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

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. L90 makes no warranties of any kind, whether express or implied, as to the subject matter of this Agreement, including any warranty of merchantability or fitness for a particular purpose. L90 shall not be liable for the actions or omissions of any Advertiser in connection with such advertiser's utilizing any advertising space on the Websites, nor for the content of any such Advertiser's Banner or other advertising materials. L90 shall not be liable for any unavailability or inoperability of the Internet, technical malfunction, computer error, corruption or loss of information. IN NO EVENT SHALL L90 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT L90 HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, IN NO EVENT WILL L90'S LIABILITY HEREUNDER EXCEED THE TOTAL REVENUES RECORDED ON THE BOOKS OF L90 (LESS ANY REVENUES RECORDED FOR ADVERTISING NOT YET SOLD), NET OF PAYMENTS TO THE COMPANY. Should L90 be obstructed, accelerated, incur loss of efficiency in productivity or be delayed in the commencement, prosecution, or completion of the services, without fault on its part, by the act, failure to act, direction, order, neglect, delay, or default of Company, Company's agents or employees or any other entity or person employed at Company's premises, or by changes in the services, or by reason of fire, lightning, earthquake, enemy action, act of God, or similar catastrophe, or by government restrictions in respect of materials or labor, or by a strike or lockout beyond L90's reasonable control, then L90 shall be entitled to an extension of time for a period equivalent to the actual time lost by reason of any or all of the causes aforesaid. Company expressly agrees not to make, and hereby waives, any claim for damages, including those resulting from increased supervision, labor or material costs, on account of any delay, obstruction, or hindrance for any cause whatsoever, including, but not limited to, the aforesaid causes, and Company expressly agrees that its sole right and remedy therefor shall be an extension of time.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. L90 makes no warranties 8.1 Once Customer has complied with the agreed terms of any kindpayment, whether express or impliedIDENTEC warrants, as subject to the subject matter conditions hereunder, that at the time of this Agreementdelivery of the Products to Customer or usage of the Products, whatever occurs first, they will conform to IDENTEC’s applicable specifications. Each Product shall be deemed accepted after a period of fourteen (14) days following receipt of the respective Product (defined as “Acceptance”). As Customer’s exclusive remedy, IDENTEC will use its best efforts to either repair, replace, or refund the purchase price for any Product found by IDENTEC to have been materially nonconforming at the time of receipt if Customer, promptly (however not later than ten (10) days after Customer’s discovery of the non-conformity) sets forth in writing to IDENTEC information describing in reasonable detail the alleged defect in the Product, including the Product description, invoice number, shipment date, and such allegedly non-conforming Product is returned and received by IDENTEC, in accordance with IDENTEC’s Hardware Return and Repair Policy as specified in clause 8.12, and within the warranty period pursuant to clause 8.2. Samples, descriptions, representations, and other information concerning Products contained in IDENTEC catalogues, advertisements, or other promotional materials or statements or representations made by IDENTEC’s employees or sales representatives are for general informational purposes only and are not binding upon IDENTEC. No employee or sales representative of IDENTEC shall have any authority whatsoever to establish, expand or otherwise modify IDENTEC's warranty. This limited warranty does not cover normal maintenance or items consumed during normal operation, nor normal wear and tear, misuse, abuse, unauthorized repair or alteration, lack of merchantability proper maintenance or fitness for a particular purposedamage caused by natural causes such as fire, storm, or flood. L90 IDENTEC shall not be liable for the actions transportation, labor or omissions other charges for adjustments, repairs, replacements of any Advertiser parts, installation, or other work, which may be done upon or in connection with such advertiser's utilizing the Products sold. This warranty shall not be deemed to have failed of its essential purpose so long as IDENTEC is willing and able to repair, replace or refund the purchase price on any advertising space defective Products in the manner specified. No allowance will be made for repairs made by Customer. 