Common use of WARRANTY DISCLAIMER; LIMITATION OF LIABILITY Clause in Contracts

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS.” PLAYON MAKES NO WARRANTIESAND “AS AVAILABLE“ BASIS. UBISOFT UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NONINFRINGEMENTNON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. UBISOFT DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FITNESS FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL UBISOFT, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS. NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A PARTICULAR PURPOSEDISPUTE WITH UBISOFT OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, UBISOFT’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT WILL EITHER PARTY UBISOFT, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO UBISOFT FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. NOTHING IN THIS SECTION 6 SHALL AFFECT UBISOFT’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM UBISOFT’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR ANY LIMITED UNDER APPLICABLE LAW. FOR PURPOSES OF THIS SECTION 6, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSXXXX AGAINST YOU.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE PROGRAM (INCLUDING, WITHOUT LIMITATION, THE CERTIFICATION CURRICULUM AND ALL PROGRAM-RELATED SERVICES) IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS SUPPLIERS DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, ANY SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESINTUIT OR ITS SUPPLIERS, EXPRESSQUICKBOOKS OR OTHER SOFTWARE, IMPLIED ANY TRAINING GUIDE, AND/OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND ANY OTHER RELATED MATERIALS INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. PARTICIPANT ACKNOWLEDGES AND AGREES THAT SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN PARTICIPANTS. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE COMMENCEMENT DATE OF PARTICIPANT INITIAL PROGRAM MEMBERSHIP. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS IN DURATION MAY NOT APPLY TO CERTAIN PARTICIPANTS. IN NO EVENT WILL EITHER PARTY SHALL INTUIT OR ITS SUPPLIERS BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESAMOUNTS IN EXCESS OF THE FEES PAID BY PARTICIPANTSTO INTUIT HEREUNDER FOR ONE MEMBERSHIP PERIOD, NOR SHALL INTUIT OR ITS SUPPLIERS BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, INCLUDING CONSEQUENTIALWITHOUT LIMITATION, SPECIAL, LOST BUSINESS OR INCIDENTAL DAMAGES WHATSOEVER PROFITS ARISING FROM ANY MATTERS UNDER THIS AGREEMENT, REGARDLESS OF WHETHER INTUIT OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED ITS SUPPLIERS HAVE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGE DAMAGES. THE REMEDIES SET FORTH HEREIN SHALL BE MEMBER'S SOLE AND WHETHER BASED ON A EXCLUSIVE REMEDIES FOR ANY BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, THESE TERMS AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSCONDITIONS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND PRERELEASE SOFTWARE PROVIDED BY PLAYON ARE IS PROVIDED “AS IS.” PLAYON MAKES NO " SYMANTEC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS, INCLUDING BUT NOT TO LIMITED TO ANY IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED. SYMANTEC MAKES NO WARRANTY THAT THE PRERELEASE BACKUP SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SYMANTEC OR ITS LICENSORS BE LIABLE TO THE OTHER OR ANY THIRD PARTY YOU FOR ANY INDIRECT SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, ANY LOST PROFITS OR INCIDENTAL DAMAGES WHATSOEVER LOST DATA ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OUT OF THE PARTIES HEREUNDER WHETHER USE OR NOT A PARTY INABILITY TO USE THE PRERELEASE SOFTWARE, EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEDAMAGES. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT NO CASE SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYONSYMANTEC’S OR ITS PERSONNEL’S GROSS NEGLIGENCE LICENSORS’ LIABILITY EXCEED THE GREATER OF THE PRICE YOU PAID FOR THE PRERELEASE SOFTWARE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR TEN U.S. DOLLARS (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSU.S. $10.00).

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 11.1. DURING THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE LIMITED EVALUATION PERIOD, THE AIRS EVALUATION PRODUCT IS PROVIDED “AS IS” AND AS AVAILABLE WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. CUSTOMER ASSUMES THE SOLE RESPONSIBILITY AND LIABILITY FOR THE RESULTS OBTAINED FROM THE AIRS EVALUATION PRODUCT AND ANY CONCLUSIONS DRAWN THEREFROM. AIRS DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE AIRS EVALUATION PRODUCT WILL MEET CUSTOMER’S OR ITS PATIENTS’ REQUIREMENTS OR EXPECTATIONS. AIRS SHALL HAVE NO OBLIGATIONS OR LIABILITIES OF ANY TYPE WITH RESPECT TO THE AIRS EVALUATION PRODUCT UNLESS SUCH LIMITATION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAWS.” PLAYON 11.2. EXCEPT AS EXPRESSLY SET FORTH IN THE LIMITED EVALUATION AGREEMENT, AIRS MAKES NO WARRANTIES, EXPRESS, IMPLIED REPRESENTATIONS OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, NONINFRINGEMENTACCURACY OF ANY ADVICE OR INFORMATION PROVIDED, AND FITNESS FOR A PARTICULAR PURPOSE, OR COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, IN CONNECTION WITH THE LIMITED EVALUATION AGREEMENT. WITHOUT LIMITING THE FOREGOING, AIRS FURTHER DISCLAIMS THAT THE AIRS EVALUATION PRODUCT WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. 11.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESINDIRECT, INCLUDING CONSEQUENTIALPUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INCIDENTAL OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING FROM OUT OF, OR IN ANY WAY RELATED TO THIS AGREEMENT OR CONNECTED WITH THE RIGHTS OR OBLIGATIONS LIMITED EVALUATION AGREEMENT, REGARDLESS OF THE PARTIES HEREUNDER FORM OF ACTION (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY CLAIMS), AND WHETHER OR NOT A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEDAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION THIS SECTION 10.3 WILL APPLY EVEN IF THE REMEDIES SPECIFIED IN THE AGREEMENTLIMITED EVALUATION AGREEMENT ARE FOUND TO HAVE FAILED THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES SECTION 10.3 WILL NOT APPLY TO (I) PLAYON’S GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR ITS PERSONNEL’S GROSS NEGLIGENCE INDEMNITY OBLIGATIONS IN SECTION 8, OR WILLFUL MISCONDUCT RESULTING BREACH OF CONFIDENTIALITY OBLIGATIONS IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSSECTION 7.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE DATA AND/OR SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESSAND ALL WARRANTIES EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT THE DATA AND/OR SERVICES WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF THE DATA AND/OR SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL EITHER PARTY INTERMAP BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESCLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING CONSEQUENTIALWITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT DAMAGES. INTERMAP’S LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS LICENSE FEES PAID BY CUSTOMER TO SCHOOL UNDER THIS AGREEMENTINTERMAP WITH RESPECT TO THE DATA AND/OR SERVICES AT ISSUE. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT FOREGOING LIMITATIONS APPLY TO (I) PLAYON’S ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR ITS PERSONNEL’S GROSS NEGLIGENCE WARRANTY OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL TORT AND IS A MATERIAL INDUCEMENT FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSINTERMAP GRANTING THE RIGHTS HEREIN.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON PRODUCTS ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESSAND ALL WARRANTIES EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT PRODUCTS WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF THE SAME WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL EITHER PARTY INTERMAP BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESCLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING CONSEQUENTIALWITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT DAMAGES. INTERMAP’S LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS LICENSE FEES PAID BY CUSTOMER TO SCHOOL UNDER THIS AGREEMENTINTERMAP WITH RESPECT TO ANY PRODUCTS AT ISSUE. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT FOREGOING LIMITATIONS APPLY TO (I) PLAYON’S ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR ITS PERSONNEL’S GROSS NEGLIGENCE WARRANTY OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL TORT AND IS A MATERIAL INDUCEMENT FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSINTERMAP GRANTING THE RIGHTS HEREIN.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. EFI M AKES NO REPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESSUPPORT SERVICES, SOFWTARE, OR ANY OF PORTION THEREOF, WHETHER EXPRESS, IM PLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEM ENT OR ANY OTHER COMM UNICATION. TO THE M AXIM UM EXTENT PERM ITTED BY APPLICABLE LAW, EFI SPECIFICALLY DISCLAIM S ANY IMPLIED WARRANTY OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES CONDITION OF SECURITY, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEM ENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NO EFI DEALER, AGENT, OR EMPLOYEE IS AUTHROIZED TO M AKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS AGREEM ENT. TO THE M AXIM UM EXTENT PERM ITTED BY APPLICABLE LAW, YOU AGREE THAT THE ENTIRE LIABILITY OF EFI AND ITS SUPPLIERS FOR ALL CLAIM S RELATED TO ANY SOFTWARE, PRODUCT, SERVICES, AND/OR THIS LICENSE AGREEM ENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE), SHALL BE LIM ITED TO THE AM OUNT PAID BY YOU, IF ANY, FOR THE EFI SOFTWARE. YOU AGREE THAT SUCH AM OUNT IS SUFFICIENT TO SATISFY THE ESSENTIAL PURPOSE OF THIS LICENSE AGREEM ENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIM ATE OF ANY LOSS AND DAM AGE LIKELY TO BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR OM ISSION BY EFI AND/OR ITS SUPPLIERS. TO THE M AXIM UM EXTENT PERM ITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL EFI AND ITS SUPPLIERS BE LIABLE TO THE OTHER FOR COST OF PROCUREM ENT OF SUBSTITUTE SOFTWARE, PRODUCTS OR SERVICES, LOST PROFITS OR DATA, THIRD PARTY CLAIM S, OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESSPECIAL, INCLUDING INDIRECT, RELIANCE, CONSEQUENTIAL, SPECIALEXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN DAM AGES, HOWEVER CAUSED AND ON ANY WAY THEORY OF LIABILITY, RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/ OR THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS LICENSE AGREEM ENT. THIS LIM ITATION SHALL APPLY EVEN IF EFI AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSDAM AGES.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. a. Disclaimer of warranty. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON COMPANY MAKES NO WARRANTIESREPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESSEXPRESS OR IMPLIED, IMPLIED IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU. b. Limitation of liability. YOU AGREE THAT THE COMPANY AND THE INDEMNIFIED PARTIES, AS DEFINED IN NO EVENT SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL EITHER PARTY NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS BY THE DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE COMPANY’S OR ANY THIRD PARTY OF SUCH INDEMNIFIED PARTIES’ REASONABLE CONTROL; (G) THE PROCESSING OF YOUR DOMAIN APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. THE COMPANY AND THE INDEMNIFIED PARTIES ALSO WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIALINDIRECT, SPECIAL, INCIDENTAL, OR INCIDENTAL CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR IN OF ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEDAMAGES. IN ADDITION, AND NOTWITHSTANDING NO EVENT SHALL THE COMPANY’S OR ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S OF SUCH INDEMNIFIED PARTIES’ MAXIMUM AGGREGATE LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS TOTAL AMOUNT PAID TO SCHOOL UNDER THIS AGREEMENT. BY YOU FOR REGISTRATION OF THE LIMITATION IN DOMAIN THAT IS AT ISSUE FOR THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSTHEN-CURRENT PERIOD OF REGISTRATION.