Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTIES STATED ABOVE, THE SOLUTIONS AND ALL RELATED SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS AND CUSTOMER’S USE OF THEM IS AT ITS OWN RISK. AVEPOINT DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, AND CUSTOMER RELEASES AND WAIVES, ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWFROM A COURSE OF DEALING, WE ASSUME NO RESPONSIBILITY COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR THE TIMELINESS, DELETION, MISDELIVERY A PARTICULAR PURPOSE OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSNONINFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE AVEPOINT DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SERVICES IS AT YOUR SOLE SOLUTIONS WILL BE UNINTERRUPTED OR ERROR- FREE, NOR DOES AVEPOINT WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN CUSTOMER DATA WITHOUT LOSS. AVEPOINT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AVEPOINT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVEPOINT DOES NOT WARRANT THAT THE SOLUTIONS WILL MEET CUSTOMER’S REQUIREMENTS, WILL OPERATE IN ANY COMBINATION THAT MAY BE SELECTED FOR USE BY CUSTOMER OR IN COMBINATION WITH OTHER THIRD-PARTY SOFTWARE BEYOND THE THIRD- PARTY SOFTWARE EXPRESSLY APPROVED AS COMPLIANT IN THE DOCUMENTATION. EXCEPT AS TO COMPATIBILITY OF THE LICENSED SOFTWARE AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, AVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT OR SYSTEM SOFTWARE OR ITS CAPACITY. FURTHERMORE, AVEPOINT DOES NOT WARRANT THAT ANY SOFTWARE ERRORS, DEFECTS, OR INEFFICIENCIES WILL BE CORRECTED, NOR DOES AVEPOINT ASSUME ANY LIABILITY FOR FAILURE TO CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. AVEPOINT MAKES NO WARRANTY, AND CUSTOMER ASSUMES THE ENTIRE RISK, THAT AS TO THE INTEGRITY OF ANY MATERIAL AND/DATA AND THE RESULTS, CAPABILITIES, SUITABILITY, USE, NON-USE OR DATA DOWNLOADED PERFORMANCE OF THE SOLUTIONS. IN NO EVENT SHALL AVEPOINT BE LIABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR OTHERWISE OBTAINED THROUGH RELATED TO THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL SOLUTIONS. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESHORTEST PERIOD PERMITTED BY LAW.

Warranty Disclaimer. Section 9 discusses your agreement and understanding that the Site and Site Services may not always be available or work perfectly, as detailed below. YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AND ON AN “AS OTHERWISE PROVIDED IN AVAILABLE” BASIS. UPWORK MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, USER CONTENT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR AS REQUIRED THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY FOR UPWORK DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIEDACCURACY, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT NON-INFRINGEMENT. SOME JURISDICTIONS MAY BE OBTAINED FROM THE USE NOT ALLOW FOR ALL OF THE SERVICESFOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ACCURACY OR RELIABILITY OF ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 13 (AGREEMENT TERM AND TERMINATION) STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST UPWORK WITH RESPECT TO ANY INFORMATION OBTAINED THROUGH THE SERVICESDEFECTS, NON-CONFORMANCES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEDISSATISFACTION.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES PLATFORM IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED ENTIRELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATARISK. WE DO NOT MAKE ANY NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF ANY KINDTHE FOREGOING, EITHER EXPRESS WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, CONCERNING INCLUDING, BUT NOT LIMITED TO: (1) THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTY WARRANTIES, EXPRESS, STATUTORY OR REPRESENTATION REGARDING IMPLIED THAT THE RESULTS THAT MAY PLATFORM WILL BE OBTAINED FROM TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE USE EXCLUSION OF SOME OR ALL OF THE SERVICESABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEFULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED EXPRESSLY STATED IN THIS AGREEMENT (OR AS OTHERWISE REQUIRED BY LAWAPPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSEXPRESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREOR STATUTORY, THE SOFTWAREINCLUDING, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, AND WE MAKE NO WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE; AND, THE SUMO LOGIC TECHNOLOGY, REPORTS, AND ANY OTHER INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OR REPRESENTATION REGARDING CONDITION OF ANY KIND. WITHOUT LIMITING THE RESULTS THAT MAY BE OBTAINED FROM THE FOREGOING, SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES SUMO LOGIC TECHNOLOGY WILL MEET ANY USER’S REQUIREMENTSYOUR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEFREE FROM ERROR, (C) ALL ERRORS WILL BE CORRECTED, AND (D) DATA PROVIDED THROUGH THE SUMO LOGIC TECHNOLOGY WILL BE ACCURATE. SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT OWN, OPERATE OR CONTROL.

Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES AND RELATED DOCUMENTATION PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS.” EXCEPT AND “AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAVAILABLE”, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND WITH ALL FAULTS AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, AND N21 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, CONCERNING THE HARDWAREINCLUDING, BUT NOT LIMITED TO, THE SOFTWAREIMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OR ANY PART THEREOFOF SATISFACTORY QUALITY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND WE MAKE NO WARRANTY FREEDOM FROM PATENT INFRINGEMENT OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE NON-INFRINGEMENT OF THIRD PARTY RIGHTS. N21 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICESAPPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE ACCURACY APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESSERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL MEET BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY N21 OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THERE IS NO PROMISE OR REPRESENTATION THAT YOU CAN MAKE A CERTAIN AMOUNT OF MONEY, OR ANY USER’S REQUIREMENTSMONEY, BE UNINTERRUPTEDOR NOT LOSE MONEY, TIMELYAS A RESULT OF USING THE APPLICATIONS. YOU UNDERSTAND AND AGREE THAT MOBILE PLATFORM OPERATORS DO NOT HAVE AN OBLIGATION TO REFUND ANY PURCHASE PRICE FOR THE APPLICATION AND THAT, SECURE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBILE PLATFORM OPERATORS HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND/OR ERROR FREEANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.

Warranty Disclaimer. SERVICE PROVIDERS MAKE NO WARRANTIES REGARDING THE SERVICES USE, OPERATION, OR PERFORMANCE OF SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN SYSTEMS UTILIZED FOR THIS AGREEMENT OR AS REQUIRED BY LAWAGREEMENT, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOFAND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE TO THE FULLEST EXTENT ALLOWABLE BY LAW. SERVICE PROVIDERS HAVE NO LIABILITY WITH RESPECT TO ANY SOFTWARE, AND WE DATA OR OTHER MATERIALS PROVIDED TO MERCHANT PURSUANT TO THIS AGREEMENT. FURTHER, EXCEPT AS EXPRESSLY SET FORTH HEREIN, SERVICE PROVIDERS MAKE NO WARRANTY REPRESENTATIONS OR REPRESENTATION WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE RESULTS THAT MAY SERVICES IT PROVIDES HEREUNDER. SHOULD THERE BE OBTAINED ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS RESULTING FROM THE USE OF THE SERVICES, THE ACCURACY SERVICE PROVIDERS PERFORMANCE OR RELIABILITY FAILURE TO PERFORM OF ANY INFORMATION OBTAINED THROUGH KIND, SERVICE PROVIDERS’ LIABILITY SHALL BE LIMITED TO CORRECTING SUCH ERRORS IF AND TO THE SERVICES, OR EXTENT THAT THE DOING SO IS COMMERCIALLY REASONABLE. SERVICE PROVIDERS WILL PERFORM ALL SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEIN ACCORDANCE WITH THIS AGREEMENT.

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTIES STATED ABOVE, THE SOLUTIONS AND ALL RELATED SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS AND CUSTOMER’S USE OF THEM IS AT ITS OWN RISK. AVEPOINT DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, AND CUSTOMER RELEASES AND WAIVES, ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWFROM A COURSE OF DEALING, WE ASSUME NO RESPONSIBILITY COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR THE TIMELINESS, DELETION, MISDELIVERY A PARTICULAR PURPOSE OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSNONINFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE AVEPOINT DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SERVICES IS AT YOUR SOLE SOLUTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES AVEPOINT WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN CUSTOMER DATA WITHOUT LOSS. AVEPOINT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AVEPOINT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVEPOINT DOES NOT WARRANT THAT THE SOLUTIONS WILL MEET CUSTOMER’S REQUIREMENTS, WILL OPERATE IN ANY COMBINATION THAT MAY BE SELECTED FOR USE BY CUSTOMER OR IN COMBINATION WITH OTHER THIRD-PARTY SOFTWARE BEYOND THE THIRD-PARTY SOFTWARE EXPRESSLY APPROVED AS COMPLIANT IN THE DOCUMENTATION. EXCEPT AS TO COMPATIBILITY OF THE LICENSED SOFTWARE AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, AVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT OR SYSTEM SOFTWARE OR ITS CAPACITY. FURTHERMORE, AVEPOINT DOES NOT WARRANT THAT ANY SOFTWARE ERRORS, DEFECTS, OR INEFFICIENCIES WILL BE CORRECTED, NOR DOES AVEPOINT ASSUME ANY LIABILITY FOR FAILURE TO CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. AVEPOINT MAKES NO WARRANTY, AND CUSTOMER ASSUMES THE ENTIRE RISK, THAT AS TO THE INTEGRITY OF ANY MATERIAL AND/DATA AND THE RESULTS, CAPABILITIES, SUITABILITY, USE, NON-USE OR DATA DOWNLOADED PERFORMANCE OF THE SOLUTIONS. IN NO EVENT SHALL AVEPOINT BE LIABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR OTHERWISE OBTAINED THROUGH RELATED TO THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL SOLUTIONS. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESHORTEST PERIOD PERMITTED BY LAW.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT SECTION 6 OR AS REQUIRED BY LAWSCHEDULE “C”, WE ASSUME NO RESPONSIBILITY FOR BLUECAT DOES NOT REPRESENT OR WARRANT THAT THE TIMELINESSBLUECAT OFFERINGS, DELETIONAPPLIANCES, MISDELIVERY MANAGED SERVICES, HOSTED SERVICES OR FAILURE TO STORE ANY USER COMMUNICATIONS PROFESSIONAL SERVICES WILL BE UNINTERRUPTED OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, ERROR FREE OR THAT ANY MATERIAL AND/OR DATA DOWNLOADED ALL ERRORS CAN OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT CORRECTED; NOR DOES IT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY OF THEM. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3.2, THIS SECTION 6, AND SCHEDULE “C”, THE BLUECAT OFFERINGS, ANCILLARY SERVICE SOFTWARE, APPLIANCES, MANAGED SERVICES, HOSTED SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE ACCURACY MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUECAT HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESS OR RELIABILITY IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON- INFRINGEMENT, CURRENCY, RELIABILITY, SECURITY, OR UNINTERRUPTED USE. NO WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY BLUECAT WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, BLUECAT EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION OBTAINED THROUGH PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF ANY OF THE BLUECAT OFFERINGS, ANCILLARY SERVICE SOFTWARE, APPLIANCES, MANAGED SERVICES, HOSTED SERVICES OR THAT THE PROFESSIONAL SERVICES WILL MEET IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEPURPOSE WHATSOEVER.