8.2 Unless special warranty periods operate for individual items, the warranty period shall be twelve (12) months. The warranty period for software shall be ninety (90) days. These conditions shall also apply to any goods supplied, in respect of Products supplied, that are firmly attached to buildings or the ground. The warranty period begins at the point of passage of risk pursuant to clause 6 of these Terms. Notwithstanding the preceding sentence, the warranty period alternatively begins upon the acceptance of the Solution sold from IDENTEC to the Buyer. Solution means a range of services, including, in particular, the supply of hardware, software and corresponding installation services from IDENTEC. The acceptance of the Solution is subject to the System Acceptance Test (“SAT”), which shall be jointly conducted by the parties on the Websitesbasis of a template provided by IDENTEC. In the event of the SAT requiring the Buyer to cooperate and the Buyer fails to duly cooperate with IDENTEC by reason solely attributable to the Buyer, the Solution, however, shall be deemed accepted upon prior notification by IDENTEC and seven working days after receipt of a reminder to cooperate with IDENTEC as aforementioned. 8.3 The warranty, as set forth in clause 8.1, is subject to the following conditions: a) the warranty is only valid within the country where the Products are purchased; b) the Products must be correctly installed and operated in accordance to the documentation and instructions given in the user manuals and during the operational and administrative training sessions for the Products, if applicable; c) the warranty only covers the main unit of the Product, and does not cover any accessories (e.g. batteries); d) the warranty does not cover the damage caused by normal wear and tear, misuse, negligence, accident and natural disaster; e) the warranty will be rendered invalid if the Products are resold or have been damaged by modifications/repairs by any parties other than IDENTEC. IDENTEC disclaims any liability for incidental or consequential damages; f) Customer must consult IDENTEC’s Support Desk before returning any Product or component hereof, or requesting replacement and/ or repair. IDENTEC is not responsible for any unexpected returns of the Products or components hereof; and g) Customer and IDENTEC must have signed a valid Support and Maintenance Agreement (“SMA”). 8.4 For improved or exchanged parts, the warranty period shall be three (3) months commencing at the point of passage of risk pursuant to clause 6. 8.5 If the delivery and/or the performance of Services is delayed for reasons outside of IDENTEC’s control, the warranty period shall begin two (2) weeks after IDENTEC is ready to deliver and/or perform Services. 8.6 The foregoing warranty obligations are conditional upon Customer giving notice to IDENTEC in writing pursuant to clause 8.1, of any defect that has occurred. In cases of doubt, Customer shall prove, within a reasonable period, the presence of a defect, in particular, Customer shall make available to IDENTEC, within a reasonable period, all material and data in Customer’s possession. 8.7 Any expenses incurred in connection with rectifying defects (e.g. expenses for assembly and disassembly, transport, waste disposal, travel and site-to-quarters time) shall be borne by Customer. For warranty work on Customer’s premises, Customer shall make available any assistance, hoisting gear, scaffolding and sundry supplies and incidentals that may be required, free of charge. Replaced parts of any Product shall become the property of IDENTEC. 8.8 If any Product or component thereof is manufactured by IDENTEC on the basis of design data, design drawings, models or other specifications supplied by Customer, IDENTEC’s warranty shall be restricted to non-compliance with Customers specifications. 8.9 IDENTEC’s warranty obligation shall not extend to any defects due to assembly and installation work not undertaken by IDENTEC, inadequate equipment, or due to non- compliance with installation requirements and operating conditions, overloading of parts in excess of the design values stipulated by IDENTEC, negligent or faulty handling or the use of inappropriate materials, improper use, nor for defects attributable to material supplied by Customer. Nor shall IDENTEC be liable for damage due to acts of third parties, atmospheric discharges, excess voltage and chemical influences. IDENTEC’s warranty does not cover the content replacement of parts subject to natural wear and tear. IDENTEC accepts no warranty for the sale of used Product. 8.10 The warranty shall lapse immediately if, without written consent from IDENTEC, Customer or a third party not expressly authorized, undertakes modifications and/or repairs on any Product or components thereof delivered. 