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE ALGORITHMS AND/OR SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESSAND ALL WARRANTIES EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT THE ALGORITHMS AND/OR SERVICES WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF THE ALGORITHMS AND/OR SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL EITHER PARTY INTERMAP BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESCLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING CONSEQUENTIALWITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT DAMAGES. INTERMAP’S LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS LICENSE FEES PAID BY CUSTOMER TO SCHOOL UNDER THIS AGREEMENTINTERMAP WITH RESPECT TO THE ALGORITHMS AND/OR SERVICES AT ISSUE. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT FOREGOING LIMITATIONS APPLY TO (I) PLAYON’S ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR ITS PERSONNEL’S GROSS NEGLIGENCE WARRANTY OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGETORT AND IS A MATERIAL INDUCEMENT FOR INTERMAP GRANTING THE RIGHTS HEREIN. FOR CLARITY, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S UP42 HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSTHE PRODUCTS AND ALGORITHMS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. EFI M AKES NO REPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESSUPPORT SERVICES, SOFWTARE OR ANY OF PORTION THEREOF, WHETHER EXPRESS, IM PLIED, STATUTORY OR IN ANY OTHER PROVISION OF THIS AGREEM ENT OR ANY OTHER COMM UNICATION. TO THE M AXIM UM EXTENT PERM ITTED BY APPLICABLE LAW, EFI SPECIFICALLY DISCLAIM S ANY IMPLIED WARRANTY OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES CONDITION OF SECURITY, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEM ENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NO EFI DEALER, AGENT, OR EMPLOYEE IS AUTHOROISED TO M AKE ANY MODIFICATION, EXTENSION OR ADDITION TO THIS AGREEM ENT. TO THE M AXIM UM EXTENT PERM ITTED BY APPLICABLE LAW, YOU AGREE THAT THE ENTIRE LIABILITY OF EFI AND ITS SUPPLIERS FOR ALL CLAIM S RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/OR THIS LICENCE AGREEM ENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE), SHALL BE LIM ITED TO THE AM OUNT PAID BY YOU, IF ANY, FOR THE EFI SOFTWARE. YOU AGREE THAT SUCH AM OUNT IS SUFFICIENT TO SATISFY THE ESSENTIAL PURPOSE OF THIS LICENCE AGREEM ENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIM ATE OF ANY LOSS AND DAM AGE LIKELY TO BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR OM ISSION BY EFI AND/OR ITS SUPPLIERS. TO THE M AXIM UM EXTENT PERM ITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL EFI AND ITS SUPPLIERS BE LIABLE TO FOR THE OTHER COST OF PROCUREM ENT OF SUBSTITUTE SOFTWARE, PRODUCTS OR SERVICES, LOST PROFITS OR DATA, THIRD PARTY CLAIM S OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESSPECIAL, INCLUDING INDIRECT, RELIANCE, CONSEQUENTIAL, SPECIALEXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN DAM AGES, HOWEVER CAUSED AND ON ANY WAY THEORY OF LIABILITY, RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/OR THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS LICENCE AGREEM ENT. THIS LIM ITATION SHALL APPLY EVEN IF EFI AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSDAM AGES.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE (a) ALL CONTENT, SERVICES AND SOFTWARE PROVIDED BY PLAYON TRANSACTIONS ARE PROVIDED “ON AN "AS-IS" and "AS IS.” PLAYON MAKES NO AVAILABLE" BASIS. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. AISC DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. AISC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. , NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL AISC OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESPUNITIVE, INCLUDING CONSEQUENTIAL, SPECIALINCIDENTAL, EXEMPLARY, INDIRECT OR INCIDENTAL SPECIAL DAMAGES WHATSOEVER ARISING FROM (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER OTHER INTANGIBLES), WHETHER OR NOT A PARTY HAS SUCH DAMAGES WERE FORESEEABLE AND EVEN IF AISC HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGE DAMAGES. (c) THE INFORMATION PRESENTED ON THIS SITE SHOULD NOT BE USED OR RELIED UPON FOR ANY SPECIFIC APPLICATION WITHOUT COMPETENT PROFESSIONAL EXAMINATION AND WHETHER BASED VERIFICATION OF ITS ACCURACY, SUITABILITY, AND APPLICABILITY BY A LICENSED PROFESSIONAL ENGINEER, DESIGNER, OR ARCHITECT. THE PUBLICATION OF THE MATERIAL CONTAINED HEREIN IS NOT INTENDED AS A REPRESENTATION OR WARRANTY ON A BREACH THE PART OF CONTRACTAISC, TORT (INCLUDING NEGLIGENCEITS AFFILIATES OR ANY OTHER PERSON NAMED ON THE SITE THAT THIS INFORMATION IS SUITABLE FOR ANY GENERAL OR PARTICULAR USE OR OF FREEDOM FROM INFRINGEMENT OF ANY PATENT(s), PRODUCT COPYRIGHT(S), TRADE SECRET(S) OR OTHER PROPRIETARY INTEREST. ANYONE MAKING USE OF THIS INFORMATION ASSUMES ALL LIABILITY ARISING FROM SUCH USE. CAUTION MUST BE EXERCISED WHEN RELYING UPON OTHER SPECIFICATIONS AND CODES DEVELOPED BY OTHER BODIES AND INCORPORATED BY REFERENCE IN THIS SITE, SINCE SUCH MATERIAL MAY BE MODIFIED OR OTHERWISEAMENDED FROM TIME TO TIME SUBSEQUENT TO POSTING ON THIS SITE. IN ADDITION, AND NOTWITHSTANDING NEITHER AISC NOR ITS AFFILIATES BEAR ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (RESPONSIBILITY FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSSUCH MATERIAL.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. SIGNIFY PROVIDES YOU ACCESS TO THE APP AND USE OF THE SERVICES FREE OF CHARGE AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS ON AN "AS-IS.” PLAYON MAKES NO WARRANTIES" AND "AS-AVAILABLE" BASIS, EXPRESSWITHOUT WARRANTY OF ANY KIND. SIGNIFY AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, IMPLIED EXPRESS OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE APP AND ITS CONTENT. NEITHER SIGNIFY NOR LICENSORS AND SUPPLIERS WARRANTS OR MAKES ANY REPRESENTATIONS THAT (I) THE APP OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR THE SERVICES (INCLUDING ANY INFORMATION AND MATERIALS OR CONTENT ON OR IN THE APP) WILL BE CORRECT, COMPLETE, ACCURATE, SECURE, RELIABLE, OR OTHERWISE MEET YOUR REQUIREMENTS. SIGNIFY HAS NO DUTY TO UPDATE, SUPPLEMENT, SUPPORT, MAINTAIN OR OTHERWISE MODIFY THE APP OR THE SERVICES AT ANY TIME. IN NO EVENT WILL EITHER PARTY SIGNIFY, OR ANY AFFILIATES OR OWNERS OR LICENSORS BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESINDIRECT, INCLUDING CONSEQUENTIALINCIDENTAL, SPECIAL, EXEMPLARY, OR INCIDENTAL CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING FROM OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT CONNECTION WITH THESE TERMS AND/OR YOUR USE OF THE APP OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER SERVICES WHETHER OR NOT A PARTY HAS BEEN SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH DAMAGE. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONTRACTLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, TORT (INCLUDING NEGLIGENCE)SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCT SIGNIFY OR ITS AFFILIATES' OR IT'S LICENSORS' AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OF USE OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN OTHERWISE WITH RESPECT TO THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN APP OR THE AGGREGATE) TO SCHOOL UNDER SERVICES OR IN CONNECTION WITH THIS AGREEMENT CONTENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO AMOUNT OF FIFTY EURO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS€50.00).

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE DATA AND/OR SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESSAND ALL WARRANTIES EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT THE DATA AND/OR SERVICES WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF THE DATA AND/OR SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL EITHER PARTY INTERMAP BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESCLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING CONSEQUENTIALWITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT DAMAGES. INTERMAP’S LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS LICENSE FEES PAID BY CUSTOMER TO SCHOOL UNDER THIS AGREEMENTINTERMAP WITH RESPECT TO THE DATA AND/OR SERVICES AT ISSUE. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT FOREGOING LIMITATIONS APPLY TO (I) PLAYON’S ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR ITS PERSONNEL’S GROSS NEGLIGENCE WARRANTY OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGETORT AND IS A MATERIAL INDUCEMENT FOR INTERMAP GRANTING THE RIGHTS HEREIN. FOR CLARITY, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S UP42 HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSTHE PRODUCTS AND DATA.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PLATFORM IS SUPPLIED ON AN “AS IS.” PLAYON MAKES NO WARRANTIESAND “AS AVAILABLE“ BASIS. COMPANY, COMPANY'S LICENSORS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NONINFRINGEMENTNON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PLATFORM TO ACHIEVE YOUR INTENDED RESULTS, AND FITNESS FOR A PARTICULAR PURPOSETHE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PLATFORM. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY COMPANY, COMPANY'S LICENSORS, AND ASSOCIATED SERVICE PROVIDERS BE LIABLE TO FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE OTHER USE OF THE PLATFORM OR ANY RELATED THIRD PARTY FOR SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY INDIRECT DAMAGESKIND, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR WHETHER IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCEFOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), PRODUCT LIABILITY CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATEB) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.DIRECT LOSS;

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE PROGRAM (INCLUDING, WITHOUT LIMITATION, ALL PROGRAM-RELATED SERVICES) IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS SUPPLIERS DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, ANY SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESINTUIT OR ITS SUPPLIERS, EXPRESSQUICKBOOKS OR OTHER SOFTWARE, IMPLIED ANY TRAINING GUIDE, AND/OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND ANY OTHER RELATED MATERIALS INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR MERCHANTABILITY, OR THEIR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN PROGRAM MEMBERS. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE COMMENCEMENT DATE OF SUCH MEMBER’S INITIAL PROGRAM MEMBERSHIP. HOWEVER, SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS IN DURATION MAY NOT APPLY TO CERTAIN MEMBERS. IN NO EVENT WILL EITHER PARTY SHALL INTUIT OR ITS SUPPLIERS BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESAMOUNTS IN EXCESS OF THE FEES PAID BY YOU TO INTUIT HEREUNDER FOR THE MOST RECENT MEMBERSHIP PERIOD, NOR SHALL INTUIT OR ITS SUPPLIERS BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, INCLUDING CONSEQUENTIALWITHOUT LIMITATION, SPECIAL, LOST BUSINESS OR INCIDENTAL DAMAGES WHATSOEVER PROFITS ARISING FROM ANY MATTERS UNDER THIS AGREEMENT, REGARDLESS OF WHETHER INTUIT OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED ITS SUPPLIERS HAVE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGE DAMAGES. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND WHETHER BASED ON A EXCLUSIVE REMEDIES FOR ANY BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, THESE TERMS AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSCONDITIONS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON EFI MAKES NO WARRANTIESREPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE SUPPORT SERVICES, SOFTWARE OR ANY OF PORTION THEREOF, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR OTHERWISE AND IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFI SPECIFICALLY DISCLAIMS THE ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF SECURITY, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NO EFI DEALER, AGENT, OR EMPLOYEE IS AUTHOROISED TO MAKE ANY MODIFICATION, EXTENSION OR ADDITION TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE ENTIRE LIABILITY OF EFI AND ITS SUPPLIERS FOR ALL CLAIMS RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/OR THIS LICENCE AGREEMENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE EFI SOFTWARE. YOU AGREE THAT SUCH AMOUNT IS SUFFICIENT TO SATISFY THE ESSENTIAL PURPOSE OF THIS LICENCE AGREEMENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIMATE OF ANY LOSS AND DAMAGE LIKELY TO BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR OMISSION BY EFI AND/OR ITS SUPPLIERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL EFI AND ITS SUPPLIERS BE LIABLE TO FOR THE OTHER COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE, PRODUCTS OR SERVICES, LOST PROFITS OR DATA, THIRD PARTY CLAIMS OR ANY THIRD PARTY FOR ANY INDIRECT SPECIAL, INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING CONSEQUENTIALHOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/OR THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS LICENCE AGREEMENT. THIS LIMITATION SHALL APPLY EVEN IF EFI AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT DAMAGES. Les obligations d’EFI au titre du présent Contrat de maintenance et d’assistance logicielles (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY ci-après « CMAL » ou le présent « Contrat ») concernant EFI’s JobMaster Software (FOR ALL CLAIMS IN THE AGGREGATE« le Logiciel ») TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSse limitent aux conditions exposées ci-après.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. CHOPTANK FIBER INTERNET SERVICE IS PROVIDED UNDER THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED TERMS OF THIS APPLICATION ON AN “AS IS.” PLAYON MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF MERCHANTABILITYANY KIND, NONINFRINGEMENTEITHER EXPRESSED OR IMPLIED. CHOPTANK FIBER AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE SERVICE PROVIDED HEREUNDER, AND EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CHOPTANK FIBER AND ITS SUPPLIERS DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON CHOPTANK FIBER’S BEHALF AND THE CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY OF CHOPTANK FIBER AND ITS SUPPLIERS. THE WARRANTY SET FORTH IN THIS SECTION IS THE SOLE AND EXCLUSIVE WARRANTY PERTAINING TO ANY SERVICES OR EQUIPMENT SOLD BY CHOPTANK FIBER HEREUNDER, AND CHOPTANK FIBER AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, REPRESENTATIONS, OR GUARANTEES WITH RESPECT THERETO. THIRD PARTY PRODUCED ITEMS ARE PROVIDED AS IS AND WITHOUT WARRANTY. IN NO EVENT WILL EITHER PARTY SHALL CHOPTANK FIBER AND ITS SUPPLIERS (OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS) BE LIABLE TO THE OTHER OR ANY THIRD PARTY CUSTOMER FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIALINDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INCIDENTAL EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES WHATSOEVER FOR LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF CUSTOMERS, CLIENTS OR GOODWILL ARISING FROM OR IN ANY WAY RELATED TO THIS MANNER FROM THE AGREEMENT AND/OR THE RIGHTS PERFORMANCE OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A NONPERFORMANCE HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE LOSSES OR DAMAGES, AND REGARDLESS OF THE NATURE OF THE CLAIM OR FORM OF SUCH ACTION, WHETHER BASED ON A IN CONTRACT OR TORT INCLUDING NEGLIGENCE. CHOPTANK FIBER’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDIES WITH RESPECT TO ANY SERVICE PROVIDED TO CUSTOMER (INCLUDING, WITHOUT LIMITATION WITH RESPECT TO THE INSTALLATION, DELAY, PROVISION, TERMINATION, MAINTENANCE, REPAIR, INTERRUPTION, OR RESTORATION OF ANY SUCH SERVICE) OR BREACH OF CONTRACTTHE AGREEMENT, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY INDEMNITY, OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION STRICT LIABILITY) SHALL BE LIMITED TO A MAXIMUM OF A TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER TO CHOPTANK FIBER IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN MOST RECENT THREE MONTH PERIOD HEREUNDER. THE AGGREGATE) TO SCHOOL UNDER PROVISIONS OF THIS SECTION CONSTITUTE AN ALLOCATION OF RISK BETWEEN THE PARTIES AND THE PRICE CHARGED CUSTOMER IS BASED ON SUCH ALLOCATION OF RISK. THE TERMS OF THIS SECTION SHALL SURVIVE THE FAILURE OF AN EXCLUSIVE OR IN CONNECTION WITH LIMITED REMEDY OR THE TERMINATION OF THIS AGREEMENT SHALL NOT EXCEED FOR ANY REASON. THIS SECTION SURVIVES TERMINATION OF THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE ALL DATA AND/OR ANY SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESSAND ALL WARRANTIES EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT THE DATA AND/OR ANY SERVICES WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF THE DATA AND/OR ANY SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL EITHER PARTY INTERMAP BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESCLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING CONSEQUENTIALWITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT DAMAGES. INTERMAP’S LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS LICENSE FEES PAID BY CUSTOMER TO SCHOOL UNDER THIS AGREEMENTINTERMAP WITH RESPECT TO THE DATA AND/OR ANY SERVICES AT ISSUE. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT FOREGOING LIMITATIONS APPLY TO (I) PLAYON’S ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR ITS PERSONNEL’S GROSS NEGLIGENCE WARRANTY OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL TORT AND IS A MATERIAL INDUCEMENT FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSINTERMAP GRANTING THE RIGHTS HEREIN.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. a) THE SERVICES PRODUCT IS PROVIDED UNDER THIS AGREEMENT ‘AS IS’ AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.AVAILABLE” PLAYON MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESSEITHER EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER. b) IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF THE OTHER PARTY FOR OR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES. c) IN NO EVENT WILL EITHER PARTY’S TOTAL AND WHETHER BASED ON A BREACH AGGREGATE LIABILITY TO THE OTHER ARISING OUT OF CONTRACT, TORT OR RELATED TO THIS AGREEMENT OR THE PRODUCT (INCLUDING NEGLIGENCEAS DEFINED IN THIS AGREEMENT) EXCEED THE GREATER OF: (A) FIVE THOUSAND UNITED STATES DOLLARS (USD $5,000), PRODUCT LIABILITY ; OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION (B) THE FEES PAID OR PAYABLE BY CUSTOMER UNDER THIS AGREEMENT IN THE AGREEMENT, PLAYON’S MAXIMUM TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. THE IMMEDIATELY PRECEDING SENTENCE DOES FOREGOING LIMITATIONS SHALL NOT APPLY TO CUSTOMER’S OBLIGATION TO PAY FEES LEGALLY OWED UNDER THIS AGREEMENT, CUSTOMER’S BREACH OF SECTION 2(B) (IRESTRICTIONS) PLAYONOF THIS AGREEMENT, INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S OR ITS PERSONNEL’S INTELLECTUAL PROPERTY RIGHTS, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGEMISCONDUCT, PERSONAL FRAUD OR FRAUDULENT MISPREPRESENTATION, OR DEATH OR BODILY INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSCAUSED BY NEGLIGENCE.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “EXCEPT AS IS.” PLAYON MAKES NO WARRANTIESEXPRESSLY SET FORTH HEREIN, EXPRESS, IMPLIED OR OTHERWISE AND PROVIDER SPECIFICALLY DISCLAIMS THE ANY OTHER EXPRESS OR IMPLIED STANDARDS, GUARANTEES, OR WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE, ANY WARRANTY OF ERROR-FREE PERFORMANCE, OR ANY WARRANTY OF THIRD PARTY PRODUCTS, OR FUNCTIONALITY OF THE CUSTOMER’S HARDWARE, SOFTWARE, FIRMWARE, OR COMPUTER SYSTEMS. IN NO EVENT WILL EITHER PARTY PROVIDER SHALL NOT BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESPUNITIVE, INCLUDING CONSEQUENTIALEXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR INCIDENTAL DAMAGES WHATSOEVER CONSEQUENTIAL DAMAGES, (INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST REVENUES OR PROFITS, LOSS OF USE OR EQUIPMENT DOWN TIME, AND LOSS OF OR CORRUPTION TO DATA) ARISING FROM OUT OF OR IN ANY WAY RELATED RELATING TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS AGREEMENT, REGARDLESS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES. CUSTOMER XXXXXX AGREES THAT PROVIDER'S TOTAL LIABILITY FOR ANY AND WHETHER BASED ON A ALL LIABILITIES CLAIMS, OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, HOWSOEVER CAUSED AND REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING BREACH OF CONTRACTCONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE)TORT, PRODUCT STRICT LIABILITY, STATUORY LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENTSHALL NOT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) , EXCEED FEES PAID TO SCHOOL UNDER OR IN CONNECTION WITH PROVIDER DURING THE PREVIOUS 12-MONTH PERIOD. THE PARTIES ACKNOWLEDGE AND AGREE TO THE FOREGOING LIABILITY RISK ALLOCATION. ANY CLAIM BY CUSTOMER AGAINST PROVIDER RELATING TO THIS AGREEMENT SHALL NOT EXCEED MUST BE MADE IN WRITING AND PRESENTED TO PROVIDER WITHIN SIX (6) MONTHS AFTER THE AMOUNTS PAID TO SCHOOL UNDER DATE ON WHICH THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S AGREEMENT EXPIRES OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSIS OTHERWISE TERMINATED.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES INSITEPRO AND SOFTWARE PROVIDED BY PLAYON ANY AUTHORIZED DERIVATIVE WORKS ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESSAND ALL WARRANTIES EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT INSITEPRO WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF INSITEPRO WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL EITHER PARTY INTERMAP BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESCLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING CONSEQUENTIALWITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT DAMAGES. INTERMAP’S LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS LICENSE FEES PAID BY CUSTOMER TO SCHOOL UNDER THIS AGREEMENTINTERMAP WITH RESPECT TO INSITEPRO AT ISSUE. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT FOREGOING LIMITATIONS APPLY TO (I) PLAYON’S ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR ITS PERSONNEL’S GROSS NEGLIGENCE WARRANTY OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL TORT AND IS A MATERIAL INDUCEMENT FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSINTERMAP GRANTING THE RIGHTS HEREIN.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON EFI MAKES NO WARRANTIESREPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE SUPPORT SERVICES, SOFTWARE, OR ANY OF PORTION THEREOF, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY, OR OTHERWISE AND IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFI SPECIFICALLY DISCLAIMS THE ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF SECURITY, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NO EFI DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE ENTIRE LIABILITY OF EFI AND ITS SUPPLIERS FOR ALL CLAIMS RELATED TO ANY SOFTWARE, PRODUCT, SERVICES, AND/OR THIS LICENSE AGREEMENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE EFI SOFTWARE. YOU AGREE THAT SUCH AMOUNT IS SUFFICIENT TO SATISFY THE ESSENTIAL PURPOSE OF THIS LICENSE AGREEMENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIMATE OF ANY LOSS AND DAMAGE LIKELY TO BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR OMISSION BY EFI AND/OR ITS SUPPLIERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL EFI AND ITS SUPPLIERS BE LIABLE TO THE OTHER FOR COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE, PRODUCTS OR SERVICES, LOST PROFITS OR DATA, THIRD PARTY CLAIMS, OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESSPECIAL, INCLUDING INDIRECT, RELIANCE, CONSEQUENTIAL, SPECIALEXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN DAMAGES, HOWEVER CAUSED AND ON ANY WAY THEORY OF LIABILITY, RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/ OR THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS LICENSE AGREEMENT. THIS LIMITATION SHALL APPLY EVEN IF EFI AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSDAMAGES.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. YOU USE THE SERVICES AND SOFTWARE PROVIDED BY PLAYON SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “ON AN "AS IS.” PLAYON MAKES NO WARRANTIES" AND "AS AVAILABLE" BASIS. WE DO NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY, EXPRESSNOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR SERVICES OR VERIFY THE IDENTITY OF OUR USERS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IMPLIED WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE, OR ANY PART THEREOF, WILL BE AVAILABLE OR OPERATE IN NO EVENT AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL EITHER PARTY BE LIABLE CORRECTED, AND WE DISCLAIM ALL LIABILITY RELATED THERETO. NOTWITHSTANDING ANYTHING TO THE OTHER CONTRARY IN THIS AGREEMENT, NONE OF MAVEN OR ANY THIRD PARTY OF OUR AFFILIATES OR EMPLOYEES SHALL BE CUMULATIVELY LIABLE FOR (A) ANY INDIRECT DAMAGES IN EXCESS OF THE FEES YOU PAID TO MAVEN DURING THE MOST RECENT 30 DAY PERIOD, OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING CONSEQUENTIALBUT NOT LIMITED TO LOSS OF PROFITS, SPECIALLOST TIME OR GOOD WILL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND DAMAGES, WHETHER BASED ON A BREACH OF IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT STRICT LIABILITY OR OTHERWISE. IN ADDITIONSOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, AND NOTWITHSTANDING ANY OTHER PROVISION IN SO THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES ABOVE EXCLUSIONS MAY NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSYOU.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. A. EXCEPT FOR THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, CONTRACTOR MAKES NO WARRANTIES, EXPRESSEITHER EXPRESS OR IMPLIED, IMPLIED WITH RESPECT TO THE SERVICES AND REPLACEMENT COMPONENTS PROVIDED HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL SUCH WARRANTIES ARE DISCLAIMED. B. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. EXCEPT FOR CONTACTOR’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, CONTRACTOR’S TOTAL LIABILITY WITH RESPECT TO ANY AND ALL CLAIMS REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON- PERFORMANCE OF ANY OF CONTRACTOR’S OBLIGATIONS UNDER THIS AGREEMENT, OR THE USE OF THE SERVICES BY OR ON BEHALF OF OWNER OR ANY OTHER THIRD PARTY, SHALL BE SOLELY FOR OWNER’S DIRECT DAMAGES. C. EXCEPT FOR CONTACTOR’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING CONSEQUENTIAL, SPECIALANY DAMAGES FOR BUSINESS INTERRUPTION, OR INCIDENTAL DAMAGES WHATSOEVER LOSS OF USE/DATA/REVENUE/PROFIT, WHETHER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OUT OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. D. EXCEPT FOR CONTACTOR’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, PRODUCT IN NO EVENT SHALL CONTRACTOR’S AGGREGATE LIABILITY TO OWNER FOR DIRECT DAMAGES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS TOTAL AMOUNT PAID TO SCHOOL CONTRACTOR FOR THAT SITE OR SYSTEM DURING THE PRIOR TWELVE (12) MONTH PERIOD FOR SERVICES PERFORMED UNDER THIS AGREEMENT. THE LIMITATION IN FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYONOWNER’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSREMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 1.1. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. 1.2. WE DO NOT WARRANT THAT THE SERVICES AND SOFTWARE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. 1.3. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. 1.4. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE DELIVERED TO YOU THROUGH DOUBTCONNECT ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED BY PLAYON ARE PROVIDED “'AS IS.” PLAYON MAKES NO WARRANTIES' AND 'AS AVAILABLE' FOR YOUR USE, EXPRESSWITHOUT ANY REPRESENTATION, IMPLIED WARRANTIES OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENTMERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. 1.5. IN NO EVENT WILL EITHER PARTY CASE SHALL DOUBTCONNECT, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE TO THE OTHER FOR ANY INJURY, LOSS, CLAIM, OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESDIRECT, INCLUDING CONSEQUENTIALINDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR INCIDENTAL CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND SIMILAR DAMAGES, WHETHER BASED ON A BREACH OF IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT STRICT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ARISING FROM YOUR USE OF ANY OF THE SERVICE PROCURED USING THE SERVICE, OR FOR ANY OTHER PROVISION CLAIM RELATED IN ANY WAY TO YOUR USE OF THE AGREEMENTSERVICE, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE AGGREGATE) TO SCHOOL UNDER USE OF THE SERVICE OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGESERVICE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSEVEN IF ADVISED OF THEIR POSSIBILITY.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 6.1 TO THE SERVICES MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE IS PROVIDED BY PLAYON ARE PROVIDED “"AS IS.” PLAYON MAKES NO WARRANTIES", EXPRESS, IMPLIED OR OTHERWISE AND EMA AND ITS SUPPLIERS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIMS THE DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITYEVERY KIND RELATING TO THE SOFTWARE AND/OR USE OF THE SOFTWARE (INCLUDING, NONINFRINGEMENTWITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. , AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE SOFTWARE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. 6.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALLEMA OR ITS LICENSORS BE LIABLE TO THE OTHER OR UNDER ANY THIRD PARTY THEORY OF LIABILITY FOR ANY INDIRECT DAMAGESCONSEQUENTIAL, INCLUDING CONSEQUENTIALINDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR INCIDENTAL EXEMPLARY DAMAGES WHATSOEVER OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA, OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE'S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF SOFTWARE, OR ANY WAY RELATED TO THIS AGREEMENT SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR THE RIGHTS WARRANTY OR OBLIGATIONS FROM NEGLIGENCE OR STRICT LIABILITY, EVEN IF EMA OR ANY OF THE PARTIES HEREUNDER WHETHER ITS LICENSORS OR NOT A PARTY ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITIONDAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY OTHER PROVISION IN REMEDY TO ACHIEVE ITS INTENDED PURPOSE. THE AGREEMENT, PLAYON’S MAXIMUM AGGREGATE LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL OF EMA AND ITS LICENSORS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS AMOUNT PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL BY LICENSEE FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSSOFTWARE.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. ALL SERVICES AND PRODUCTS (IF ANY) PROVIDED BY LS UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS-IS” BASIS. LS DOES NOT WARRANT THAT THE SERVICES OR PRODUCTS (IF ANY) PROVIDED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. LS DISCLAIMS ANY AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO ALL REPRESENTATIONS AND WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. LS’S TOTAL LIABILITY TO PUBLISHER FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY PUBLISHER TO LS HEREUNDER FOR THE TWELVE MONTH PERIOD PRIOR TO LS’S ACT GIVING RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT WITH RESPECT TO THE OBLIGATIONS UNDER SECTION 7 IN NO EVENT WILL EITHER PARTY SHALL LS OR PUBLISHER, THEIR PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO THE OTHER FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR ANY THIRD PARTY FOR ANY INDIRECT SPECIAL DAMAGES, INCLUDING CONSEQUENTIALWITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, SPECIALREVENUES, BUSINESS, USE, DATA OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER OTHER INTANGIBLES, WHETHER OR NOT A PARTY HAS SUCH DAMAGES WERE FORESEEABLE AND EVEN IF LS OR PUBLISHER HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACTDAMAGES. Publisher acknowledges that due to the nature of the Internet its Digital Media Files may be sold in geographic territories for which it does not have Territorial Rights. Publisher, TORT (INCLUDING NEGLIGENCE)therefore, PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSwaives any claim for damages against LS for sales of its Digital Media Files in territories for which it does not have the right to sell or distribute the Digital Media Files.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. EXCEPT FOR THE SERVICES WARRANTIES SET FORTH IN THIS AGREEMENT, EACH PARTY HEREBY DISCLAIMS ALL OTHER WARRANTIES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESREPRESENTATIONS, EXPRESSWHETHER EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A USE AND/OR PARTICULAR PURPOSEPURPOSES. IN NO EVENT WILL EITHER EXCEPT FOR DAMAGES AVAILABLE FOR BREACH OF ARTICLE 7, AND EXCEPT FOR INDEMNIFICATION OBLIGATIONS UNDER ARTICLE 8, NEITHER PARTY SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR INCIDENTAL CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES OR PROFITS OF CUSTOMER AND/OR ITS CUSTOMERS, AGENTS AND DISTRIBUTORS, OR OF SUPPLIER, RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO CONNECTION WITH THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER AGREEMENT, WHETHER OR NOT A SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES BROADLY, AND WHETHER BASED ON TO ANY AND ALL PRODUCTS MANUFACTURED AND SUPPLIED HEREUNDER, AND SHALL NOT BE CONSTRUED TO APPLY ONLY TO DAMAGES OCCURRING AS A RESULT OF BREACH OF CONTRACTANY PRODUCT WARRANTIES, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING BUT SHALL ALSO APPLY TO ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH DAMAGES OCCURRING AS A CONSEQUENCE OF THIS AGREEMENT OR ANY BREACH HEREOF. ALL LIMITATIONS OF LIABILITY, PURSUANT TO THE TERMS HEREIN, SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. EXCEPT FOR DAMAGES ARISING FROM [*] OR DAMAGES AVAILABLE FOR [ * ], UNDER NO CIRCUMSTANCES SHALL SUPPLIER BE LIABLE TO CUSTOMER FOR ANY CLAIM UNDER THIS AGREEMENT IN AN AMOUNT EXCEEDING THE LIMITATION GREATER OF [ * ] OR [ * ]. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY SECURITIES AND EXCHANGE COMMISSION PURSUANT TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGERULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSAS AMENDED.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROGRAM CONTENT IS PROVIDED BY PLAYON ARE PROVIDED “UNDER THIS AGREEMENT ‘AS IS.” PLAYON MAKES NO WARRANTIES’ WITHOUT WARRANTY OF ANY KIND, EXPRESSEITHER EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR WARRANTIES THAT THE PROGRAM CONTENT IS FREE OF DEFECTS. PARTICIPANT BEARS THE ENTIRE RISK IN CONNECTION WITH ITS USE OF THE PROGRAM CONTENT UNDER THIS AGREEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PROGRAM CONTENT IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER. IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF THE OTHER PARTY FOR OR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEDAMAGES. IN ADDITIONNO EVENT WILL EITHER PARTY’S TOTAL, AND NOTWITHSTANDING ANY AGGREGATE LIABILITY TO THE OTHER PROVISION IN EXCEED THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY GREATER OF: (FOR ALL CLAIMS IN A) FIVE THOUSAND UNITED STATES DOLLARS (USD $5,000); OR (B) THE AGGREGATEPROGRAM FEES (IF ANY) TO SCHOOL PAID BY PARTICIPANT UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED FOR THE AMOUNTS PAID ONE YEAR PERIOD PRIOR TO SCHOOL UNDER THIS AGREEMENTTHE EVENT GIVING RISE TO THE CLAIM. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES FOREGOING LIMITATIONS SHALL NOT APPLY TO (I) PLAYONA PARTY’S BREACH OF ITS CONFIDENTIALITY AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS OBLIGATIONS HEREUNDER, OR ITS PERSONNELTO A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; FRAUD OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSFRAUDULENT MISREPRESENTATION.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESSnapfinger does not warrant that Snapfinger or the System will operate without interruption or be error-free. SNAPFINGER DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL EITHER PARTY SNAPFINGER SHALL NOT BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESSPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING CONSEQUENTIALWITHOUT LIMITATION, SPECIALDAMAGES BASED ON LOSS OF PROFIT, LOSS OF DATA OR COMPUTER TIME, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM ALTERATION OR ERRONEOUS TRANSMISSION OF DATA, EVEN IF SNAPFINGER IS ADVISED IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES. SNAPFINGER’S TOTAL LIABILITY TO SUBSCRIBER UNDER ANY PROVISION OF THIS AGREEMENT (OTHER THAN INDEMNIFICATION UNDER SECTION 5) OR FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES RELATING TO THE SYSTEM OR SNAPFINGER (WHETHER BASED ON A BREACH OF TORT, CONTRACT, TORT (INCLUDING NEGLIGENCEOR OTHERWISE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN EXCLUDING CLAIMS BASED UPON THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING OF SNAPFINGER, SHALL BE LIMITED TO THE AMOUNT PAID BY SUBSCRIBER TO SNAPFINGER WITHIN THE PRIOR 3 MONTH PERIOD FOR THE SERVICES GIVING RISE TO THE LIABILITY. EACH OF THE PARTIES RELIED ON THIS LIMITATION IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSENTERING INTO THIS AGREEMENT.