Warranty Disclaimer. LICENSOR’S WARRANTY FOR THE SERVICES DEVICE, IF ANY, IS STATED ON THE PURCHASE TERMS PROVIDED BY LICENSOR AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED NOT IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSXXXX. YOU UNDERSTAND ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISKLICENSOR MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU IN THIS XXXX AND DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE OR ITS OPERATION, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS WHETHER EXPRESSED OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR INCLUDING BUT NOT LIMITED TO ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR AVAILABLE UNDER ANY STATE STATUTE GOVERNING SOFTWARE OR INFORMATION SERVICES. LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS ERROR FREE OR WILL ALWAYS OPERATE UNINTERRUPTED. LIMITATION OF LIABILITY IN NO EVENT SHALL LICENSOR OR ITS OWN LICENSORS AND WE MAKE NO WARRANTY SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICESSOFTWARE OR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION, LICENSOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM THE RESULTS YOU ACHIEVE USING THE SOFTWARE OR WHICH RELATE TO THE STORAGE OF ANY DATA OR FOR THE DELIVERY, SECURITY, OR AVAILABILITY OF ANY DATA. WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF LICENSOR FOR ANY REASON WHATSOEVER RELATED TO THE SOFTWARE, THE ACCURACY USE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH INABILITY TO USE THE SERVICESSOFTWARE, OR THAT FOR ANY CLAIMS RELATING TO THIS XXXX SHALL NOT EXCEED IN THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEAGGREGATE US$5,000.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS SPECIFICALLY STATED OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAGREEMENT, WE ASSUME NO RESPONSIBILITY FOR SECTIGO AND THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESSECTIGO SSL WEB SERVER CERTIFICATION AUTHORITIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDRESELLERS, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARECO- MARKETERS, OR ANY PART THEREOFSUBCONTRACTORS, INCLUDING WITHOUT LIMITATIONDISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING EXPRESSLY DISCLAIM ALL OTHER WARRANTIES IN THE CERTIFICATION SERVICES WETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE. THIS DISCLAIMER IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY LAW AND INCLUDES ALL WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY NON-INFRINGEMENT. THE CERTIFICATION SERVICES ARE NOT TO BE USED FOR, OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE RELIED UPON AS, CONTROL EQUIPMENT IN HAZARDOUS CIRCUMSTANCES OR CIRCUMSTANCES REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, WEAPONS CONTROL SYSTEMS, OR WHERE FAILURE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE ENVIRONMENTAL DAMAGE, EACH OF WHICH IS AN UNAUTHORIZED USE OF A CERTIFICATE AND FOR WHICH A CERTIFICATE IS NEITHER DESIGNED NOR INTENDED. SECTIGO DOES NOT WARRANT THAT 1) THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE CERTIFICATION SERVICES WILL MEET ANY USER’S REQUIREMENTS, YOUR REQUIREMENTS OR YOUR EXPECTATIONS OR 2) THAT ACCESS TO THE CERTIFICATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE SECURE, OR ERROR ERROR-FREE.

Warranty Disclaimer. EXCEPT AS SET FORTH IN THIS AGREEMENT, TO THE SERVICES MAXIMUM EXTENT PROVIDED BY APPLICABLE LAWS, THE SKYSQL SERVICES, BETA PROGRAMS, BETA MATERIALS, AND RELATED DOCUMENTATION TRIAL SERVICES, INCLUDING ALL UPDATES, BUG FIXES, WORK AROUNDS, OR ERROR CORRECTIONS, ARE PROVIDED TO CUSTOMER “AS-IS” AND “AS IS.AVAILABLE” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREINCLUDING, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, NON- INFRINGEMENT, TITLE, PERFORMANCE, AND WE MAKE NO WARRANTY ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR REPRESENTATION REGARDING THE RESULTS USAGE OF TRADE. MARIADB DOES NOT WARRANT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SKYSQL SERVICES WILL MEET BE UNINTERRUPTED OR ERROR-FREE. MARIADB SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO THIRD-PARTY HOSTING PROVIDERS WITH WHOM CUSTOMER SEPARATELY CONTRACTS. MARIADB DOES NOT MAKE ANY USER’S REQUIREMENTSWARRANTIES AND SHALL HAVE NO OBLIGATIONS WITH RESPECT TO THIRD-PARTY APPLICATIONS. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREELIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED AND TO THE GREATEST EXTENT PERMITTED BY LAW, WE ASSUME TENABLE OFFERS ITS PRODUCTS “AS-IS” AND MAKES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOFSTATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, INTEGRATION, PERFORMANCE AND WE MAKE NO WARRANTY ACCURACY, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR REPRESENTATION REGARDING USAGE OF TRADE. THE RESULTS THAT MAY BE OBTAINED FROM THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE MADE TO CUSTOMER FOR CUSTOMER’S BENEFIT ONLY. CUSTOMER’S USE OF THE SERVICESPRODUCTS IS AT CUSTOMER’S OWN RISK. CUSTOMER UNDERSTANDS THAT ASSESSING NETWORK SECURITY IS A COMPLEX PROCEDURE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR AND TENABLE DOES NOT GUARANTEE THAT THE SERVICES RESULTS OF THE PRODUCTS WILL MEET BE ERROR-FREE OR PROVIDE A COMPLETE AND ACCURATE PICTURE OF CUSTOMER’S SECURITY FLAWS, AND CUSTOMER AGREES NOT TO RELY SOLELY ON SUCH PRODUCTS IN DEVELOPING ITS SECURITY STRATEGY. CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS MAY RESULT IN LOSS OF SERVICE OR HAVE OTHER IMPACTS TO NETWORKS, ASSETS OR COMPUTERS (INCLUDING MODIFICATION OF SCAN TARGETS), AND CUSTOMER IS SOLELY RESPONSIBLE FOR ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE DAMAGES RELATING TO SUCH LOSS OR ERROR FREEIMPACT.

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN COVERED BY THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESAGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGE BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND WE MAKE THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY OR REPRESENTATION REGARDING THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OPERATION OF THE SERVICESSOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESREPORTS. Multex's and its Contributors shall not have any obligation or liability to BLP or any third party relating to, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTSor arising (i) the supplying, BE UNINTERRUPTEDfurnishing or the failure to supply or furnish the Reports (including the information contained therein) or Services, TIMELY(ii) errors or omissions in connecting, SECURE OR ERROR FREErouting, processing, transmitting, distributing or displaying the Reports, or (iii) the accuracy of the Reports or securities or commodities information and prices, and related market and statistical information and prices displayed, carried or furnished by or through the Services. Multex and Contributors shall not have any liability for damages, direct or indirect, special, consequential, compensatory, lost profits, for any defaults arising out of this Agreement. Multex maximum liability hereunder for any other cause not exculpated hereunder, whether in tort or contract, shall not exceed the actual damages. Multex may discontinue and terminate providing all or a portion of the Reports upon ten (10) days prior notice (or such shorter notice if the Contributor so directs) (i) if the Contributor of such Reports notifies and directs Multex to discontinue or terminate providing the Reports, (ii) BLP has breached its agreement with the Contributor, (iii) Contributor has terminated its agreement with BLP, (iv) Contributor discontinues offering such Reports, (v) Contributor, for whatever reason, directs Multex to discontinue providing the Reports to BLP, (vi) BLP has not received authorization from Contributor to receive the Reports, and (vii) Contributor terminates its agreement with Multex. BLP recognizes and understands that Multex cannot and does not guarantee in any way, the content, timeliness, or availability of the Reports or Services. Accordingly, BLP agrees that Multex shall not have any obligation or liability to BLP (whether caused directly or indirectly) relating to or arising out of (i) the interruption, delay or failure in connecting, transmitting, routing, delivery, or distributing the Services or Reports, (ii) errors in connecting, transmitting, processing, disseminating, furnishing, displaying or distributing the Reports or Services, (iii) the unavailability of Reports or Services, (iv) the accuracy of the Reports (including the securities, pricing or commodities information contained therein) or the accuracy of the Reports as may be displayed, furnished or transmitted by or through the Services, (v) errors in entitling BLP with Reports that BLP is not entitled to receive or the failure to entitle BLP, (vi) the acts or omissions of the Contributors, including the termination or discontinuance of the Reports by Contributors to Multex or BLP. Multex's sole liability to BLP or any Third Party for claims, notwithstanding the form of such claims (e.g., contract, negligence or otherwise), arising out of items (i) through (vi) above, shall be to use reasonable efforts to resume the Services, make the Services or Reports available to BLP or correct any errors as promptly as reasonably and feasibly practicable.

Warranty Disclaimer. To the maximum extent permitted by applicable law, and except for the limited warranty set forth herein, THE SERVICES SOFTWARE (AND RELATED DOCUMENTATION ARE ACCOMPANYING DOCUMENTATION) IS PROVIDED ON AN “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING BASIS WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, CONCERNING YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE HARDWARESOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, SAGE MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE, VIRUS FREE, OR ANY PART THEREOFFREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL SATISFY YOUR SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAGE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND WE MAKE LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE AND ASSOCIATED DOCUMENTATION. THERE IS NO WARRANTY OR REPRESENTATION REGARDING CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE RESULTS THAT MAY BE OBTAINED FROM SOFTWARE. THE USE ENTIRE RISK OF THE SERVICESQUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, IF ANY, REMAINS SOLELY WITH YOU. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ABOVE LIMITATION MAY NOT APPLY TO YOU. THE SERVICES, OR THAT FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Warranty Disclaimer. TO THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED FULLEST EXTENT PERMITTED BY LAW, WE ASSUME NO RESPONSIBILITY ALL SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”. NEITHER MAESTROQA NOR ANY MAESTROQA PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR THE TIMELINESS, DELETION, MISDELIVERY A PARTICULAR PURPOSE OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSNONINFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE MAESTROQA DOES NOT WARRANT THAT SUBSCRIBER'S USE OF THE SERVICES IS AT YOUR SOLE RISKWILL BE SECURE, UNINTERRUPTED, FREE FROM VIRUS OR OTHER MALICIOUS CODE OR ERROR-FREE, NOR DOES MAESTROQA WARRANT THAT ANY MATERIAL AND/IT WILL REVIEW THE SUBSCRIBER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE SUBSCRIBER DATA DOWNLOADED WITHOUT LOSS OR OTHERWISE OBTAINED THROUGH THE CORRUPTION. MAESTROQA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE SERVICES IS DOWNLOADED INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF MAESTROQA. SUBSCRIBER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESHORTEST PERIOD PERMITTED BY LAW.