8.11 In case of any warranty claim, Customer may withhold payments only to a reasonable extent in relation to the defect. Notwithstanding the foregoing, the right to withhold payments shall be excluded if such Advertiser's Banner warranty claim is disputed or other advertising materialsis subject to the statute of limitations. L90 If the warranty claim is incorrect, IDENTEC shall be entitled to demand reimbursement of all expenses incurred therewith from Customer. 8.12 In respect of any warranty claim under these Terms, Customer must adhere to IDENTEC’s “Hardware Return and Repair Policy”, which shall be incorporated into these Terms by reference (for details please visit IDENTEC’s website under xxxxx://xxx.xxxxxxxxxxxxxxxx.xxx. IDENTEC reserves the right to change the „Hardware Return and Repair Policy” from time to time. 8.13 EXCEPT AS HEREIN PROVIDED, IDENTEC SHALL NOT BE LIABLE TO CUSTOMER IN ANY MANNER WITH RESPECT TO THE PRODUCTS OR SERVICES. THE ABOVE ARE LIMITED WARRANTIES AND THEY ARE THE ONLY WARRANTIES MADE BY IDENTEC WITH RESPECT TO THE PRODUCTS AND SERVICES, EXCEPT THAT IDENTEC AGREES TO PASS THROUGH ANY WARRANTIES EXTENDED FOR THIRD PARTY PRODUCTS INCORPORATED INTO THE PRODUCTS, IF ANY. IDENTEC MAKES AND CUSTOMER RECEIVES NO OTHER WARRANTY WITH RESPECT TO THE PRODUCTS AND SERVICES, EXPRESS OR IMPLIED AND IDENTEC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS MADE REGARDING THE RESULTS OBTAINED BY THE USE OF THE PRODUCTS AND SERVICES, THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED, OR THAT THE PRODUCTS' FUNCTIONALITY WILL MEET CUSTOMER’S REQUIREMENTS. IN NO EVENT WILL IDENTEC BE LIABLE WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF IDENTEC FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS AND SERVICES. IN NO EVENT WILL IDENTEC HAVE ANY LIABILITY WHATSOEVER UNDER THESE TERMS TO END USERS OR ANY OTHER THIRD PARTIES OR FOR ANY LOSSES CAUSED BY THIRD PARTIES. THE LIMITATION OF LIABILITIES IN THIS CLAUSE SHALL NOT OPERATE TO EXCLUDE OR TO LIMIT IDENTEC'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE, GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT OF ITS EMPLOYEES OR AGENTS OR FOR FRAUD. NO ACTION OR PROCEEDINGS UNDER THESE TERMS, REGARDLESS OF FORM, MAY BE COMMENCED BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CUSTOMER ASSUMES ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS MADE OR ADVICE GIVEN AS A RESULT OF THE USE OF THE PRODUCTS, AND FOR THE SELECTION OF THE PRODUCTS TO ACHIEVE CUSTOMER’S INTENDED RESULTS. CUSTOMER AGREES THAT IDENTEC’S LIABILITY IN CONNECTION WITH THE PRODUCTS, WHETHER ARISING IN CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OR ANY OTHER LEGAL THEORY SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO IDENTEC FOR THE NON-CONFORMING PRODUCT. IDENTEC IS NOT AN INSURER WITH REGARD TO THE PERFORMANCE OF THE PRODUCTS. THE LIMITATIONS OF WARRANTIES, LIABILITIES AND REMEDIES ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER TO OBTAIN THE PRODUCTS AT THE SPECIFIED PRICE. CUSTOMER AGREES TO ASSUME THE RISK FOR: (I) ALL LIABILITIES DISCLAIMED BY IDENTEC CONTAINED HEREIN AND (II) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT OF THE REMEDY PROVIDED HEREUNDER. THE ESSENTIAL PURPOSE OF THE LIMITED REMEDY PROVIDED TO CUSTOMER HEREUNDER IS TO ALLOCATE THE RISKS AS PROVIDED ABOVE. 8.14 If contractual penalties are agreed upon, IDENTEC shall not be liable for any unavailability or inoperability of claim over and above the Internet, technical malfunction, computer error, corruption or loss of information. IN NO EVENT SHALL L90 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT L90 HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, IN NO EVENT WILL L90'S LIABILITY HEREUNDER EXCEED THE TOTAL REVENUES RECORDED ON THE BOOKS OF L90 (LESS ANY REVENUES RECORDED FOR ADVERTISING NOT YET SOLD), NET OF PAYMENTS TO THE COMPANY. Should L90 be obstructed, accelerated, incur loss of efficiency in productivity or be delayed in same arising from the commencement, prosecution, or completion of the services, without fault on its part, by the act, failure to act, direction, order, neglect, delay, or default of Company, Company's agents or employees or any other entity or person employed at Company's premises, or by changes in the services, or by reason of fire, lightning, earthquake, enemy action, act of God, or similar catastrophe, or by government restrictions in respect of materials or labor, or by a strike or lockout beyond L90's reasonable control, then L90 shall be entitled to an extension of time for a period equivalent to the actual time lost by reason of any or all of the causes aforesaid. Company expressly agrees not to make, and hereby waives, any claim for damages, including those resulting from increased supervision, labor or material costs, on account of any delay, obstruction, or hindrance for any cause whatsoever, including, but not limited to, the aforesaid causes, and Company expressly agrees that its sole right and remedy therefor shall be an extension of timecorresponding titles.