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN ¡°AS IS¡± AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “¡°AS IS.” PLAYON MAKES NO WARRANTIESAVAILABLE¡° BASIS. UBISOFT UBISOFT¡¯S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NONINFRINGEMENTNON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. UBISOFT DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FITNESS FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL UBISOFT, UBISOFT¡¯S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS. NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A PARTICULAR PURPOSEDISPUTE WITH UBISOFT OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, UBISOFT¡¯S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT WILL EITHER PARTY UBISOFT, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO UBISOFT FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. NOTHING IN THIS SECTION 6 SHALL AFFECT UBISOFT¡¯S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM UBISOFT¡¯S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR ANY LIMITED UNDER APPLICABLE LAW. FOR PURPOSES OF THIS SECTION 6, UBISOFT¡¯S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSXXXX AGAINST YOU.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE RUBRIK PRODUCT IS PROVIDED “AS AS-IS.” PLAYON MAKES NO RUBRIK, ITS SUPPLIERS AND LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN RUBRIK, ITS SUPPLIERS AND LICENSORS SHALL HAVE NO EVENT WILL EITHER PARTY BE LIABLE LIABILITY OF ANY TYPE UNDER ANY LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE PRODUCTS AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL POC UNDER THIS AGREEMENT, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE RUBRIK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE POC, THE PRODUCT AND THIS AGREEMENT IS US$1,000. NOTWITHSTANDING ANYTHING TO THE LIMITATION CONTRARY IN THIS AGREEMENT, CUSTOMER SHALL NOT USE THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYONFREE TRIAL SERVICE IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF THE POC. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSFREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE POC.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. ADSWIZZ EXPLICITLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, ANY APPS AND ANY SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PLAYON MAKES NO WARRANTIESSOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBIT SUCH EXCLUSIONS OR LIMITATIONS, EXPRESSTHOSE SUCH EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. ADSWIZZ’S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICES WILL NOT EXCEED USD$100. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, BREACH OF MERCHANTABILITYCONTRACT, NONINFRINGEMENTBREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND FITNESS FOR A PARTICULAR PURPOSEOTHER TORTS. IN NO EVENT WILL EITHER PARTY SHALL ADSWIZZ BE LIABLE TO THE OTHER YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESINDIRECT, INCLUDING INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM PUNITIVE DAMAGES, OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS LOST PROFITS, REGARDLESS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADSWIZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSDAMAGES OCCURRING.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND The warranty set forth above in paragraph 4 is the only warranty provided to Licensee and except thereof ALL SOFTWARE IS PROVIDED BY PLAYON ARE PROVIDED “"AS IS.” PLAYON MAKES NO " WITHOUT WARRANTY OF ANY KIND. SONOPLOT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED IMPLIED, OR OTHERWISE AND SPECIFICALLY DISCLAIMS STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR- FREE OR WARRANTIES ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE. IN NO EVENT THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SOFTWARE IS ASSUMED BY LICENSEE. Local law In some jurisdictions may limit the foregoing limitation of liability. SONOPLOT ITS AGENT AND DEALERS WILL EITHER PARTY NOT, UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER OR ANY THIRD PARTY LICENSEE FOR ANY INDIRECT DAMAGESPUNITIVE, INCLUDING CONSEQUENTIALDIRECT, SPECIALINCIDENTAL, INDIRECT, SPECIAL OR INCIDENTAL CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM USE OF THE SOFTWARE OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS EVEN IF SONOPLOT AND ITS AGENTS AND DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES. IN NO EVENT SHALL SONOPLOT'S TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGE, LOSSES, AND CAUSES OF ACTION (WHETHER BASED ON A BREACH OF CONTRACT, IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY ) OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS LICENSE FEES ACTUALLY PAID DURING THE 12-MONTH PERIOD PRIOR TO SCHOOL UNDER THE DATE ON WHICH THE CLAIM AROSE, OR IF GRATER THE PURCHASE PRICE OF THE INSTRUMENT. THESE DISCLAIMERS OF LIABILITY WILL NOT BE AFFECTED IF ANY LIMITED REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. LICENSEE AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SONOPLOT AND ITS LICENSOR DEALERS AND AGENTS AND ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES AFFILIATES OR AGENTS FROM AND AGAINST ANY AND ALL DAMAGE, LIABILITY AND OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RESULTING FROM LICENSEE USE OF THE SOFTWARE OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON EFI MAKES NO WARRANTIESREPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE SUPPORT SERVICES, SOFTWARE, OR ANY OF PORTION THEREOF, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY, OR OTHERWISE AND IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFI SPECIFICALLY DISCLAIMS THE ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF SECURITY, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NO EFI DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE ENTIRE LIABILITY OF EFI AND ITS SUPPLIERS FOR ALL CLAIMS RELATED TO ANY SOFTWARE, PRODUCT, SERVICES, AND/OR THIS LICENSE AGREEMENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE EFI SOFTWARE. YOU AGREE THAT SUCH AMOUNT IS SUFFICIENT TO SATISFY THE ESSENTIAL PURPOSE OF THIS LICENSE AGREEMENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIMATE OF ANY LOSS AND DAMAGE LIKELY TO BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR OMISSION BY EFI AND/OR ITS SUPPLIERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL EFI AND ITS SUPPLIERS BE LIABLE TO THE OTHER FOR COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE, PRODUCTS OR SERVICES, LOST PROFITS OR DATA, THIRD PARTY CLAIMS, OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESSPECIAL, INCLUDING INDIRECT, RELIANCE, CONSEQUENTIAL, SPECIALEXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN DAMAGES, HOWEVER CAUSED AND ON ANY WAY THEORY OF LIABILITY, RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/ OR THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS LICENSE AGREEMENT. THIS LIMITATION SHALL APPLY EVEN IF EFI AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT DAMAGES. Les obligations d’EFI au titre du présent Contrat de maintenance et d’assistance logicielles (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEci-après « CM AL » ou le présent « Contrat ») concernant Fiery XF (« le Logiciel ») se limitent aux conditions exposées ci-après. 1. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENTEléments livrables et attentes en matière de maintenance et d’assistance logicielles 2. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.Conditions de formulation d’une demande d’assistance 3. Coordonnées et informations liées au service d’assistance : 4. Renouvellement

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. I. No Warranties THE SERVICES SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND SOFTWARE INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED BY PLAYON ARE PROVIDED “"AS IS.” PLAYON MAKES NO WARRANTIES" AND ON AN "AS AVAILABLE" BASIS, EXPRESSWITHOUT WARRANTIES OF ANY KIND, IMPLIED EITHER EXPRESS OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON- INFRINGEMENT. IN TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AXP MAKES NO EVENT WARRANTIES THAT THE SERVICE WILL EITHER PARTY MEET YOUR REQUIREMENTS AND SHALL NOT BE LIABLE TO FOR THE OTHER USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICE UNDER ANY THIRD PARTY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, AXP'S NEGLIGENCE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT USE OF THE SERVICE'S 'FRAUD REPORTING' FEATURE DOES NOT GUARANTEE AGAINST FRAUD, AND THAT AXP MAKES NO WARRANTY THAT SECURITY BREACHES WILL NOT OCCUR. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, DAMAGE TO YOUR EQUIPMENT OR INCIDENTAL DAMAGES WHATSOEVER ARISING LOSS OF DATA THAT RESULTS FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY DOWNLOAD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH MATERIAL AND/OR DATA. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSSUPPLEMENT.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES GRAINGER’S WARRANTY DISCLAIMER AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “LIMITATION OF LIABILITY APPLY TO SOURCED PRODUCTS. WARRANTY DISCLAIMER. GRAINGER SHALL HAVE NO LIABILITY FOR, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS IS.” PLAYON MAKES NO WARRANTIESSET FORTH IN THIS AGREEMENT, EXPRESSINCLUDING, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS WITHOUT LIMITATION I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; II) ANY WARRANTY OR AFFIRMATION OF FACT RELATED TO MISUSE, IMPROPER SELECTION, RECOMMENDATION, OR MISAPPLICATION OF ANY PRODUCT; AND III) ANY WARRANTY OR AFFIRMATION OF FACT THAT THE CATALOGS, LITERATURE, AND WEBSITES IT PROVIDES ACCURATELY ILLUSTRATE AND DESCRIBE PRODUCTS. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR LIMITATION OF LIABILITY. ANY THIRD PARTY LIABILITY FOR ANY INDIRECT DAMAGESCONSEQUENTIAL, INCLUDING CONSEQUENTIALINCIDENTAL, SPECIAL, EXEMPLARY, OR INCIDENTAL PUNITIVE DAMAGES WHATSOEVER ARISING FROM OR IS EXPRESSLY DISCLAIMED. GRAINGER’S LIABILITY IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT EVENTS SHALL NOT EXCEED THE AMOUNTS PURCHASE PRICE PAID FOR THE SOURCED PRODUCT THAT GIVES RISE TO SCHOOL UNDER THIS AGREEMENTANY LIABILITY. GRAINGER’S PAYMENT OF SUCH AMOUNT SHALL BE THE LIMITATION FINAL AND EXCLUSIVE REMEDY IN THE IMMEDIATELY PRECEDING SENTENCE DOES EXHAUSTION OR UNAVAILABILITY OF ANY OTHER REMEDY SPECIFIED HEREIN AND SHALL NOT APPLY BE CONSTRUED OR ALLEGED BY PROGRAM PARTICIPANT TO (I) PLAYON’S OR HAVE FAILED OF ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSESSENTIAL PURPOSE.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES WEBSITE AND SOFTWARE PROVIDED BY PLAYON ALL RELATED CONTENT ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESAND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TAX-AID DOES NOT GUARANTEE, EXPRESSREPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL EITHER PARTY SHALL TAX-AID OR ANY OF ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES THAT RESULT FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE OTHER WEBSITE, INCLUDING WITHOUT LIMITATION FOR ANY PERSONAL INJURY OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR INCIDENTAL CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR IN OF ANY WAY RELATED TO THIS AGREEMENT KIND. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE RIGHTS LIMITATION OR OBLIGATIONS EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. ABOVE LIMITATIONS IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES SECTION MAY NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING YOU. NOTHING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSYOU.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE VERIZON AND ITS APPLICABLE AFFILIATES, LICENSORS AND SUPPLIERS PROVIDE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESAND DISCLAIM ALL REPRESENTATIONS OR WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSINCLUDING, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT SERVICES SHALL BE ERROR-FREE OR COMPLETELY SECURE. IN NO EVENT WILL EITHER NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST DATA, LOST PROFITS, LOST REVENUES, BUSINESS INTERRUPTION, OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESOTHER INDIRECT, INCLUDING CONSEQUENTIALINCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS EXEMPLARY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE PARTIES HEREUNDER THEORY OF LIABILITY, WHETHER OR NOT A SUCH PARTY HAS BEEN ADVISED KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES AND WHETHER BASED ON A BREACH OR NOT THE REMEDIES PROVIDED FOR HEREIN FAIL OF CONTRACTTHEIR ESSENTIAL PURPOSE, TORT (INCLUDING NEGLIGENCE)OR WHETHER FORESEEABLE OR NOT, PRODUCT LIABILITY ARISING FROM THE PERFORMANCE OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE NONPERFORMANCE OF THIS AGREEMENT, PLAYONOR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH OR RELATED TO VERIZON SYSTEMS, NETWORKS, COMPONENTS OR PROCESSES, ANY VERIZON SERVICES, EQUIPMENT, SOFTWARE OR DOCUMENTATION. VERIZON SHALL NOT BE LIABLE FOR BANDWIDTH THEFT OR OTHER MALICIOUS ACTS BY THIRD PARTIES. EACH PARTY’S MAXIMUM AGGREGATE LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR AND DAMAGES IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED IS LIMITED TO THE AMOUNTS LESSER OF (1) DIRECT DAMAGES PROVEN BY THE OTHER PARTY OR (2) THE AMOUNT OF FEES OR CHARGES PAID TO SCHOOL UNDER THIS AGREEMENTVERIZON FOR SERVICES GIVING RISE TO THE CLAIM DURING THE 12-MONTH PERIOD BEFORE THE DATE ON WHICH ANY CLAIM AROSE. THE LIMITATION LIMITATIONS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE DOES THIS SECTION 12 SHALL NOT APPLY TO (I) PLAYONCUSTOMER’S OR ITS PERSONNELPAYMENT OBLIGATIONS, INFRINGEMENT OF VERIZON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.RIGHTS, AND CUSTOMER’S INDEMNIFICATION OBLIGATIONS,

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. Licensee acknowledges that the SnapMirror Cloud APIs and API Keys may have defects or deficiencies that cannot or will not be corrected by NetApp. THE SERVICES SNAPMIRROR CLOUD APIS AND SOFTWARE API KEYS ARE PROVIDED BY PLAYON ARE PROVIDED “NETAPP "AS IS.” PLAYON MAKES NO " AND WITHOUT WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. NETAPP WILL HAVE NO LIABILITY IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIALCONNECTION WITH, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO RELATING TO, THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS USE OF THE PARTIES HEREUNDER WHETHER SNAPMIRROR CLOUD APIS, API KEYS OR LICENSEE APPLICATIONS, FOR DAMAGES OF ANY KIND SUFFERED OR ALLEGED TO BE SUFFERED BY ANYONE, INCLUDING BUT NOT A PARTY HAS BEEN LIMITED TO DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OR FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF REVENUE OR PROFITS, OR LOSS OR CORRUPTION OF DATA, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE DOWNLOAD, INSTALLATION, USE, OPERATION, OR MAINTENANCE OF THE SNAPCLOUD MIRROR APIS AND API KEYS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OR LOSS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL IMPLIED WARRANTIES; THESE LIMITATIONS MAY NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSAPPLY.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES GAME AND SOFTWARE PROVIDED BY PLAYON SERVICE ARE PROVIDED ON AN “AS IS.” PLAYON MAKES NO WARRANTIESAND “AS AVAILABLE“ BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CAPCOM DOES NOT MAKE AND HEREBY DISCLAIMS ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY, (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF MERCHANTABILITYTITLE OR NON-INFRINGEMENT, NONINFRINGEMENT(D) NO LOSS OF DATA OR DAMAGE TO YOUR SYSTEM, INTERRUPTIONS DUE TO A LOST CONNECTION TO INTERNET, SOFTWARE OR HARDWARE FAILURES, OR (E) NO DISRUPTION OF YOUR ABILITY TO PLAY THE GAME. CAPCOM DOES NOT WARRANT THAT THE GAME OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE GAME AND SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICE SHALL COMPLY WITH ANY SERVICE LEVEL AGREEMENT. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM THE GAME OR SERVICE, AND FITNESS CAPCOM’S MAXIMUM LIABILITY UNDER THIS XXXX, SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT PAID FOR A PARTICULAR PURPOSETHE GAME. IN NO EVENT WILL EITHER PARTY SHALL CAPCOM BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESINDIRECT, INCLUDING CONSEQUENTIALINCIDENTAL, PUNITIVE, SPECIAL, OR INCIDENTAL CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS CONNECTION WITH YOUR USE OF THE PARTIES HEREUNDER WHETHER GAME OR SERVICE, INCLUDING, BUT NOT A PARTY LIMITED TO, LOST PROFITS, REVENUE OR DATA, HOWEVER CAUSED AND UNDER ANY LEGAL THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICTLY LIABILITY), AND EVEN IF CAPCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH IN THIS XXXX. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER EXCLUSION OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION OF IMPLIED WARRANTIES OR LIABILITY, IN SUCH STATES OR JURISDICTIONS, CAPCOM’S LIABILITY SHALL BE LIMITED TO THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSEXTENT PERMITTED BY LAW.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS SUPPORT AGREEMENT, THE SERVICES ARE PERFORMED AND SOFTWARE PROVIDED BY PLAYON ARE ALL DELIVERABLES PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT ANY ADDITIONAL WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSITW EXPRESSLY EXCLUDES ALL OTHER EXPRESS AND IMPLIED TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICES PROVIDED HEREUNDER ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES TERMS OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR (i) ANY INDIRECT DAMAGESLOSS; (ii) ANY INCIDENTAL, INCLUDING CONSEQUENTIAL, SPECIALINDIRECT, SPECIAL OR INCIDENTAL PUNITIVE DAMAGES WHATSOEVER OR LOSSES; (iii) ANY DIRECT OR INDIRECT LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF USE OR LOSS OF DATA ARISING FROM OR IN ANY WAY RELATED TO OUT OF THIS AGREEMENT OR WITH RESPECT TO THE RIGHTS SERVICES OR OBLIGATIONS ANY DELIVERABLES, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHER FORM OF ACTION EVEN IF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED APPRISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEDAMAGES. IN ADDITION, AND THIS SECTION SHALL APPLY NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYONFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ITW’S MAXIMUM TOTAL LIABILITY (TO END USER FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL DAMAGES UNDER OR IN CONNECTION WITH THIS SUPPORT AGREEMENT SHALL NOT EXCEED 100% OF THE AMOUNTS AMOUNT OF FEES PAID BY END USER FOR THE SERVICES GIVING RISE TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN LIABILITY DURING THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS12- MONTH PERIOD.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. YOU USE THE SERVICES AND SOFTWARE PROVIDED BY PLAYON SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “ON AN "AS IS.” PLAYON MAKES NO WARRANTIES" AND "AS AVAILABLE" BASIS. WE DO NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY, EXPRESSNOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR SERVICES OR VERIFY THE IDENTITY OF OUR USERS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IMPLIED WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-­‐INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE, OR ANY PART THEREOF, WILL BE AVAILABLE OR OPERATE IN NO EVENT AN UNINTERRUPTED OR ERROR-­‐FREE MANNER OR THAT ERRORS OR DEFECTS WILL EITHER PARTY BE LIABLE CORRECTED, AND WE DISCLAIM ALL LIABILITY RELATED THERETO. NOTWITHSTANDING ANYTHING TO THE OTHER CONTRARY IN THIS AGREEMENT, NONE OF MAVEN OR ANY THIRD PARTY OF OUR AFFILIATES OR EMPLOYEES SHALL BE CUMULATIVELY LIABLE FOR (A) ANY INDIRECT DAMAGES IN EXCESS OF THE FEES YOU PAID TO MAVEN DURING THE MOST RECENT 30 DAY PERIOD, OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING CONSEQUENTIALBUT NOT LIMITED TO LOSS OF PROFITS, SPECIALLOST TIME OR GOOD WILL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND DAMAGES, WHETHER BASED ON A BREACH OF IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT STRICT LIABILITY OR OTHERWISE. IN ADDITIONSOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, AND NOTWITHSTANDING ANY OTHER PROVISION IN SO THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES ABOVE EXCLUSIONS MAY NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSYOU.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. The Products may be subject to transcription and transmission errors, accordingly, the Products are provided on an "as is," "as available" basis. Any use or reliance upon the Product by Customer shall be at its own risk. EXCEPT AS SET FORTH IN THIS SECTION, NEITHER USADATA NOR THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON DATA OWNER MAKES NO ANY WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED HEREUNDER WITH RESPECT TO THE SERVICES, DATA, OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED MEDIA ON WHICH THE DATA IS PROVIDED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITYACCURACY, NONINFRINGEMENTCOMPLETENESS, AND CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. XXXXXX’S AND THE DATA OWNER’S AGGREGATE LIABILITY TO CUSTOMER OR ANY THIRD PARTY, WHETHER FOR NEGLIGENCE, BREACH OF WARRANTY, OR ANY OTHER CAUSE OF ACTION, SHALL BE LIMITED TO THE PRICE PAID FOR THE PRODUCT OR SERVICES TO WHICH THE INCIDENT RELATES. IN NO EVENT WILL EITHER PARTY SHALL CUSTOMER OR DATA OWNER BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE FORESEEABLE AND HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO LOST INCOME OR LOST REVENUE, WHETHER BASED ON A BREACH OF IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSTHEORY.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS SUPPORT AGREEMENT, THE SERVICES ARE PERFORMED AND SOFTWARE ALL DELIVERABLES PROVIDED BY PLAYON ARE PROVIDED “"AS IS.” PLAYON MAKES NO WARRANTIES" WITHOUT ANY ADDITIONAL WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSINNOVATION EXPRESSLY EXCLUDES ALL OTHER EXPRESS AND IMPLIED TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICES PROVIDED HEREUNDER ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES TERMS OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR (i) ANY INDIRECT LOSS; (ii) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OR LOSSES; (iii) ANY DIRECT OR INDIRECT LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF USE OR LOSS OF DATA ARISING OUT OF THIS SUPPORT AGREEMENT OR WITH RESPECT TO THE SERVICES OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESDELIVERABLES, INCLUDING CONSEQUENTIALWHETHER IN CONTRACT, SPECIALTORT, NEGLIGENCE OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR OTHER FORM OF ACTION EVEN IF THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED APPRISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEDAMAGES. IN ADDITION, AND THIS SECTION SHALL APPLY NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. INNOVATION'S TOTAL LIABILITY (TO END USER FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL DAMAGES UNDER OR IN CONNECTION WITH THIS SUPPORT AGREEMENT SHALL NOT EXCEED 100% OF THE AMOUNTS AMOUNT OF FEES PAID BY END USER FOR THE SERVICES GIVING RISE TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN LIABILITY DURING THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS12-MONTH PERIOD.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE INSITEPRO IS PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESSAND ALL WARRANTIES EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT INSITEPRO WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF INSITEPRO WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL EITHER PARTY INTERMAP BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESCLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING CONSEQUENTIALWITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT DAMAGES. INTERMAP’S LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS LICENSE FEES PAID BY CUSTOMER TO SCHOOL UNDER THIS AGREEMENTINTERMAP WITH RESPECT TO INSITEPRO AT ISSUE. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT FOREGOING LIMITATIONS APPLY TO (I) PLAYON’S ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR ITS PERSONNEL’S GROSS NEGLIGENCE WARRANTY OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL TORT AND IS A MATERIAL INDUCEMENT FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSINTERMAP GRANTING THE RIGHTS HEREIN.