Warranty Disclaimer. THE SERVICES The Prototype may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions of the Prototype. The Prototype may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. LICENSEE EXPRESSLY ACKNOWLEDGES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE AGREES THAT USE OF THE SERVICES PROTOTYPE OR OTHER CONFIDENTIAL INFORMATION IS AT YOUR LICENSEE'S SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH . THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION PROTOTYPE AND RISK OTHER CONFIDENTIAL INFORMATION ARE PROVIDED "AS IS" AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KINDKIND AND 3COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIEDTERMS AND CONDITIONS, CONCERNING THE HARDWAREINCLUDING, BUT NOT LIMITED TO, THE SOFTWAREIMPLIED WARRANTIES, OR ANY PART THEREOFTERMS AND CONDITIONS OF MERCHANTABILITY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND WE SATISFACTORY QUALITY. 3COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROTOTYPE OR OTHER CONFIDENTIAL INFORMATION ARE SUITABLE FOR LICENSEE'S USE OR THAT THE OPERATION OF THE PROTOTYPE OR OTHER CONFIDENTIAL INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROTOTYPE OR OTHER CONFIDENTIAL INFORMATION WILL BE CORRECTED. FURTHERMORE, 3COM DOES NOT WARRANT OR MAKE NO WARRANTY OR REPRESENTATION ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM OF THE USE OF THE SERVICESPROTOTYPE OR OTHER CONFIDENTIAL INFORMATION OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 3COM SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE ACCURACY OR RELIABILITY SCOPE OF THIS WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF ANY PORTION OF THE PROTOTYPE OR OTHER CONFIDENTIAL INFORMATION OBTAINED THROUGH THE SERVICESIS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. Licensee acknowledges that 3Com may not have publicly announced the availability of the Prototype, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTSthat 3Com has not promised or guaranteed to Licensee that such Prototype will be announced or made available to anyone in the future, BE UNINTERRUPTEDand that 3Com has no express or implied obligation to Licensee to announce or introduce the Prototype or any similar or compatible product, TIMELY, SECURE OR ERROR FREEor to continue to offer or support the Prototype in the future.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES OVERTURE MARKETPLACE IS AT YOUR SOLE OWN RISK. THE OVERTURE MARKETPLACE IS AVAILABLE ON AN "AS IS" BASIS, THAT WITHOUT WARRANTY OF ANY MATERIAL KIND, EXPRESS OR IMPLIED. NEITHER OVERTURE NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS OR CONTRACTORS, OR ENTITIES WITHIN THE OVERTURE DISTRIBUTION NETWORK MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OVERTURE MARKETPLACE, THE SUCCESS OF YOUR SEARCH LISTING AS MEASURED IN ANY WAY, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH OVERTURE AND/OR DATA DOWNLOADED THE OVERTURE MARKETPLACE OR OTHERWISE ANY RESULTS OBTAINED THROUGH THE USE THEREOF. OVERTURE HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL INFORMATION PROVIDERS, LICENSORS, LICENSEES, CONTRACTORS, CONSULTANTS, AGENTS, ENTITIES WITHIN THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESOVERTURE DISTRIBUTION NETWORK, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL ATTORNEYS AND/OR DATA. WE DO NOT MAKE EMPLOYEES OF IT ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE OVERTURE MARKETPLACE AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE OVERTURE MARKETPLACE; AND (2) ANY WARRANTIES OF ANY KIND, EITHER EXPRESS TITLE OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT YOU MAY BE OBTAINED ALSO HAVE OTHER RIGHTS, WHICH VARY FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESTATE TO STATE.

Warranty Disclaimer. EXCEPT FOR ANY WARRANTY THAT MAY BE OFFERED BY ROCHE, THE SERVICES AND RELATED DOCUMENTATION ARE TABLEAU SOFTWARE, INCLUDING WITHOUT LIMITATION THE THIRD-PARTY CODE, IS PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AND TABLEAU MAKES NO WARRANTIES TO ANY PERSON OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR ENTITY WITH RESPECT TO THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND TABLEAU SOFTWARE AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESDISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDTITLE, EITHER EXPRESS OR IMPLIEDNONINFRINGEMENT, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE 7. Limitation of Damages and Remedies IN NO EVENT SHALL TABLEAU BE LIABLE UNDER CONTRACT, AND WE MAKE NO WARRANTY TORT, STRICT LIABILITY OR REPRESENTATION REGARDING OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE RESULTS THAT MAY TABLEAU SOFTWARE. NOTWITHSTANDING ANYTHING IN THE END USER AGREEMENT TO THE CONTRARY, THE TOTAL LIABILITY OF TABLEAU TO CUSTOMER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY CUSTOMER WITH RESPECT TO THE TABLEAU SOFTWARE. TABLEAU SHALL NOT BE OBTAINED FROM THE USE LIABLE FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF TABLEAU HAS BEEN ADVISED OF THE SERVICES, POSSIBILITY OF SUCH DAMAGES. THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR PARTIES AGREE THAT THE SERVICES WILL MEET LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT TABLEAU WOULD NOT PERMIT CUSTOMER TO USE THE TABLEAU SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY USER’S REQUIREMENTS, REMEDY SPECIFIED IN THE END USER AGREEMENT SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEFOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED EXPRESSLY SET FORTH IN THIS AGREEMENT OR AS REQUIRED AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSDISCLAIM ALL REPRESENTATIONS, DELETIONWARRANTIES AND CONDITIONS, MISDELIVERY EXPRESS OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESIMPLIED, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM ANY TERMS, REPRESENTATIONS, WARRANTIES OR LOSS CONDITIONS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIEDDURABILITY, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT OR QUIET POSSESSION AND WE MAKE NO WARRANTY THOSE ARISING BY STATUTE OR REPRESENTATION REGARDING IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE RESULTS THAT MAY BE OBTAINED FROM THE USE GENERALITY OF THE SERVICESFOREGOING, WE CANNOT AND DO NOT REPRESENT, WARRANT OR COVENANT THAT: (A) ANY OF THE ACCURACY PRODUCTS WILL MEET PURCHASER’S BUSINESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OTHER REQUIREMENTS; (B) THE SERVICESPRODUCTS WILL OPERATE OR BE PROVIDED WITHOUT INTERRUPTION; (C) THE PRODUCTS WILL BE ERROR-FREE, VIRUS-FREE OR THAT THE RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE, RELIABLE OR CURRENT (D) ANY ERRORS IN THE PRODUCTS CAN BE CORRECTED OR FOUND IN ORDER TO BE CORRECTED. MOREOVER, WITHOUT LIMITING THE GENERALITY OF SECTION 13 (CONDITIONS AND EXCLUSIONS) WE DO NOT ENDORSE, AND MAKE NO REPRESENTATION, OR WARRANTY WITH RESPECT TO, AND ASSUME NO RESPONSIBILITY, OBLIGATION OR LIABILITY FOR, ANY NON-GEOTAB PRODUCTS, SOFTWARE, DATA OR SERVICES WILL MEET ANY USER’S REQUIREMENTSINCLUDING BUT NOT LIMITED TO WIRELESS SERVICES, BE UNINTERRUPTEDMAPPING SERVICES, TIMELYPOSTED ROAD SPEED SERVICES, SECURE OR ERROR FREEINTERNET BANDWIDTH AND CLOUD STORAGE.

Warranty Disclaimer. ZENLAYER, AND AUTHOR OF THE SERVICES SOFTWARE, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION ARE IS PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREINCLUDING, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, . LICENSEE ACCEPTS ANY AND WE MAKE ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE. ZENLAYER MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENT OR REPRESENTATION REGARDING THE RESULTS OPERATE UNDER YOUR SPECIFIC CONDITION OF USE. ZENLAYER MAKES NO WARRANTY THAT MAY BE OBTAINED FROM THE USE OPERATION OF THE SERVICESSOFTWARE WILL BE SECURE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESERROR FREE, OR THAT FREE FROM INTERRUPTION. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SERVICES SOFTWARE TO MEET YOUR REQUIREMENTS. ZENLAYER WILL MEET NOT, UNDER ANY USER’S REQUIREMENTSCIRCUMSTANCES, BE UNINTERRUPTED, TIMELY, SECURE RESPONSIBLE OR ERROR FREELIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