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. L90 makes no warranties 8.1 Once Customer has complied with the agreed terms of any kindpayment, whether express or impliedIDENTEC warrants, as subject to the subject matter conditions hereunder, that at the time of this Agreementdelivery of the Products to Customer or usage of the Products, whatever occurs first, they will conform to IDENTEC’s applicable specifications. Each Product shall be deemed accepted after a period of fourteen (14) days following receipt of the respective Product (defined as “Acceptance”). As Customer’s exclusive remedy, IDENTEC will use its best efforts to either repair, replace, or refund the purchase price for any Product found by IDENTEC to have been materially nonconforming at the time of receipt if Customer, promptly (however not later than ten (10) days after Customer’s discovery of the non-conformity) sets forth in writing to IDENTEC information describing in reasonable detail the alleged defect in the Product, including the Product description, invoice number, shipment date, and such allegedly non-conforming Product is returned and received by IDENTEC, in accordance with IDENTEC’s Hardware Return and Repair Policy as specified in clause 8.12, and within the warranty period pursuant to clause 8.2. Samples, descriptions, representations, and other information concerning Products contained in IDENTEC catalogues, advertisements, or other promotional materials or statements or representations made by IDENTEC’s employees or sales representatives are for general informational purposes only and are not binding upon IDENTEC. No employee or sales representative of IDENTEC shall have any authority whatsoever to establish, expand or otherwise modify IDENTEC's warranty. This limited warranty does not cover normal maintenance or items consumed during normal operation, nor normal wear and tear, misuse, abuse, unauthorized repair or alteration, lack of merchantability proper maintenance or fitness for a particular purposedamage caused by natural causes such as fire, storm, or flood. L90 IDENTEC shall not be liable for the actions transportation, labor or omissions other charges for adjustments, repairs, replacements of any Advertiser parts, installation, or other work, which may be done upon or in connection with such advertiser's utilizing the Products sold. This warranty shall not be deemed to have failed of its essential purpose so long as IDENTEC is willing and able to repair, replace or refund the purchase price on any advertising space defective Products in the manner specified. No allowance will be made for repairs made by Customer. 8.2 Unless special warranty periods operate for individual items, the warranty period shall be twelve (12) months. The warranty period for software shall be ninety (90) days. These conditions shall also apply to any goods supplied, or services rendered in respect of Products supplied, that are firmly attached to buildings or the ground. The warranty period begins at the point of passage of risk pursuant to clause 6 of these Terms. 8.3 The warranty, as set forth in clause 8.1, is subject to the following conditions: a) the warranty is only valid within the country where the Products are purchased; b) the Products must be correctly installed and operated in accordance to the documentation and instructions given in the user manuals and during the operational and administrative training sessions for the Products, if applicable; c) the warranty only covers the main unit of the Product, and does not cover any accessories (e.g. batteries); d) the warranty does not cover the damage caused by normal wear and tear, misuse, negligence, accident and natural disaster; e) the warranty will be rendered invalid if the Products are resold or have been damaged by modifications/repairs by any parties other than IDENTEC. IDENTEC disclaims any liability for incidental or consequential damages; f) Customer must consult IDENTEC’s Support Desk before returning any Product or component hereof, or requesting replacement and/ or repair. IDENTEC is not responsible for any unexpected returns of the Products or components hereof; and g) Customer and IDENTEC must have signed a valid Support and Maintenance Agreement (“SMA”). 8.4 For improved or exchanged parts, the warranty period shall be three (3) months commencing at the point of passage of risk pursuant to clause 6. 8.5 If the delivery and/or the performance of Services is delayed for reasons outside of IDENTEC’s control, the warranty period shall begin two (2) weeks after IDENTEC is ready to deliver and/or perform Services. 8.6 The foregoing warranty obligations are conditional upon Customer giving notice to IDENTEC in writing pursuant to clause 8.1, of any defect that has occurred. In cases of doubt, Customer shall prove, within a reasonable period, the presence of a defect, in particular, Customer shall make available to IDENTEC, within a reasonable period, all material and data in Customer’s possession. 8.7 Any expenses incurred in connection with rectifying defects (e.g. expenses for assembly and disassembly, transport, waste disposal, travel and site-to-quarters time) shall be borne by Customer. For warranty work on Customer’s premises, Customer shall make available any assistance, hoisting gear, scaffolding and sundry supplies and incidentals that may be required, free of charge. Replaced parts of any Product shall become the property of IDENTEC. 8.8 If any Product or component thereof is manufactured by IDENTEC on the Websitesbasis of design data, design drawings, models or other specifications supplied by Customer, IDENTEC’s warranty shall be restricted to non-compliance with Customers specifications. 8.9 IDENTEC’s warranty obligation shall not extend to any defects due to assembly and installation work not undertaken by IDENTEC, inadequate equipment, or due to non- compliance with installation requirements and operating conditions, overloading of parts in excess of the design values stipulated by IDENTEC, negligent or faulty handling or the use of inappropriate materials, improper use, nor for defects attributable to material supplied by Customer. Nor shall IDENTEC be liable for damage due to acts of third parties, atmospheric discharges, excess voltage and chemical influences. IDENTEC’s warranty does not cover the content replacement of parts subject to natural wear and tear. IDENTEC accepts no warranty for the sale of used Product. 8.10 The warranty shall lapse immediately if, without written consent from IDENTEC, Customer or a third party not expressly authorized, undertakes modifications and/or repairs on any Product or components thereof delivered. 8.11 In case of any warranty claim, Customer may withhold payments only to a reasonable extent in relation to the defect. Notwithstanding the foregoing, the right to withhold payments shall be excluded if such Advertiser's Banner warranty claim is disputed or other advertising materialsis subject to the statute of limitations. L90 If the warranty claim is incorrect, IDENTEC shall be entitled to demand reimbursement of all expenses incurred therewith from Customer. 8.12 In respect of any warranty claim under these Terms, Customer must adhere to IDENTEC’s “Hardware Return and Repair Policy”, which shall be incorporated into these Terms by reference (for details please visit IDENTEC’s website under h ttps://xxx.xxxxxxxxxxxxxxxx.xxx/xxxx/xxxxxxx/. IDENTEC reserves the right to change the „Hardware Return and Repair Policy” from time to time. 8.13 EXCEPT AS HEREIN PROVIDED, IDENTEC SHALL NOT BE LIABLE TO CUSTOMER IN ANY MANNER WITH RESPECT TO THE PRODUCTS OR SERVICES. THE ABOVE ARE LIMITED WARRANTIES AND THEY ARE THE ONLY WARRANTIES MADE BY IDENTEC WITH RESPECT TO THE PRODUCTS AND SERVICES, EXCEPT THAT IDENTEC AGREES TO PASS THROUGH ANY WARRANTIES EXTENDED FOR THIRD PARTY PRODUCTS INCORPORATED INTO THE PRODUCTS, IF ANY. IDENTEC MAKES AND CUSTOMER RECEIVES NO OTHER WARRANTY WITH RESPECT TO THE PRODUCTS AND SERVICES, EXPRESS OR IMPLIED AND IDENTEC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS MADE REGARDING THE RESULTS OBTAINED BY THE USE OF THE PRODUCTS AND SERVICES, THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED, OR THAT THE PRODUCTS' FUNCTIONALITY WILL MEET CUSTOMER’S REQUIREMENTS. IN NO EVENT WILL IDENTEC BE LIABLE WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF IDENTEC FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS AND SERVICES. IN NO EVENT WILL IDENTEC HAVE ANY LIABILITY WHATSOEVER UNDER THESE TERMS TO END USERS OR ANY OTHER THIRD PARTIES OR FOR ANY LOSSES CAUSED BY THIRD PARTIES. THE LIMITATION OF LIABILITIES IN THIS CLAUSE SHALL NOT OPERATE TO EXCLUDE OR TO LIMIT IDENTEC'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE, GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT OF ITS EMPLOYEES OR AGENTS OR FOR FRAUD. NO ACTION OR PROCEEDINGS UNDER THESE TERMS, REGARDLESS OF FORM, MAY BE COMMENCED BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CUSTOMER ASSUMES ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS MADE OR ADVICE GIVEN AS A RESULT OF THE USE OF THE PRODUCTS, AND FOR THE SELECTION OF THE PRODUCTS TO ACHIEVE CUSTOMER’S INTENDED RESULTS. CUSTOMER AGREES THAT IDENTEC’S LIABILITY