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES PLATFORM — INCLUDING ALL OF ITS CONTENTS, INFORMATION, AND SOFTWARE PROVIDED THE MANNER BY PLAYON ARE WHICH IT OPERATES — IS PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESAND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR OTHERWISE STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND SPECIFICALLY DISCLAIMS CONDITIONS WITH RESPECT TO THE IMPLIED PLATFORM, CONTENT, AND ANY PRODUCTS OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR CONTENT CONTAINED ON THE PLATFORM OR THE AVAILABILITY OF ANY PRODUCT OR RESULTS THAT YOU MAY OBTAIN THROUGH THE PLATFORM. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN NO EVENT THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF WHIRLPOOL, ITS HEIRS, SURVIVORS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTERESTS, SUCCESSORS, ASSIGNS, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AS WELL AS EACH AFFILIATED ENTITY’S LICENSORS, SUPPLIERS AND SERVICE PROVIDERS. WHIRLPOOL WILL EITHER PARTY NOT BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESINDIRECT, INCLUDING INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY OR INCIDENTAL PUNITIVE DAMAGES WHATSOEVER OF ANY KIND ARISING OUT OF OR RELATED YOUR USE OF OR INABILITY TO USE THE PLATFORM, ITS CONTENT, OR FROM ANY PRODUCTS OR IN THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO ANY WAY RELATED DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR SECURITY, OR UNAUTHORIZED ACCESS TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS USE OF THE PARTIES HEREUNDER PLATFORM OR USER CONTENT, REGARDLESS OF WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER DAMAGES ARE BASED ON A BREACH OF IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT STRICT LIABILITY OR OTHERWISE. IN ADDITIONANY OTHER LEGAL THEORY, AND NOTWITHSTANDING EVEN IF WHIRLPOOL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WHIRLPOOL WILL NOT BE LIABLE FOR DAMAGES OF ANY OTHER PROVISION KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR FROM ANY PRODUCTS OR THIRD-PARTY SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS THIS SECTION AND ELSEWHERE IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. ) ARE ALSO MADE ON BEHALF OF THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSAFFILIATED ENTITIES.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “EXCEPT AS IS.” PLAYON MAKES NO WARRANTIESEXPRESSLY SET FORTH HEREIN, EXPRESS, IMPLIED OR OTHERWISE AND PROVIDER SPECIFICALLY DISCLAIMS THE ANY OTHER EXPRESS OR IMPLIED STANDARDS, GUARANTEES, OR WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE, ANY WARRANTY OF ERROR- FREE PERFORMANCE, OR ANY WARRANTY OF THIRD PARTY PRODUCTS, OR FUNCTIONALITY OF THE CUSTOMER’S HARDWARE, SOFTWARE, FIRMWARE, OR COMPUTER SYSTEMS. IN NO EVENT WILL EITHER PARTY PROVIDER SHALL NOT BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESPUNITIVE, INCLUDING CONSEQUENTIALEXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR INCIDENTAL DAMAGES WHATSOEVER CONSEQUENTIAL DAMAGES, (INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST REVENUES OR PROFITS, LOSS OF USE OR EQUIPMENT DOWN TIME, AND LOSS OF OR CORRUPTION TO DATA) ARISING FROM OUT OF OR IN ANY WAY RELATED RELATING TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS AGREEMENT, REGARDLESS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES. CUSTOMER XXXXXX AGREES THAT PROVIDER'S TOTAL LIABILITY FOR ANY AND WHETHER BASED ON A ALL LIABILITIES CLAIMS, OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, HOWSOEVER CAUSED AND REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING BREACH OF CONTRACTCONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE)TORT, PRODUCT STRICT LIABILITY, STATUORY LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENTSHALL NOT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT , EXCEED THE AMOUNTS FEES PAID TO SCHOOL UNDER THIS AGREEMENTPROVIDER DURING THE PREVIOUS 12-MONTH PERIOD. THE LIMITATION IN PARTIES ACKNOWLEDGE AND AGREE TO THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSFOREGOING LIABILITY RISK ALLOCATION.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. EXCEPT FOR THE SERVICES WARRANTIES SET FORTH IN THIS AGREEMENT, EACH PARTY HEREBY DISCLAIMS ALL OTHER WARRANTIES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESREPRESENTATIONS, EXPRESSWHETHER EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A USE AND/OR PARTICULAR PURPOSEPURPOSES. IN NO EVENT WILL EITHER EXCEPT FOR DAMAGES AVAILABLE FOR BREACH OF ARTICLE 7, AND EXCEPT FOR INDEMNIFICATION OBLIGATIONS UNDER ARTICLE 8, NEITHER PARTY SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR INCIDENTAL CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES OR PROFITS OF CUSTOMER AND/OR ITS CUSTOMERS, AGENTS AND DISTRIBUTORS, OR OF SUPPLIER, RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO CONNECTION WITH THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER AGREEMENT, WHETHER OR NOT A SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES BROADLY, AND WHETHER BASED ON TO ANY AND ALL PRODUCTS MANUFACTURED AND SUPPLIED HEREUNDER, AND SHALL NOT BE CONSTRUED TO APPLY ONLY TO DAMAGES OCCURRING AS A RESULT OF BREACH OF CONTRACTANY PRODUCT WARRANTIES, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING BUT SHALL ALSO APPLY TO ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH DAMAGES OCCURRING AS A CONSEQUENCE OF THIS AGREEMENT OR ANY BREACH HEREOF. ALL LIMITATIONS OF LIABILITY, PURSUANT TO THE TERMS HEREIN, SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNELEXCEPT FOR DAMAGES ARISING FROM SUPPLIER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING OR DAMAGES AVAILABLE FOR BREACH OF ARTICLE 7, UNDER NO CIRCUMSTANCES SHALL SUPPLIER BE LIABLE TO CUSTOMER FOR ANY CLAIM UNDER THIS AGREEMENT IN PROPERTY DAMAGE, PERSONAL INJURY AN AMOUNT EXCEEDING THE GREATER OF 50% OF THE AMOUNTS PAYABLE BY CUSTOMER TO SUPPLIER DURING THE PRIOR TWELVE MONTHS OR DEATH; OR THREE MILLION DOLLARS (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS$3,000,000.00).

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON EFI MAKES NO WARRANTIESREPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE SUPPORT SERVICES, SOFTWARE, OR ANY OF PORTION THEREOF, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMM UNICATION. TO THE MAXIM UM EXTENT PERMITTED BY APPLICABLE LAW, EFI SPECIFICALLY DISCLAIM S ANY IMPLIED WARRANTY OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES CONDITION OF SECURITY, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEM ENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NO EFI DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS AGREEMENT. TO THE MAXIM UM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE ENTIRE LIABILITY OF EFI AND ITS SUPPLIERS FOR ALL CLAIMS RELATED TO ANY SOFTWARE, PRODUCT, SERVICES, AND/OR THIS LICENSE AGREEMENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE EFI SOFTWARE. YOU AGREE THAT SUCH AMOUNT IS SUFFICIENT TO SATISFY THE ESSENTIAL PURPOSE OF THIS LICENSE AGREEMENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIMATE OF ANY LOSS AND DAM AGE LIKELY TO BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR OMISSION BY EFI AND/OR ITS SUPPLIERS. TO THE MAXIM UM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL EFI AND ITS SUPPLIERS BE LIABLE TO THE OTHER FOR COST OF PROCUREM ENT OF SUBSTITUTE SOFTWARE, PRODUCTS OR SERVICES, LOST PROFITS OR DATA, THIRD PARTY CLAIMS, OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESSPECIAL, INCLUDING INDIRECT, RELIANCE, CONSEQUENTIAL, SPECIALEXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN DAM AGES, HOWEVER CAUSED AND ON ANY WAY THEORY OF LIABILITY, RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/ OR THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS LICENSE AGREEMENT. THIS LIMITATION SHALL APPLY EVEN IF EFI AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT DAM AGES. Les obligations d’EFI au titre du présent Contrat de maintenance et d’assistance logicielles (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISEci-après « CMAL » ou le présent « Contrat ») concernant EFI’s JobFlow Software (« le Logiciel ») se limitent aux conditions exposées ci-après. 1. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.Eléments livrables et attentes en matière de maintenance et d’assistance logicielles

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE 3DBI PRODUCTS AND/OR SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND, EXPRESSAND ALL WARRANTIES EXPRESS OR IMPLIED, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. NOT LIMITING THE FOREGOING, INTERMAP DOES NOT WARRANT THAT THE 3DBI PRODUCTS AND/OR SERVICES WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT USE OF THE 3DBI PRODUCTS AND/OR SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. IN NO EVENT WILL EITHER PARTY INTERMAP BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGESCLAIM OR LOSS INCURRED BY CUSTOMER, INCLUDING CONSEQUENTIALWITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT DAMAGES. INTERMAP’S LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS LICENSE FEES PAID BY CUSTOMER TO SCHOOL UNDER THIS AGREEMENTINTERMAP WITH RESPECT TO THE 3DBI PRODUCTS AND/OR SERVICES AT ISSUE. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT FOREGOING LIMITATIONS APPLY TO (I) PLAYON’S ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR ITS PERSONNEL’S GROSS NEGLIGENCE WARRANTY OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL TORT AND IS A MATERIAL INDUCEMENT FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSINTERMAP GRANTING THE RIGHTS HEREIN.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL FCPS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL OBTAINED FROM PLAYON’S LIABILITY INSURANCE IN RESPECT OF THE UNDERLYING CLAIM MADE BY FCPS UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS.” PLAYON MAKES NO WARRANTIESAND “AS AVAILABLE“ BASIS. UBISOFT UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NONINFRINGEMENTNON- INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. UBISOFT DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FITNESS FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL UBISOFT, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS. NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A PARTICULAR PURPOSEDISPUTE WITH UBISOFT OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, UBISOFT’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT WILL EITHER PARTY UBISOFT, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO UBISOFT FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. NOTHING IN THIS SECTION 6 SHALL AFFECT UBISOFT’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM UBISOFT’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR ANY LIMITED UNDER APPLICABLE LAW. FOR PURPOSES OF THIS SECTION 6, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSXXXX AGAINST YOU.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES SPONSORSHIP PACKAGES AND SOFTWARE PROVIDED BY PLAYON EACH CONFERENCE ARE PROVIDED “"AS IS.” PLAYON " AND VERINT MAKES NO (AND HEREBY DISCLAIMS ALL) WARRANTIES, REPRESENTATIONS, AND/OR CONDITIONS, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED IMPLIED, OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. VERINT’S MAXIMUM LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT SHALL BE IN THE AGGREGATE AND LIMITED TO SPONSOR’S DIRECT ACTUAL DAMAGES NOT TO EXCEED THE SPONSORSHIP FEE ACTUALLY PAID TO VERINT FOR THE APPLICABLE CONFERENCE. IN NO EVENT WILL EITHER PARTY SHALL VERINT, ANY PARENT, SUBSIDIARY, AFFILIATE, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR REPRESENTATIVES, BE LIABLE (I) TO THE OTHER OR ANY THIRD PARTY FOR DAMAGES OF ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, KIND OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM NATURE OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACTMANNER WHATSOEVER, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL SPONSOR FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES OR COSTS (INCLUDING ATTORNEYS’ FEES OR LOST PROFITS, TIME, SAVINGS, PROPERTY, DATA OR GOODWILL) REGARDING THIS AGREEMENT OR ANY CONFERENCE.