Warranty Disclaimer. THE Services provided hereunder are part of a telecommunications service available to the public from a network serving all System customers as an integrated System. System routes all communications through central points of control used by other public traffic. We do not guarantee that there will be no gaps, interruptions or delays in Services. You may experience variations in Services and access times based upon the location involved, the other traffic on the System, or conditions of System. You may fail to obtain or maintain access due to a lack of coverage in a particular area, use of low powered portable equipment in areas where higher powered mobile equipment is needed, radio frequency propagation effects, the effects of weather, the effects of natural and constructed obstructions, equipment maintenance and upgrades, System facilities and changes, repairs and malfunctions, and public usage exceeding capacity. SERVICES MAY BE DEPENDENT UPON THIRD PARTY PROVIDERS AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT MAY BE DISRUPTED OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE CANCELED DUE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE ACTIONS OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATATHIRD PARTY PROVIDERS. WE DO NOT MAKE ANY ANY, AND HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EITHER STATUTORY, EXPRESS OR IMPLIED, CONCERNING REGARDING THE HARDWARESYSTEM, EQUIPMENT OR SERVICES. WITHOUT LIMITING THE SOFTWAREFOREGOING, WE SPECIFICALLY DISCLAIM EXPRESS OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS DO NOT WARRANT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OF YOUR REQUIREMENTS OR THAT THE PERFORMANCE OF SERVICES OR CONTENT THEREON WILL BE UNINTERRUPTED, TIMELY, SECURE APPROPRIATE OR ERROR FREEFREE OF ERRORS OR INACCURACIES. ANY WARRANTY FOR APPLICATIONS, SOFTWARE OR CERTAIN EQUIPMENT IS SOLELY PROVIDED BY THE MANUFACTURER OR DEVELOPER. THE ONLY WARRANTIES ON THE EQUIPMENT ARE LIMITED WARRANTIES AVAILABLE AT XXX.XXXXXXXXXXXX.XXX. WE FURTHER DISCLAIM ANY HARM THAT MAY RESULT FROM THE USE OR MISUSE OF ANY EQUIPMENT, APPLICATIONS OR SOFTWARE, OR PORTION THEREOF.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION PRODUCTS ARE PROVIDED “DURING THE EVALUATION PERIOD ON AN "AS IS.” EXCEPT " BASIS. PHOENIX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. LICENSEE ACKNOWLEDGES THAT EVALUATION SOFTWARE IS PROVIDED SOLELY FOR EVALUATION USE AND TESTING, AND THAT EVALUATION SOFTWARE MAY HAVE DEFECTS OR DEFICIENCIES WHICH CANNOT OR WILL NOT BE CORRECTED BY PHOENIX. NOTWITHSTANDING ANY OTHER PROVISION, EVALUATION SOFTWARE IS PROVIDED "AS OTHERWISE PROVIDED IN THIS AGREEMENT IS", “AS-AVAILABLE”, WITHOUT WARRANTY, REPRESENTATION OR AS REQUIRED BY LAWINDEMNITY OF ANY KIND, WE ASSUME NO RESPONSIBILITY EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY, OR OTHERWISE, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- INFRINGEMENT; OR FOR THE USE, SUFFICIENCY, RELIABILITY, TIMELINESS, DELETIONQUALITY, MISDELIVERY SECURITY, SUITABILITY, TRUTH, AVAILABILITY, COMPLETENESS OR FAILURE TO STORE ACCURACY OF EVALUATION SOFTWARE. PHOENIX IS NOT LIABLE FOR LOSS OF DATA OR ANY USER COMMUNICATIONS DAMAGES, DIRECT OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT INDIRECT, RESULTING FROM USE OR ATTEMPTED USE OF EVALUATION SOFTWARE, THROUGH AND AFTER THE SERVICES IS AT YOUR SOLE RISKEVALUATION TESTING PERIOD. PHOENIX DISCLAIMS LIABILITY FOR ANY PARTY’S ACT OR OMISSION IN USE OF OR RELIANCE UPON EVALUATION SOFTWARE, OR THAT THE QUALITY OF ANY INFORMATION, DATA, RESULTS OR MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH EVALUATION SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS; ERRORS OR DEFECTS WILL BE CORRECTED; OR THE SERVICE OR SERVER USED TO PROVIDE HOSTED SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOSTED SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE SERVICES INTERNET AND ELECTRONIC COMMUNICATIONS. PHOENIX IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY NOT RESPONSIBLE FOR ANY DAMAGESRESULTING DELAYS, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWAREDELIVERY FAILURE, OR DAMAGES. LICENSEE HAS SOLE RESPONSIBILITY FOR FULFILLING ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, REQUIREMENTS OR ACCOMPLISHING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS OBJECTIVES FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEWHICH LICENSEE USES EVALUATION SOFTWARE.

Warranty Disclaimer. EXCEPT FOR THE SERVICES EXPRESS WARRANTIES SET FORTH ABOVE, AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED TO THE EXTENT NOT PROHIBITED BY LAW, WE ASSUME SÉURA MAKES NO RESPONSIBILITY FOR REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESPRODUCTS, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON- INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO ALL BUYERS. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF A BUYER’S JURISDICTION, SÉURA LIMITS THE DURATION AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING REMEDIES OF SUCH WARRANTIES TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE DURATION OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREETHIS EXPRESS LIMITED WARRANTY.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED EXPRESSLY SET FORTH IN THIS AGREEMENT OR AS REQUIRED BY LAWAGREEMENT, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSEACH OF NOVATION, DELETIONVHA, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND UHC AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISKHPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESINCLUDING, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND WE MAKE IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE ACCURACY FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEPROVIDED BY THIRD PARTIES.

Warranty Disclaimer. EXCEPT AS SET FORTH IN THIS SECTION 8, THE COMMERCIAL SOFTWARE, THE DOCUMENTATION AND SUPPORT SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE COMMERCIAL SOFTWARE, THE DOCUMENTATION, THE SUPPORT SERVICES OR ANY OTHER MATERIALS OR SERVICES FURNISHED OR PROVIDED IN TO MSP UNDER THIS AGREEMENT OR AS REQUIRED BY AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT WITH RESPECT TO THE TIMELINESSCOMMERCIAL SOFTWARE, DELETIONTHE DOCUMENTATION, MISDELIVERY THE SUPPORT SERVICES AND ANY OTHER SERVICES OR FAILURE OTHER MATERIALS PROVIDED BY ELASTIC HEREUNDER, AND WITH RESPECT TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU COMMERCIAL SOFTWARE WILL BE ERROR FREE, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE USE OF ELASTIC SOFTWARE WILL BE UNINTERRUPTED. MSP AGREES THAT IT IS SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE IN CONNECTION WITH ITS USE OF THE SERVICESCOMMERCIAL SOFTWARE. IN ADDITION, MSP UNDERSTANDS AND AGREES THAT THE ACCURACY COMMERCIAL SOFTWARE IS NOT DESIGNED OR RELIABILITY INTENDED FOR USE IN THE OPERATION OF ANY INFORMATION OBTAINED THROUGH THE SERVICESNUCLEAR FACILITIES, AIRCRAFT, WEAPONS SYSTEMS, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREELIFE SUPPORT SYSTEMS.

Warranty Disclaimer. CARAHSOFT DOES NOT WARRANT THAT THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN PERFORMED UNDER THIS AGREEMENT OR AS REQUIRED BY LAWANY SERVICE ORDER WILL: A) BE UNINTERRUPTED OR ERROR-FREE OR THAT CARAHSOFT WILL CORRECT ALL DEFECTS OR PREVENT THIRD-PARTY DISRUPTIONS OR UNAUTHORIZEIND THIRD-PARTY ACCESS; (B) DETECT OR IDENTIFY ALL SECURITY OR NETWORK THREATS TO, WE ASSUME NO RESPONSIBILITY OR VULNERABILITIES OF END USER’S NETWORKS OR OTHER FACILITIES, ASSETS, OR OPERATIONS; (C) PREVENT INTRUSIONS INTO OR ANY DAMAGE TO END USER’S NETWORKS OR OTHER FACILITIES, ASSETS, OR OPERATIONS INCLUDING LOSS OF DATA; (D) RETURN CONTROL OF END USER OR THIRD-PARTY SYSTEMS WHERE UNAUTHORIZED ACCESS OR CONTROL HAS OCCURRED; OR (E) MEET OR HELP END USER MEET ANY INDUSTRY STANDARD OR ANY OTHER REQUIREMENTS INCLUDING THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARD NOT OTHERWISE SET FORTH IN A SERVICE ORDER. THE WARRANTIES SET FORTH HEREIN AND THOSE SPECIFIED FOR INDIVIDUAL CARAHSOFT PRODUCTS AND SERVICESS IN EACH APPLICABLE SERVICE ORDER ARE THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND EXCLUSIVE WARRANTIES FROM CARAHSOFT AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESREPLACE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM THE IMPLIED WARRANTIES OR LOSS CONDITIONS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDSATISFACTORY QUALITY, EITHER EXPRESS OR IMPLIEDMERCHANTABILITY, CONCERNING THE HARDWARENON-INFRINGEMENT, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. CARAHSOFT’S WARRANTIES WILL NOT APPLY IF THERE HAS BEEN MISUSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESMODIFICATION, OR THAT THE SERVICES WILL MEET ANY USERDAMAGE NOT CAUSED BY CARAHSOFT OR ITS SUBCONTRACTORS, FAILURE TO COMPLY WITH INSTRUCTIONS PROVIDED BY XXXXXXXXX, OR AS OTHERWISE STATED IN CARAHSOFT’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEPUBLISHED POLICY.

Warranty Disclaimer. TEAMDYNAMIX WARRANTS THAT THE PROFESSIONAL SERVICES WILL BE PERFORMED IN A WORKMANLIKE MANNER AND RELATED DOCUMENTATION WITH PROFESSIONAL DILIGENCE AND SKILL, IN ACCORDANCE WITH THIS ADDENDUM AND THE DOCUMENTATION. IF THERE IS A MATERIAL BREACH OF THE ABOVE WARRANTY, TEAMDYNAMIX’S ENTIRE LIABILITY AND CLIENT’S ENTIRE REMEDY SHALL BE, AT TEAMDYNAMIX’S OPTION TO (I) MODIFY THE PROFESSIONAL SERVICES TO CONFORM TO THE TERMS OF THE SOW; (II) PROVIDE A REASONABLE WORKAROUND SOLUTION WHICH WILL REASONABLY MEET CLIENT’S REQUIREMENTS OR (III) IF NEITHER OF THE FOREGOING IS COMMERCIALLY REASONABLE, TERMINATE THE SOW AND REFUND TO CLIENT ALL SUMS PAID BY CLIENT FOR THE NONCONFORMING PROFESSIONAL SERVICES, WITH NO FURTHER LIABILITY TO TEAMDYNAMIX. THESE REMEDIES ARE PROVIDED “AS IS.” CLIENT’S SOLE AND EXCLUSIVE REMEDIES FOR A CLAIM OF BREACH OF WARRANTY UNDER THIS ADDENDUM. EXCEPT AS OTHERWISE PROVIDED FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT OR AS REQUIRED BY LAWSECTION 9, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSEACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, DELETIONEITHER EXPRESS, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISKIMPLIED, THAT ANY MATERIAL AND/OR DATA DOWNLOADED STATUTORY, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION UNDER THIS ADDENDUM, AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY TEAMDYNAMIX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND WE MAKE NO WARRANTY NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREETRADE PRACTICE.

Warranty Disclaimer. THE Services provided hereunder are part of a telecommunications service available to the public from a network serving all System customers as an integrated System. System routes all communications through central points of control used by other public traffic. We do not guarantee that there will be no gaps, interruptions or delays in Services. You may experience variations in Services and access times based upon the location involved, the other traffic on the System, or conditions of System. You may fail to obtain or maintain access due to a lack of coverage in a particular area, use of low powered portable equipment in areas where higher powered mobile equipment is needed, radio frequency propagation effects, the effects of weather, the effects of natural and constructed obstructions, equipment maintenance and upgrades, System facilities and changes, repairs and malfunctions, and public usage exceeding capacity. SERVICES MAY BE DEPENDENT UPON THIRD PARTY PROVIDERS AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT MAY BE DISRUPTED OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE CANCELED DUE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE ACTIONS OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATATHIRD PARTY PROVIDERS. WE DO NOT MAKE ANY ANY, AND HEREBY DISCLAIM ALL, WARRANTIES AND REPRESENTATIONS OF ANY KIND, EITHER STATUTORY, EXPRESS OR IMPLIED, CONCERNING REGARDING THE HARDWARESYSTEM, EQUIPMENT OR SERVICES. WITHOUT LIMITING THE SOFTWAREFOREGOING, WE SPECIFICALLY DISCLAIM EXPRESS OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS DO NOT WARRANT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OF YOUR REQUIREMENTS OR THAT THE PERFORMANCE OF SERVICES OR CONTENT THEREON WILL BE UNINTERRUPTED, TIMELY, SECURE APPROPRIATE, SECURE, OR ERROR FREEFREE OF ERRORS OR INACCURACIES. ANY WARRANTY FOR APPLICATIONS, SOFTWARE OR CERTAIN EQUIPMENT IS SOLELY PROVIDED BY THE MANUFACTURER OR DEVELOPER. THE ONLY WARRANTIES ON THE EQUIPMENT ARE LIMITED WARRANTIES AVAILABLE AT XXX.XXXXXXXXXXXX.XXX/XXXXXXX. WE FURTHER DISCLAIM ANY HARM THAT MAY RESULT FROM THE USE OR MISUSE OF ANY EQUIPMENT, APPLICATIONS OR SOFTWARE, OR PORTION THEREOF.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION DATABASE TO WHICH CUSTOMER IS BEING GIVEN ACCESS IS ACTUALLY A COLLECTION OF DATABASES, MANY OF WHICH ARE PROVIDED “BY THIRD PARTIES OVER WHOM DataTrax HAS NO CONTROL. THUS, DATABASE ACCESS IS PROVIDED AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT . DataTrax MAKES NO REPRESENTATIONS OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, TO CUSTOMER OR ANY PART THEREOFTHIRD PARTY, INCLUDING WITHOUT LIMITATIONWITH RESPECT TO SERVICES OR DATA MADE AVAILABLE BY MEANS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TRUTH, ACCURACY AND / OR CORRECTNESS OF ANY INFORMATION CONTAINED IN SAID DATABASE, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS QUALITY FOR A PARTICULAR PURPOSETHE ORDINARY PURPOSES FOR WHICH THE DATABASE IS USED, ANY WARRANTIES OF SYSTEM INTEGRATION, AND WE MAKE / OR ANY WARRANTIES OF QUIET ENJOYMENT OR NON-INFRINGEMENT. DataTrax ASSUMES NO RESPONSIBILITY WITH RESPECT TO ANY USE OF ANY OF THE SERVICES OR DATABASE INFORMATION MADE AVAILABLE BY DataTrax, AND THE ENTIRE RISK AS TO QUALITY, PERFORMANCE, ACCURACY, EFFORT AND UTILITY IS WITH THE CUSTOMER. CUSTOMER ACKNOWLEDGES THAT IT IS IN NO SPECIAL RELATIONSHIP OF RELIANCE UPON DataTrax AND IS NOT RELYING UPON THE ADVICE, JUDGMENT, OR SKILL OF DataTrax EMPLOYEES OR AGENTS IN ENTERING INTO THIS AGREEMENT. THERE IS NO WARRANTY THAT THE DATABASE, OR REPRESENTATION REGARDING INFORMATION CONTAINED THEREIN, WILL FULFILL ANY OF CUSTOMER'S PARTICULAR PURPOSES OR NEEDS. CUSTOMER AGREES THAT DataTrax SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR THE RESULTS THAT MAY BE OBTAINED FROM THE USE LOSS OF PROFIT, REVENUE, OR DATA ARISING OUT OF THE SERVICES, THE ACCURACY OR RELIABILITY SUBJECT MATTER OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.THIS AGREEMENT

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SERVICES SLA, CLIENT UNDERSTANDS AND RELATED DOCUMENTATION AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS OTHERWISE PROVIDED IN THIS AGREEMENT WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR AS REQUIRED USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY LAWANY PERSON OR ENTITY, WE ASSUME INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSPARTICIPATING MERCHANTS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE QUIVERS SERVICES IS AT YOUR CLIENT’S SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU . CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESDAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM ON THE PROVISION, OPERATION, OR LOSS USE OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREGIFT CARDS, THE SOFTWAREMANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY PART THEREOFOTHER FORMS OF PAYMENT ONLINE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, CURRENCY RULES AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESREGULATIONS, OR THAT THE SERVICES WILL MEET PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY USERSUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREERESPONSIBILITY.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAND NEITHER PARTY MAKES ANY WARRANTY, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING BY OPERATION OF LAW, STATUTORY OR OTHERWISE. HMH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE HARDWAREWARRANTY OF MERCHANTABILITY, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND WE ANY DELIVERABLES PROVIDED BY HMH HEREUNDER. HMH DOES NOT WARRANT OR MAKE NO WARRANTY OR REPRESENTATION ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM OF THE USE OF THE SERVICESSYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE ACCURACY SYSTEM CONTENT. HMH EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELIABILITY RELATIONSHIP OF ANY INFORMATION OBTAINED KIND WITH ANY THIRD-PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY HMH OR A HMH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, HMH DOES NOT WARRANT THAT THE SERVICES, OR THAT OPERATION OF THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELYVIRUS-FREE OR ERROR-FREE. FURTHER, SECURE OR ERROR FREEHMH MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND HMH SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES PURECLOUD SERVICE, EQUIPMENT, AND RELATED DOCUMENTATION OTHER SERVICES, DELIVERABLES, PRODUCTS AND MATERIALS ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT ”. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESSTATUTORY, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIEDSATISFACTORY QUALITY, CONCERNING THE HARDWARETITLE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, COMPATIBILITY, SECURITY, QUIET ENJOYMENT, TIMELINESS, COMPLETENESS, OR ACCURACY. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY DO NOT WARRANT THAT ACCESS TO OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESPURECLOUD SERVICE OR OTHER SERVICES OR MATERIALS PROVIDED BY US WILL BE UNINTERRUPTED OR ERROR-FREE. IT IS YOUR RESPONSIBILITY TO SELECT THE SERVICE NECESSARY TO ACHIEVE YOUR INTENDED RESULTS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHERRIGHTS WHICH VARY BY JURISDICTION. IF THE SERVICESIMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, OR YOU AGREE THAT THEY WILL BE LIMITED TO THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEGREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

Warranty Disclaimer. NEITHER PROJECT DATA SPHERE NOR ANY OF ITS LICENSORS OF TECHNOLOGY OR DATA, NOR ITS HOSTING PLATFORM PROVIDER MAKES ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES DATABASE, THE DATA, THE COMMUNITY TOOLS, THE USER CONTRIBUTIONS OR THE PLATFORM. PROJECT DATA SPHERE (ON BEHALF OF ITSELF, EACH LICENSOR OF TECHNOLOGY OR DATA AND RELATED DOCUMENTATION ITS HOSTING PLATFORM PROVIDER) SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE DATA, THE COMMUNITY TOOLS, THE USER CONTRIBUTIONS AND THE PLATFORM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING AS A RESULT OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. PROJECT DATA SPHERE, ITS LICENSORS OF TECHNOLOGY OR DATA AND ITS HOSTING PLATFORM PROVIDER DO NOT GUARANTEE THAT THE DATA, THE COMMUNITY TOOLS, THE USER CONTRIBUTIONS OR THE PLATFORM WILL MEET YOUR REQUIREMENTS OR NEEDS OR THAT THE DATA OR THE USER CONTRIBUTIONS ARE ACCURATE, CURRENT, OR COMPLETE. THE DATA, THE COMMUNITY TOOLS, THE USER CONTRIBUTIONS AND THE PLATFORM ARE PROVIDED “AS IS.,” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES DATA, THE COMMUNITY TOOLS, THE USER CONTRIBUTIONS AND THE PLATFORM IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED You understand that the Pre-Release Software is a pre-release version provided “AS AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT and does not represent a final product from Intuit. You also understands that the Pre-Release Software may contain, errors, “bugs” and other problems which may result in system failure or failure in the use of the Pre-Release Software or loss of data. INTUIT DISCLAIMS ANY WARRANTY OR AS REQUIRED BY LAWLIABILITY OBLIGATIONS TO YOU OF ANY KIND. NEITHER INTUIT NOR ANY PARTICIPATING FINANCIAL INSTITUTION, WE ASSUME NO RESPONSIBILITY ANY INTUIT AFFILIATE, OR ANY THIRD PARTY SERVICE OR DATA PROVIDER, LICENSORS OR DISTRIBUTORS ("REPRESENTATIVES") MAKE ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OR CONDITION OF ANY KIND FOR THE TIMELINESSPRE-RELEASE SOFTWARE INCLUDING, DELETIONBUT NOT LIMITED TO, MISDELIVERY ANY WARRANTY OR FAILURE CONDITION WITH REGARD TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISKPRE-RELEASE PERFORMANCE, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT. IN NO EVENT WILL INTUIT OR ANY OF ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PARTY FOR (i) CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM ANY LOST PROFITS, LOST SAVINGS, LOST OR DAMAGED DATA, OTHER ECONOMIC OR COMMERCIAL LOSS UNDER ANY LEGAL THEORY, EVEN IF INTUIT OR ITS REPRESENTATIVES HAS BEEN ADVISED OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING POSSIBILITY OF SUCH MATERIAL AND/DAMAGES; OR DATA(ii) FOR ANY CLAIM BY ANY OTHER PARTY. WE YOU ACKNOWLEDGE AND AGREE THAT YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRE-RELEASE SOFTWARE. SOME JURISDICTIONS DO NOT MAKE ANY WARRANTIES ALLOW THE EXCLUSION OR LIMITATION OF ANY KIND, EITHER EXPRESS LIABILITY FOR CONSEQUENTIAL OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEINCIDENTAL DAMAGES, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE SO PARTS OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEABOVE LIMITATION MAY NOT APPLY TO YOU.

Warranty Disclaimer. EXCEPT FOR THE SERVICES EXPRESS WARRANTY SET FORTH IN SECTION 11.1, THE SOFTWARE, DOCUMENTATION, DISKETTES, CD-ROM, AND RELATED DOCUMENTATION OTHER MEDIA ARE PROVIDED ON AN “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT BASIS. MKS SPECIFICALLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES OR AS REQUIRED BY LAWCONDITIONS, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREINCLUDING BUT NOT LIMITED TO CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE SOFTWAREMERCHANTABILITY, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE TITLE, NON-INFRINGEMENT OR ANY CONDITIONS OF QUALITY OR ANY WARRANTIES ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR FITNESS FOR ULTRAHAZARDOUS ACTIVITIES. MKS MAKES NO WARRANTY WHATSOEVER, EXPRESS OR REPRESENTATION REGARDING IMPLIED, WITH RESPECT TO THE DOCUMENTATION, MAINTENANCE SERVICES AND THIRD PARTY SOFTWARE. THE ENTIRE RISK AS TO THE RESULTS THAT MAY BE AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IN PARTICULAR, MKS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER FOR ANY PORTIONS OF THE SOFTWARE WHICH HAVE BEEN MODIFIED BY YOU OR ON YOUR BEHALF WITHOUT MKS’ PRIOR WRITTEN CONSENT. YOU ARE RESPONSIBLE FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE USE OF SOFTWARE. MKS DOES NOT WARRANT THAT THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, ITS OPERATION SHALL BE UNINTERRUPTED, TIMELY, SECURE UNINTERRUPTED OR ERROR FREE, NOR THAT SOFTWARE ERRORS OR DEFECTS SHALL BE CORRECTED. YOU MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY; HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN SECTION 11.1. MOREOVER, IN NO EVENT SHALL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT OR EMPLOYEE OF MKS IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS LIMITED WARRANTY.

Warranty Disclaimer. THE SERVICES PRODUCTS AND RELATED DOCUMENTATION SUPPORT ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE DEVOPSMX DOES NOT WARRANT THAT THE PRODUCTS AND SUPPORT PROVIDED IN TO CUSTOMER UNDER THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISKWILL OPERATE UNINTERRUPTED, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU THEY WILL BE SOLELY RESPONSIBLE FOR FREE FROM DEFECTS, OR THAT THE PRODUCTS ARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. NEITHER DEVOPSMX NOR ITS SUPPLIERS MAKES ANY DAMAGESOTHER WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, STATUTORY OR ANY PART THEREOFOTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD. CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY HIGH RISK OR STRICT LIABILITY ACTIVITY (INCLUDING, WITHOUT LIMITATION, AIR OR SPACE TRAVEL, POWER PLANT OPERATION, OR LIFE SUPPORT OR EMERGENCY MEDICAL OPERATIONS) AND WE MAKE THAT DEVOPSMX MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE AND SHALL HAVE NO LIABILITY IN CONNECTION WITH ANY USE OF THE SERVICES, THE ACCURACY PRODUCTS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE CLOUD SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEIN SUCH SITUATIONS.

Warranty Disclaimer. THE SERVICES BY INSTALLING, COPYING OR OTHERWISE USING LIGHTING ANALYSTS’ PRODUCTS, CUSTOMER AGREES TO TAKE AND RELATED DOCUMENTATION ARE PROVIDED USE LIGHTING ANALYSTS’ PRODUCTS “AS IS.” ”. EXCEPT AS OTHERWISE FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN THIS AGREEMENT SECTION 6.1 (LIMITED WARRANTY) HEREOF, LIGHTING ANALYSTS MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES, EXPRESS, IMPLIED OR AS REQUIRED BY LAWSTATUTORY WITH RESPECT TO THE SOFTWARE, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSMATERIALS, DELETIONTHE PAYMENT SERVICES, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF IF ANY, THE SERVICES IS AT YOUR SOLE RISKMAINTENANCE, THAT ANY MATERIAL THE SUPPORT, AND/OR DATA DOWNLOADED ANY SERVICES PROVIDED BY LIGHTING ANALYSTS. ANY STATEMENTS OR OTHERWISE OBTAINED THROUGH REPRESENTATIONS ABOUT THE USE OF PAYMENT SERVICES, THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARELICENSED SOFTWARE, THE SOFTWARE, AND THEIR FUNCTIONALITY IN THE MATERIALS OR ANY PART THEREOFCOMMUNICATION WITH THE CUSTOMER CONSTITUTES DESCRIPTIVE INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, INCLUDING LIGHTING ANALYSTS SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LIGHTING ANALYSTS DOES NOT WARRANT THAT THE OPERATION OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OUTPUT OF THE SERVICESSOFTWARE WILL BE ACCURATE, ERROR-FREE, RELIABLE, COMPLETE OR UNINTERRUPTED. LIGHTING ANALYSTS DOES NOT WARRANT THAT THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SOFTWARE, MATERIALS, PAYMENT SERVICES, OR THAT THE SERVICES PROVIDED HEREUNDER WILL MEET ANY USER’S REQUIREMENTSBE FREE FROM BUGS, BE UNINTERRUPTEDVIRUSES, TIMELYERRORS, SECURE OR ERROR FREEOTHER LIMITATIONS. Some states do not allow the exclusion of implied warranties, therefore the above exclusions may not apply to Customer, in which case any implied warranties are limited in duration to thirty (30) days from date of purchase.

Warranty Disclaimer. (a) THE SERVICES AND CREDIT UNION CANNOT FORESEE OR ANTICIPATE ALL TECHNICAL OR OTHER DIFFICULTIES RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED TO THE APPLICATION OR SERVICES. THESE DIFFICULTIES MAY RESULT IN THIS AGREEMENT LOSS OF DATA, PERSONALIZATION SETTINGS OR AS REQUIRED BY LAW, OTHER APPLICATION INTERRUPTIONS. WE ASSUME NO RESPONSIBILITY FOR ANY DISCLOSURE OF ACCOUNT INFORMATION TO NON-PARTIES, THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT PERSONALIZATION SETTINGS IN CONNECTION WITH YOUR USE OF THE SERVICES IS AT APPLICATION. (b) WE ASSUME NO RESPONSIBILITY FOR THE OPERATION, SECURITY, FUNCTIONALITY OR AVAILABILITY OF ANY COMPUTING DEVICE OR NETWORK, WHICH YOU UTILIZE TO ACCESS THE APPLICATION OR USE SERVICE. (c) YOU AGREE TO EXERCISE CAUTION WHEN UTILIZING THE APPLICATION ON YOUR SOLE RISK, THAT ANY MATERIAL AND/COMPUTING DEVICE AND TO USE GOOD JUDGMENT AND DISCRETION WHEN OBTAINING OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TRANSMITTING INFORMATION. (d) THE SERVICES AND APPLICATION PROVIDED HEREUNDER IS DOWNLOADED PROVIDED "AS IS," WITH ALL WARRANTIES DISCLAIMED, INCLUDING, ALL EXPRESS OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESIMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. THERE IS NO WARRANTY REPRESENTATIONS OR REPRESENTATION REGARDING WARRANTIES THAT THE RESULTS THAT MAY BE OBTAINED FROM SOFTWARE IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR SERVICES AND LICENSED APPLICATION SHALL BE BORNE SOLELY BY YOU. (e) THERE IS NO WARRANTY THAT THE SERVICES AND APPLICATION WILL MEET ANY USER’S YOUR REQUIREMENTS, THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE SECURE, ERROR FREE, OR THAT ANY DEFECTS IN THE SERVICES AND APPLICATION WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE AND APPLICATION ARE AT YOUR SOLE RISK AND DISCRETION AND WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO FOLLOW PROPER BACKUP PROCEDURES TO PROTECT AGAINST LOSS OR ERROR FREERESULTING FROM USE OF THE SERVICES AND LICENSED APPLICATION. (f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. (g) SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

Warranty Disclaimer. THE SERVICES EACH RENTAL DEVICE AND RELATED DOCUMENTATION ARE ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS.” EXCEPT AND “AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAVAILABLE” AND TELESYSTEM MAKES NO WARRANTIES, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING INCLUDING BUT NOT LIMITED TO THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY SIMILAR WARRANTY, AND WE MAKE NO WHETHER SAID WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE ARISES UNDER PROVISIONS OF ANY LAW OF THE SERVICESUNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE ACCURACY OR RELIABILITY SCOPE AND DURATION OF ANY INFORMATION OBTAINED THROUGH SUCH WARRANTY WILL BE THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEMINIMUM PERMITTED UNDER SUCH LAW.

Warranty Disclaimer. THE SERVICES PRODUCTS AND RELATED DOCUMENTATION SUPPORT ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE CLOUDBEES DOES NOT WARRANT THAT THE PRODUCTS AND SUPPORT PROVIDED IN TO CUSTOMER UNDER THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISKWILL OPERATE UNINTERRUPTED, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU THEY WILL BE SOLELY RESPONSIBLE FOR FREE FROM DEFECTS, OR THAT THE PRODUCTS ARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. NEITHER CLOUDBEES NOR ITS SUPPLIERS MAKES ANY DAMAGESOTHER WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, STATUTORY OR ANY PART THEREOFOTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD. CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY HIGH RISK OR STRICT LIABILITY ACTIVITY (INCLUDING, WITHOUT LIMITATION, AIR OR SPACE TRAVEL, POWER PLANT OPERATION, OR LIFE SUPPORT OR EMERGENCY MEDICAL OPERATIONS) AND WE MAKE THAT CLOUDBEES MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE AND SHALL HAVE NO LIABILITY IN CONNECTION WITH ANY USE OF THE SERVICES, THE ACCURACY PRODUCTS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE CLOUD SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEIN SUCH SITUATIONS.

Warranty Disclaimer. THE SERVICES SERVICE IS PROVIDED ON AN AS-IS AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AS-AVAILABLE BASIS. COMPANY DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE OR AS REQUIRED BY LAWTRADE PRACTICE, WE ASSUME NO RESPONSIBILITY FOR AND ANY IMPLIED WARRANTY OF NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. COMPANY DOES NOT WARRANT THAT THE TIMELINESSSERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, DELETIONTHAT ALL DEFECTS WILL BE CORRECTED, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSWILL MEET CLIENT’S REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES SERVICE IS AT YOUR SOLE RISK. ANY APPLICATIONS OR CONTENT THAT YOU DOWNLOAD, THAT ANY MATERIAL AND/INSTALL, ACCESS OR DATA DOWNLOADED USE ON OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SERVICE IS DOWNLOADED OR OBTAINED DONE SO AT YOUR OWN SOLE DISCRETION AND RISK RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESAND ALL DAMAGE RESULTING THEREFROM, INCLUDING WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM COMPUTERS, SYSTEMS, MOBILE DEVICES OR THOSE OF YOUR USERS, OR ANY LOSS OR CORRUPTION OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO COMPANY DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY OTHER LICENSED PROFESSION BY PROVIDERS USING THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS BEING PROVIDED TO YOU AS A TOOL TO USE IN YOUR MEDICAL PRACTICE AND THAT EACH MEDICAL PROVIDER WHO USES THE SERVICE WILL BE SUBJECT TO APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS REGARDING THE PROVISION OF MEDICAL SERVICES. COMPANY DOES NOT MAKE ANY WARRANTIES REPRESENTATION OR WARRANTY OF ANY KINDKIND THAT THE SERVICE WILL SATISFY ANY STATE OR FEDERAL REQUIREMENTS FOR THE PROVISION OF MEDICAL SERVICES. EACH END USER IS RESPONSIBLE FOR ENSURING THAT HE OR SHE USES THE SERVICE IN COMPLIANCE WITH SUCH LAWS AND REGULATIONS. COMPANY MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONTENT OF ANY TREATMENT RESPONSE FROM ANY PROVIDER USING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT PROVIDE MEDICAL ADVICE, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWAREDIAGNOSIS, OR ANY PART THEREOFTREATMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS BUT STRICTLY PROVIDES A TECHNOLOGY PLATFORM AND INFRASTRUCTURE FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED PROVIDING HEALTH ASSESSMENTS FOR MEDICAL PROVIDERS THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESERVICE.