IN CONNECTION WITH THE PRODUCTS, WHETHER ARISING IN CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OR ANY OTHER LEGAL THEORY SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO IDENTEC FOR THE NON-CONFORMING PRODUCT. IDENTEC IS NOT AN INSURER WITH REGARD TO THE PERFORMANCE OF THE PRODUCTS. THE LIMITATIONS OF WARRANTIES, LIABILITIES AND REMEDIES ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER TO OBTAIN THE PRODUCTS AT THE SPECIFIED PRICE. CUSTOMER AGREES TO ASSUME THE RISK FOR: (I) ALL LIABILITIES DISCLAIMED BY IDENTEC CONTAINED HEREIN AND (II) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT OF THE REMEDY PROVIDED HEREUNDER. THE ESSENTIAL PURPOSE OF THE LIMITED REMEDY PROVIDED TO CUSTOMER HEREUNDER IS TO ALLOCATE THE RISKS AS PROVIDED ABOVE. 8.14 If contractual penalties are agreed upon, IDENTEC shall not be liable for any unavailability or inoperability of claim over and above the Internet, technical malfunction, computer error, corruption or loss of information. IN NO EVENT SHALL L90 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT L90 HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, IN NO EVENT WILL L90'S LIABILITY HEREUNDER EXCEED THE TOTAL REVENUES RECORDED ON THE BOOKS OF L90 (LESS ANY REVENUES RECORDED FOR ADVERTISING NOT YET SOLD), NET OF PAYMENTS TO THE COMPANY. Should L90 be obstructed, accelerated, incur loss of efficiency in productivity or be delayed in same arising from the commencement, prosecution, or completion of the services, without fault on its part, by the act, failure to act, direction, order, neglect, delay, or default of Company, Company's agents or employees or any other entity or person employed at Company's premises, or by changes in the services, or by reason of fire, lightning, earthquake, enemy action, act of God, or similar catastrophe, or by government restrictions in respect of materials or labor, or by a strike or lockout beyond L90's reasonable control, then L90 shall be entitled to an extension of time for a period equivalent to the actual time lost by reason of any or all of the causes aforesaid. Company expressly agrees not to make, and hereby waives, any claim for damages, including those resulting from increased supervision, labor or material costs, on account of any delay, obstruction, or hindrance for any cause whatsoever, including, but not limited to, the aforesaid causes, and Company expressly agrees that its sole right and remedy therefor shall be an extension of timecorresponding titles.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. L90 makes no warranties of any kind, whether express or implied, as to the subject matter of this Agreement, including any warranty of merchantability or fitness for a particular purpose. L90 shall not be liable for the actions or omissions of any Advertiser in connection with such advertiser's utilizing any advertising space on the Websites, nor for the content of any such Advertiser's Banner or other advertising materials. L90 shall not be liable for any unavailability or inoperability of the Internet, technical malfunction, computer error, corruption or loss of information. IN NO EVENT SHALL L90 THE --------------------------------------------- COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT L90 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, . IN NO EVENT WILL L90THE COMPANY'S LIABILITY HEREUNDER EXCEED THE TOTAL REVENUES RECORDED ON THE BOOKS OF L90 (LESS ANY REVENUES RECORDED FOR ADVERTISING NOT YET SOLD), NET OF PAYMENTS PAID TO THE COMPANYNETTAXI IN ONE MONTH. Should L90 the Company be obstructed, accelerated, incur loss of efficiency in productivity or be delayed in the commencement, prosecution, or completion of the services, without fault on its part, by the act, failure to act, direction, order, neglect, delay, or default of CompanyNettaxi, CompanyNettaxi's agents or employees or any other entity or person employed at CompanyNettaxi's premises, or by changes in the services, services or by reason of fire, lightning, earthquake, enemy action, act of God, or similar catastrophe, or by government restrictions in respect of materials or labor, or by a strike or lockout beyond L90the Company's reasonable control, then L90 the Company shall be entitled to an extension of time for a period equivalent to the actual time lost by reason of any or all of the causes aforesaid. Company Nettaxi expressly agrees not to make, and hereby waives, any claim for damages, including those resulting from increased supervision, labor or material costs, on account of any delay, obstruction, or hindrance for any cause whatsoever, including, but not limited to, the aforesaid causes, and Company Nettaxi expressly agrees that its sole right and remedy therefor therefore shall be an extension of time.