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND APPLY TO THE SERVICES AND SOFTWARE PROVIDED BY PLAYON PRODUCTS THAT ARE THE SUBJECT OF THIS AGREEMENT. ALL PRODUCTS ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY “WITH ALL FAULTS”. SELLER HEREBY EXPRESSLY DISCLAIMS THE IMPLIED AND EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (A) OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND (B) AS TO THE DESCRIPTION, QUALITY, PURITY, GENETIC STABILITY, PRODUCTIVENESS, FREEDOM FROM ANY DISEASE, INSECTS, PATHOGEN OR VIRUS, OTHER LATENT DEFECT OR ANY OTHER MATTER RELATING TO THE PRODUCTS. IN NO EVENT PRIOR EXHIBITION OR PROVISION OF PRODUCT SAMPLES, MODELS OR PICTURES OF PRODUCTS SHALL NOT CREATE AN EXPRESS OR IMPLIED WARRANTY THAT THE PRODUCTS BEING PROVIDED WILL EITHER PARTY CONFORM TO SUCH SAMPLES, MODELS OR PICTURES. SELLER SHALL NOT BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING CONSEQUENTIALBUT NOT LIMITED TO, SPECIALECONOMIC LOSS, LOST PROFITS, GROWING COSTS, INSPECTION, TRANSPORTATION AND OTHER SERVICES AND EXPENSES RELATING TO THE PRODUCTS PROVIDED, HOWEVER CAUSED, INCLUDING EVENTS OF MISDESCRIPTION, INADEQUACY OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS FAILURE OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT PRODUCTS. ANY LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) THAT MAY BE DETERMINED SHALL BE LIMITED TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL AN AMOUNT THAT DOES NOT EXCEED THE AMOUNTS PRICE PAID BY THE BUYER FOR THE GOODS AND SERVICES ALLEGED TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSBE DEFECTIVE.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES SDK IS LICENSED WITH ALL FAULTS AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED ON AN “AS IS.AS-­‐IS” PLAYON BASIS. DATAMI MAKES NO WARRANTIESNO, EXPRESSAND HEREBY DISCLAIMS ALL, IMPLIED REPRESENTATIONS OR OTHERWISE AND SPECIFICALLY DISCLAIMS WARRANTIES WHATSOEVER WITH RESPECT TO THE SDK, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-­‐ INFRINGEMENT. DEVELOPER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SDK AND ANY DEVELOPMENT ARE AT DEVELOPER’S SOLE RISK, AND DEVELOPER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OF ANY DATA, SOFTWARE, HARDWARE OR NETWORK. IN NO EVENT WILL EITHER PARTY SHALL DATAMI BE LIABLE TO THE OTHER DEVELOPER OR TO ANY THIRD PARTY FOR ANY INDIRECT DAMAGESDIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES OR COSTS (INCLUDING ATTORNEYS’ OR EXPERTS’ FEES) OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL WHATSOEVER UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING CONSEQUENTIALWITHOUT LIMITATION, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS USE OF THE PARTIES HEREUNDER WHETHER SDK, DEVELOPMENTS OR NOT A PARTY USE THEREOF OR OTHERWISE, UNDER ANY LEGAL THEORY, EVEN IF DATAMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY DAMAGES OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSCOSTS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 11.1 EXCEPT FOR THE SERVICES WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES TO THE OTHER PARTY, AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO EACH PARTY HEREBY DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, EXPRESSINCLUDING, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WHEN ACTING AS A SALES AGENT, BHGE IS NOT AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION CONCERNING THE C3 OFFERINGS OTHER THAN AS PROVIDED, IF AT ALL, TO CUSTOMERS BY X0.xx OR AS SET FORTH IN THE TRIAL MSSA OR MSSA OR OTHERWISE AGREED BY X0.xx. WHEN ACTING AS A RESELLER, BHGE MAY MAKE SUCH ADDITIONAL WARRANTIES AND REPRESENTATIONS; PROVIDED THAT ANY INCREMENTAL LIABILITY RESULTING FROM SUCH ADDITIONAL WARRANTIES AND REPRESENTATIONS SHALL BE BORNE BY BHGE. Except for the warranties expressly set forth in this Agreement, the C3 Offerings are not designed, intended, or warranted for use or inclusion in life support or nuclear reactions applications, nor applications where failure or inaccuracy might cause death or personal injury. 11.2 IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE TO THE OTHER OR PARTY FOR: (A) ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIALINDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER OR NOT A PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES; OR (B) DAMAGES FOR LOST PROFITS. WITHOUT LIMITING THE FOREGOING, IT IS EXPRESSLY UNDERSTOOD AND WHETHER BASED ON AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A BREACH LIMITATION OF CONTRACTLIABILITY, TORT (INCLUDING NEGLIGENCE)DISCLAIMER OF WARRANTY, PRODUCT OR EXCLUSION OF DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER SUCH PROVISION. FURTHER, IN THE EVENT THAT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY OR OTHERWISEAND EXCLUSIONS OF DAMAGES SHALL REMAIN IN EFFECT. IN ADDITIONNO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING UNDER, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENTWITH RESPECT TO, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF, THIS AGREEMENT SHALL NOT EXCEED [***]. NONE OF THE LIMITATIONS SET FORTH IN THIS SECTION 11.2 APPLIES TO AMOUNTS PAID PAYABLE BY EITHER PARTY PURSUANT TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY SECTION 5, OR TO (I) PLAYONLIABILITIES ARISING OUT OF A PARTY’S INDEMNIFICATION OBLIGATIONS OR ITS PERSONNELVIOLATIONS OF A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSRIGHTS.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. Licensee acknowledges that the SnapDiff REST APIs v3 may have defects or deficiencies that cannot or will not be corrected by NetApp. THE SERVICES AND SOFTWARE SNAPDIFF REST APIs v3 ARE PROVIDED BY PLAYON ARE PROVIDED “NETAPP "AS IS.” PLAYON MAKES NO " AND WITHOUT WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, EXPRESSINCLUDING BUT NOT LIMITED TO, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENTNON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. NETAPP WILL HAVE NO LIABILITY IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIALCONNECTION WITH, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO RELATING TO, THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS USE OF THE PARTIES HEREUNDER WHETHER SNAPDIFF REST APIs v3 OR LICENSEE APPLICATIONS, FOR DAMAGES OF ANY KIND SUFFERED OR ALLEGED TO BE SUFFERED BY ANYONE, INCLUDING, BUT NOT A PARTY HAS BEEN LIMITED TO, DIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, OR FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF REVENUE OR PROFITS, OR LOSS OR CORRUPTION OF DATA, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. SUCH THEORIES OF LIABILITY INCLUDE CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE DOWNLOAD, INSTALLATION, USE, OPERATION, OR MAINTENANCE OF THE SNAPDIFF REST APIs v3, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OR LOSS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL IMPLIED WARRANTIES; THESE LIMITATIONS MAY NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSAPPLY.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE SERVICES AND SOFTWARE SERVICE IS PROVIDED BY PLAYON ARE PROVIDED “"AS IS.” PLAYON MAKES NO WARRANTIES, " AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS STATUTORY OR ARISING FROM CUSTOM OR TRADE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. IN PITNEY BOWES ACCEPTS NO EVENT RESPONSIBILITY FOR ERRORS OR TECHNICAL DIFFICULTIES WITH THE FUNCTIONALITY OF THE SERVICE, AND DOES NOT GUARANTEE THAT YOUR SERVICE WILL EITHER PARTY BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE SERVICE, LIKE ALL SOFTWARE RELATED PRODUCTS, MAY BE SUBJECT TO KNOWN OR UNKNOWN ANOMALIES, WHICH MAY AFFECT ITS ABILITY TO PERFORM POSTAGE PRINTING ON ADDRESSESPUT INTO THE SERVICE. FOR EXAMPLE, DEPENDING ON THE ACCURACY OF YOUR LIST AND THE CITIESTO WHICH YOU MAIL, INCORRECT CODING MAY OCCUR. YOU UNDERSTAND AND AGREE THAT PITNEY BOWES IS NOT RESPONSIBLE OR LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT SUCH ANOMALIES. PITNEY XXXXX IS NOT LIABLE FOR ANY DAMAGES, INCLUDING CONSEQUENTIALLOST PROFITS, LOST SAVINGS, LOST POSTAGE, OR EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL PUNITIVE DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR STRICT LIABILITY), LOSS OF BUSINESS, DECREASE IN THE VALUE OF ANY SECURITIES OR CASH POSITION, TIME, MONEY, GOODWILL, ARISING FROM OUT OF OR IN ANY WAY RELATED CONNECTION WITH THE USE OR INABILITY TO THIS AGREEMENT OR USE THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY SERVICE EVEN IF PITNEY XXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. YOUR SOLE REMEDY IS TO TERMINATE USE OF THE SERVICE. PITNEY BOWES RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND WHETHER BASED ON A BREACH CONTROL OF CONTRACTANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, TORT (INCLUDING NEGLIGENCE)AND IN SUCH CASE, PRODUCT LIABILITY OR OTHERWISEYOU AGREE TO COOPERATE WITH PITNEY BOWES IN DEFENSE OF SUCH CLAIM. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM NO EVENT SHALL PITNEY XXXXX' LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL EXCEED $50.00. SOME STATES DO NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. ALLOW THE LIMITATION IN OR EXCLUSION OF LIABILITY FOR INCIDENTALS OR CONSEQUENTIAL DAMAGES, SO THE IMMEDIATELY PRECEDING SENTENCE DOES ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Notwithstanding the above, any limitation of liability is subject to the provisions of Tenn. Code Xxx. §12- 3-701. The State of Tennessee shall have no liability except as specifically provided in this Agreement. In no event will the State be liable to Pitney Xxxxx or any other party for any lost revenues, lost profits, loss of business, decrease in the value of any securities or cash position, time, money, goodwill, or any indirect, special, incidental, punitive, exemplary or consequential damages of any nature, whether based on warranty, contract, statute, regulation, tort (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGEincluding but not limited to negligence), PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION or any other legal theory that may arise under this Agreement or otherwise. YOUR MAXIMUM LIABILITY FOR A BREACH OF THIS AGREEMENT WILL BE LIMITED TO INDEMNIFY SCHOOL THE THEN CURRENT COMMERCIAL LIST PRICE FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSSUCH BREACH AS IF THE BREACH HAD NOT OCCURRED.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 6.1 TO THE SERVICES MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE IS PROVIDED BY PLAYON ARE PROVIDED “"AS IS.” PLAYON MAKES NO WARRANTIES", EXPRESS, IMPLIED OR OTHERWISE AND EMA AND ITS SUPPLIERS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIMS THE DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITYEVERY KIND RELATING TO THE SOFTWARE AND/OR USE OF THE SOFTWARE (INCLUDING, NONINFRINGEMENTWITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. , AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE SOFTWARE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. 6.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL EMA OR ITS LICENSORS BE LIABLE TO THE OTHER OR UNDER ANY THIRD PARTY THEORY OF LIABILITY FOR ANY INDIRECT DAMAGESCONSEQUENTIAL, INCLUDING CONSEQUENTIALINDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR INCIDENTAL EXEMPLARY DAMAGES WHATSOEVER OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA, OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE'S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF SOFTWARE, OR ANY WAY RELATED TO THIS AGREEMENT SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR THE RIGHTS WARRANTY OR OBLIGATIONS FROM NEGLIGENCE OR STRICT LIABILITY, EVEN IF EMA OR ANY OF THE PARTIES HEREUNDER WHETHER ITS LICENSORS OR NOT A PARTY ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITIONDAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY OTHER PROVISION IN REMEDY TO ACHIEVE ITS INTENDED PURPOSE. THE AGREEMENT, PLAYON’S MAXIMUM AGGREGATE LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL OF EMA AND ITS LICENSORS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL WILL NOT EXCEED THE AMOUNTS AMOUNT PAID TO SCHOOL UNDER THIS AGREEMENT. BY THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL LICENSEE FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMSSOFTWARE.