DEVELOPMENT PLAN, NOT TO HOWSOEVER CAUSED AND REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING BREACH XX XXXXXXXX XX XXXXXXXX, XXXX, XXXXXX LIABILITY, STATUTORY LIABILITY OR OTHERWISE, SHALL NOT, IN THE AGGREGATE, EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF AMOUNTS PAID OR PAYABLE FOR THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. You acknowledge that PSNSPECIFIC DEVELOPMENT PROJECT UNDER WHICH SUCH CLAIM AROSE.

Warranty Disclaimer and Limitation of Liability. No warranty is given about the quality, functionality, availability or performance of PSN First Party Services, or any content or service offered on or through PSN First Party Services. All services and content are provided "AS IS" and "AS AVAILABLE" with all faults. We SIENA doesWe may change, add or remove functionalities or features in our PSN Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this agreementAgreement, SIENAagreement, we expressly disclaim disclaimsdisclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We SIENA assumesWe assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM PSN FIRST PARTY SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND OUR SIENA'SOUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN FIRST PARTY SERVICES IS SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE SIENA EXCLUDESWE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN FIRST PARTY SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. You acknowledge that PSNREMEDY

Warranty Disclaimer and Limitation of Liability. No warranty 4.1 Spresense is given about the qualityprovided “as is” without any express or implied warranties, functionality, availability or performance of PSN Services, or any content or service offered on or through PSN Services. All services its affiliated companies and content are provided "AS IS" and "AS AVAILABLE" with all faults. We may change, add or remove functionalities or features in our PSN Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this agreement, we licensors expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. 4.2 SISC DOES NOT REPRESENT OR WARRANT THAT Spresense WILL BE ERROR- FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT Spresense OR THE SERVER THAT MAKES Spresense AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF SISC DOES NOT MAKE ANY DISSATISFACTION WITH REPRESENTATIONS OR DAMAGE ARISING FROM PSN SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WARRANTIES WITH RESPECT TO ANY INFORMATION ON OR OTHERWISE AVAILABLE THROUGH Spresense INCLUDING, FOR EXAMPLE, THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON Spresense IS ACCURATE, COMPLETE, RELIABLE, LEGAL, USEFUL, OR UP-TO-DATE. YOU ACKNOWLEDGE THAT YOUR USE OF OR ACCESS TO PSN SERVICES Spresense IS LIMITED TO AT YOUR DIRECT DAMAGESSOLE RISK. SISC DOES NOT WARRANT THAT YOUR USE OF Spresense IS LAWFUL IN ANY PARTICULAR JURISDICTION, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCEAND SISC SPECIFICALLY DISCLAIMS SUCH WARRANTIES. 4.3 UNDER NO CIRCUMSTANCES, WE EXCLUDE ALL LIABILITY ARE SISC, ITS AFFILIATES AND LICENSORS LIABLE FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE LOSS OF PROFIT, OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTYDAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIALSPECIAL OR CONSEQUENTIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN SERVICESSpresense. UNLESS SO LONG AS THIS PROVISION IS UNENFORCEABLE ENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME COUNTRIES DO NOT ALLOW FOR THE ABOVE EXCLUSIONS OR LIMITATIONS, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 4.4 If You acknowledge discover or suspect or experience any issues, problems, defects, inconsistencies with Spresense, You are required to post to Spresense Developer Forum. In this regard, SISC hereby disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any such issue which is discovered/suspected/experienced by you. Additionally, for the safety and security of the Spresense and of other users of the Spresense, You hereby agree that PSNthe nature and existence of such bug, defect or failure will be confidential information of SISC, and You agree to not post such information in any public portals and social media other than Spresense Developer Forum.