Warranty Disclaimer. NO WARRANTIES. LICENSOR, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR ANY OTHER GUARANTEES OR CONDITIONS WITH RESPECT TO USE OF THE SERVICES LICENSED PROGRAMS. LICENSEE’S USE OF ALL SUCH PROGRAMS ARE AT LICENSEE’S AND RELATED DOCUMENTATION ARE PROVIDED CUSTOMERS’ OWN RISK. LICENSOR PROVIDES THE LICENSED PROGRAMS ON AN “AS IS.” EXCEPT BASIS “WITH ALL FAULTS” AND “AS OTHERWISE PROVIDED IN THIS AGREEMENT AVAILABLE”. LICENSOR DOES NOT GUARANTEE THE ACCURACY OR AS REQUIRED BY TIMELINESS OF INFORMATION AVAILABLE FROM, OR PROCESSED BY, THE LICENSED PROGRAMS. TO THE EXTENT PERMITTED UNDER LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE LICENSOR EXCLUDES ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESIMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDFOR MERCHANTABILITY, EITHER EXPRESS OR IMPLIEDSATISFACTORY QUALITY, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, DATA ACCURACY, AND WE MAKE NON-INFRINGEMENT. NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE GUARANTEE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE SECURE, OR ERROR FREEERROR-FREE OPERATION IS MADE. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION, NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS, AND NOT TO USE THE SOFTWARE IN A PRODUCTION ENVIRONMENT.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PLATFORM, SUPPLIER DATA, SUPPLYSHIFT CONTENT, THIRD-PARTY CONTENT, ASSESSMENT TEMPLATES, AND ALL TECHNICAL SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAND SUPPLYSHIFT MAKES NO OTHER WARRANTIES, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, STATUTORY OR ANY PART THEREOFOTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS NON-INFRINGEMENT. SUPPLYSHIFT DOES NOT WARRANT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESPLATFORM WILL BE UNINTERRUPTED OR ERROR- FREE, NOR DOES SUPPLYSHIFT WARRANT THAT IT WILL REVIEW THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESASSESSMENTS, SUPPLIER DATA, THIRD-PARTY CONTENT, OR THAT BUYER DATA FOR ACCURACY. SUPPLYSHIFT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, PLATFORM FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE SERVICES WILL MEET INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES OUTSIDE OF SUPPLYSHIFT’S CONTROL. SUPPLYSHIFT DOES NOT MAKE ANY USER’S REQUIREMENTSWARRANTIES AND SHALL HAVE NO OBLIGATIONS WITH RESPECT TO THIRD-PARTY CONTENT OR SUPPLIER DATA. BUYER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREELIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Warranty Disclaimer. NINTENDO DISCLAIMS ANY AND ALL WARRANTIES OF THE SERVICES LICENSED PRODUCTS AS BETWEEN NINTENDO AND RELATED DOCUMENTATION ARE PROVIDED “LICENSEE AND AS BETWEEN NINTENDO AND ANY THIRD PARTY PURCHASERS FROM LICENSEE. LICENSEE PURCHASES AND ACCEPTS ALL LICENSED PRODUCTS FROM NINTENDO ON AN "AS IS.” EXCEPT AS OTHERWISE PROVIDED " AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WITH RESPECT TO THE LICENSED PRODUCTS, NINTENDO DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND SHALL IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY EVENT BE LIABLE FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL INCIDENTAL AND/OR DATA DOWNLOADED CONSEQUENTIAL DAMAGES OF LICENSEE, ITS RETAILERS OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL CUSTOMERS. LICENSEE SHALL BE SOLELY RESPONSIBLE FOR PROVIDING THIRD-PARTY PURCHASERS FROM LICENSEE WITH WARRANTY AND REPAIR/REPLACEMENT SERVICES FOR ANY DAMAGESDEFECTIVE LICENSED PRODUCTS. NOTWITHSTANDING THE CONDITIONS SET FORTH IN THIS PARAGRAPH, INCLUDING WITHOUT LIMITATION DAMAGE NINTENDO WILL USE ITS BEST EFFORTS TO YOUR COMPUTER SYSTEM RESOLVE ANY CATASTROPHIC DEFECT IN THE LICENSED PRODUCTS PURCHASED BY LICENSEE FROM NINTENDO. A "CATASTROPHIC DEFECT" IS DEFINED AS A MANUFACTURING DEFECT RATE OF FIVE PERCENT (5%) OR LOSS GREATER IN ANY SHIPMENT OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREELICENSED PRODUCTS TO LICENSEE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED EXPLICITLY STATED IN SUBSECTIONS 12.1 AND 12.3 OF THIS AGREEMENT OR AS REQUIRED AGREEMENT, THE APPLICABLE STATEMENT OF WORK, AND THE SERVICE LEVEL AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSBYNDER DISCLAIMS ALL WARRANTIES AND CONDITIONS, DELETIONWHETHER EXPRESS OR IMPLIED BY STATUTE, MISDELIVERY COMMON LAW, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESOTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGE BUT NOT LIMITED TO YOUR COMPUTER SYSTEM ANY WARRANTY OF PERFORMANCE OR LOSS RESULTS CUSTOMER MAY OBTAIN BY USING THE PRODUCT, AND ANY WARRANTY OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDSATISFACTORY QUALITY, EITHER EXPRESS OR IMPLIEDMERCHANTABILITY, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE PURPOSE IN CONNECTION WITH CUSTOMER’S PURCHASE OF THE SERVICES, PRODUCT UNDER THIS AGREEMENT. BYNDER DOES NOT WARRANT THAT THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, PRODUCT WILL MEET CUSTOMER REQUIREMENTS OR THAT THE SERVICES USE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE UNINTERRUPTED OR ERROR FREE. THE PRODUCT IS PROVIDED “AS IS”, AND THE ENTIRE RISK AS TO ITS SATISFACTORY USE IS WITH CUSTOMER. CUSTOMER ACKNOWLEDGES THAT IT HAS CARRIED OUT INDEPENDENT RESEARCH AND ANALYSIS AS TO THE APPROPRIATENESS OF THE PRODUCT AND PROFESSIONAL SERVICES FOR ITS REQUIREMENTS, HAS RELIED UPON ITS OWN INDEPENDENT RESEARCH TO MAKE AN INFORMED DECISION TO SELECT BYNDER TO DELIVER THE PRODUCT AND PROFESSIONAL SERVICES, AND HAS NOT RELIED UPON ANY WRITTEN OR ORAL ADVICE FROM BYNDER.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES DGAssistant SOFTWARE SERVICE IS AT YOUR SOLE RISK. THE DGAssistant SOFTWARE SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK AS TO SATISFACTORY QUALITY, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE PERFORMANCE, ACCURACY, AVAILABILITY OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION APPLICATIONS AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS CONTENT FROM THE DOWNLOAD DGAssistant SOFTWARE SERVICE. DGAssistant MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE OBTAINING OF SUCH MATERIAL AND/DGAssistant SOFTWARE SERVICE OR DATASUPPORT SERVICES (IF ANY). WE DO NOT MAKE YOU UNDERSTAND THAT DGAssistant USES AFFILIATES, THIRD- PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, AND RELATED TECHNOLOGY REQUIRED TO RUN THE DGAssistant SOFTWARE SERVICE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, DGAssistant DISCLAIMS ANY WARRANTIES OF ANY KINDAND ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR EXPRESS, STATUTORY, AND IMPLIED, CONCERNING THE HARDWAREINCLUDING, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY NON-INFRINGEMENT, AVAILABILITY, ERROR-FREE OR REPRESENTATION REGARDING UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE RESULTS EXTENT THAT DGAssistant MAY BE OBTAINED FROM THE USE NOT AS A MATTER OF THE SERVICESAPPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE ACCURACY OR RELIABILITY SCOPE AND DURATION OF ANY INFORMATION OBTAINED THROUGH SUCH WARRANTY WILL BE THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEMINIMUM PERMITTED UNDER APPLICABLE LAW.

Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTION 11(a) ABOVE, THE SERVICES AND RELATED DOCUMENTATION ARE SERVICE (INCLUDING THE SIMILARITY REPORTS) IS PROVIDED “ON AN "AS IS.” EXCEPT " AND "AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSAVAILABLE" BASIS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY TURNITIN SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOFSTATUTORY, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENT AND WE MAKE TITLE. NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR IS MADE THAT THE SERVICES SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR ERROR-FREE. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, TURNITIN’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY CALIFORNIA LAW. THE SERVICE IS ACCESSED AND USED OVER THE INTERNET. INSTITUTION ACKNOWLEDGES AND AGREES THAT TURNITIN DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE INSTITUTION’S DATA, COMPUTERS, OR NETWORKS. TURNITIN SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES.

Warranty Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES INCLUDED IN THIS SECTION 8, THE PLATFORM, THE REPORTS, AS WELL AS ANY OTHER GOODS AND SERVICES AND RELATED DOCUMENTATION PROVIDED OR MADE AVAILABLE BY OR ON BEHALF OF IRONSCALES HEREUNDER ARE PROVIDED “ON AN "AS IS.” EXCEPT " AND "AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAVAILABLE" BASIS, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSAND IRONSCALES HEREBY DISCLAIMS ALL OTHER WARRANTIES, DELETIONWHETHER EXPRESS, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREOR STATUTORY, THE SOFTWAREINCLUDING, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUALITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IRONSCALES SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WE MAKE NO WARRANTY WARRANTIES: (A) THAT THE PLATFORM WILL MEET CUSTOMER’S REQUIREMENTS OR REPRESENTATION FULFILL ANY OF CUSTOMER’S NEEDS; (B) REGARDING THE RESULTS THAT MAY OPERATION OF ANY CELLULAR NETWORKS, THE PASSING OR TRANSMISSION OF DATA VIA ANY NETWORKS OR THE CLOUD, OR ANY OTHER CELLULAR OR DATA CONNECTIVITY PROBLEMS, AND IRONSCALES WILL NOT BE OBTAINED FROM THE LIABLE OR OBLIGATED IN RESPECT OF DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE SERVICESINTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO HOSTING PROVIDERS OR PUBLIC NETWORKS. TO THE EXTENT IRONSCALES MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE ACCURACY OR RELIABILITY SCOPE AND DURATION OF ANY INFORMATION OBTAINED THROUGH SUCH WARRANTY SHALL BE THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEMINIMUM PERMITTED UNDER SUCH LAW.

Warranty Disclaimer. For Purchases from Alaskan Copper & Brass Company: SELLER IS A WHOLESALER OF GOODS ONLY, AND AS SUCH ONLY WARRANTS THAT THE SERVICES GOODS WILL CONFORM TO THE EXPRESS SPECIFICATIONS AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT DIMENSIONAL DESCRIPTION STATED OR AS REQUIRED BY LAWREFERENCED ON THE APPLICABLE QUOTATION, WE ASSUME ACKNOWLEDGMENT OR INVOICE. SELLER MAKES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDIMPLIED (INCLUDING NO WARRANTY OF MERCHANTABILITY, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, USAGE OR TRADE), TO ANY PERSON OR ENTITY WITH REGARD TO THE GOODS COVERED HEREBY AND WE MAKE FORBIDS PURCHASER TO REPRESENT OTHERWISE TO ANYONE WITH WHICH IT DEALS. SELLER HEREBY ASSIGNS TO PURCHASER THE WARRANTIES, IF ANY, COVERING THE GOODS WHICH SELLER RECEIVES FROM THIRD PARTIES, BUT SELLER SHALL HAVE NO DUTY TO ENFORCE SUCH WARRANTIES. For purchases from Alaskan Copper Works: SELLER WARRANTS TO PURCHASER, BUT NOT TO ANYONE ELSE, THAT THE GOODS WILL CONFORM TO THE EXPRESS SPECIFICATIONS AND DIMENSIONAL DESCRIPTION SHOWN ON THE APPLICABLE QUOTATION, ACKNOWLEDGMENT OR INVOICE. SELLER MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, (INCLUDING NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USAGE OR REPRESENTATION REGARDING TRADE), TO ANY PERSON OR ENTITY WITH REGARD TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY GOODS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREECOVERED HEREBY AND FORBIDS PURCHASER TO REPRESENT OTHERWISE TO ANYONE WITH WHICH IT DEALS.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE EXTENDS ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING TO THE HARDWAREOTHER PARTY WITH RESPECT TO ANY TECHNOLOGY, THE SOFTWARELICENSED PRODUCT, GOODS, SERVICES, RIGHTS OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY OTHER SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE NON-INFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE SERVICESFOREGOING. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, MANUFACTURE OR COMMERCIALIZATION OF THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, LICENSED PRODUCTS PURSUANT TO THIS AGREEMENT WILL BE SUCCESSFUL OR THAT ANY PARTICULAR SALES LEVEL WITH RESPECT TO THE SERVICES LICENSED PRODUCTS WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEACHIEVED. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY WITH RESPECT TO THE HAP DATABASE, HAP MARKERS, DECOGEN INFORMATICS SYSTEM, GENETIC TESTS, PATENT RIGHTS, GOODS, SERVICES OR OTHER SUBJECT MATTER OF THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY HEREBY DISCLAIMS WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE FOREGOING. IN ADDITION, SCIONA ACKNOWLEDGES THAT THE HAP DATABASE AND WE MAKE DECOGEN INFORMATICS SYSTEM MAY CONTAIN INFORMATION THE ACQUISITION OR USE OF WHICH IS COVERED BY ONE OR MORE VALID PATENTS OF THIRD PARTIES. GENAISSANCE MAKES NO WARRANTY REPRESENTATION OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE WARRANTIES WITH RESPECT TO SCIONA’S USE OF THE SERVICES, INFORMATION TO BE PROVIDED TO IT HEREUNDER. GENAISSANCE MAKES NO WARRANTY THAT THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, HAP DATABASE DOES NOT CONTAIN ERRORS OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEHAP DATABASE CONTAINS ALL HAP MARKERS THAT ARE ACTUALLY PRESENT BUT NOT DETECTED IN THE INDEX REPOSITORY.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED EXPRESSLY SET FORTH IN THIS AGREEMENT OR AS REQUIRED BY LAWAGREEMENT, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSEACH OF NOVATION, DELETIONVHA, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND UHC AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISKHPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESINCLUDING, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER "AS IS." SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND WE MAKE IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE ACCURACY FUNCTIONALITY OF THE GHX EXCHANGE SOFTWARE AND THE CLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, SOFTWARE OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEPROVIDED BY THIRD PARTIES.

Warranty Disclaimer. LICENSEE IS SOLELY RESPONSIBLE FOR THE SERVICES ACCURACY AND RELATED DOCUMENTATION ARE PROVIDED “ADEQUACY OF THE SOFTWARE FOR LICENSEE’S INTENDED USE. THE SOFTWARE IS BEING DELIVERED TO LICENSEE "AS IS.” ". QSR AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY USING THE SOFTWARE. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR AS REQUIRED TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW, WE ASSUME QSR AND ITS SUPPLIERS MAKE NO RESPONSIBILITY FOR THE TIMELINESSWARRANTIES, DELETIONCONDITIONS, MISDELIVERY REPRESENTATIONS OR FAILURE TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESMATTER, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM NONINFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, INFORMATION OR LOSS CONTENT ACCURACY, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, LACK OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDVIRUSES, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, AND WE MAKE THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES. FURTHER, QSR AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE TO LICENSEE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QSR, ITS DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR REPRESENTATION REGARDING IN ANY WAY INCREASE THE RESULTS THAT MAY BE OBTAINED SCOPE OF ANY WARRANTY PROVIDED HEREIN OR REQUIRED UNDER LAW. LICENSEE WILL INDEMNIFY AND HOLD HARMLESS QSR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS AND COUNSEL FROM AND AGAINST ALL LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) RESULTING FROM OR ARISING OUT OF ANY THIRD PARTY CLAIM TO THE USE EXTENT BASED UPON THE INACCURACY OF INFORMATION OR CONTENT CONTAINED IN THE SOFTWARE OR THE INADEQUACY OR FAILURE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESOFTWARE.

Warranty Disclaimer. EXCEPT FOR THE SERVICES EXPRESS WARRANTY SET FORTH IN SECTION 10.1, THE SOFTWARE, DOCUMENTATION, DISKETTES, CD-ROM, AND RELATED DOCUMENTATION OTHER MEDIA ARE PROVIDED ON AN “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT BASIS. MKS SPECIFICALLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES OR AS REQUIRED BY LAWCONDITIONS, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREINCLUDING BUT NOT LIMITED TO CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE SOFTWAREMERCHANTABILITY, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE TITLE, NON-INFRINGEMENT OR ANY CONDITIONS OF QUALITY OR ANY WARRANTIES ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR FITNESS FOR ULTRAHAZARDOUS ACTIVITIES. MKS MAKES NO WARRANTY WHATSOEVER, EXPRESS OR REPRESENTATION REGARDING IMPLIED, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE SERVICES AND THIRD PARTY SOFTWARE. . THE ENTIRE RISK AS TO THE RESULTS THAT MAY BE AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IN PARTICULAR, MKS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER FOR ANY PORTIONS OF THE SOFTWARE WHICH HAVE BEEN MODIFIED BY YOU OR ON YOUR BEHALF WITHOUT MKS’ PRIOR WRITTEN CONSENT. YOU ARE RESPONSIBLE FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE USE OF SOFTWARE. MKS DOES NOT WARRANT THAT THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, ITS OPERATION SHALL BE UNINTERRUPTED, TIMELY, SECURE UNINTERRUPTED OR ERROR FREE, NOR THAT SOFTWARE ERRORS OR DEFECTS SHALL BE CORRECTED. YOU MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY; HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN THIS SECTION 11.1. MOREOVER, IN NO EVENT SHALL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT OR EMPLOYEE OF MKS IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS LIMITED WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN “AS IS,” “WHERE AS,” AND “AS AVAILABLE” BASIS, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH WITH ALL FAULTS TO THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDIMPLIED OR ARISING FROM STATUTE, CONCERNING COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NO WARRANTY IS MADE THAT (i) THE HARDWARESOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SOFTWARESOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, OR (iv) THE SOFTWARE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND OJ ELECTRONICS DISCLAIMS ANY PART THEREOFLIABILITY RELATING THERETO. X-SW-1031W IS FREE SOFTWARE LICENSED UNDER THE TERMS OF THE GNU GENERAL PUBLIC LICENSE VERSION 2 AS PUBLISHED BY THE FREE SOFTWARE FOUNDATION. X-SW103W IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, INCLUDING BUT WITHOUT LIMITATION, ANY WARRANTIES WARRANTY; WITHOUT EVEN THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SEE THE GNU GENERAL PUBLIC LICENSE FOR MORE DETAILS, <XXXX://XXX.XXX.XXX/ LICENSES/>. YOU MAY OBTAIN A COPY OF THE SOURCE CODE FOR X-SW-1031W UNDER THE TERMS OF THE GPL UPON WRITTEN REQUEST. Limitation of Liability. YOU ACKNOWLEDGE AND WE MAKE NO WARRANTY AGREE THAT OJ ELECTRONICS, ITS SUBSIDIARIES, AFFILIATES, AGENTS, AND/OR REPRESENTATION REGARDING THE RESULTS THAT MAY REPRESENTATIVES SHALL NOT IN ANY EVENT BE OBTAINED LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR SIMILAR DAMAGES ARISING FROM THE YOUR USE OF THE SERVICESSOFTWARE OR THE PRODUCT, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE OR PRODUCT, ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION OF THE SOFTWARE, AND/OR ANY OTHER FAILURE OR PERFORMANCE OF THE SOFTWARE, OR ANY MATERIALS, OPINIONS, OR RECOMMENDATIONS OF THIRD PARTIES ON THE SOFTWARE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON OJ ELECTRONICS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT IN NO EVENT SHALL OJ ELECTRONICS OR ANY OF ITS SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY LOSS, DAMAGE, COST OR INJURY ARISING OUT OF OR RELATING TO YOUR MISINTERPRETATION OR FAULTY INTERPRETATION OF ANY DATA GENERATED, CALCULATED, REPORTED OR DISPLAYED BY THE SOFTWARE OR PRODUCT. YOU HEREBY AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST OJ ELECTRONICS AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, AND/OR REPRESENTATIVES ARISING OUT OF YOUR USE OF THE SOFTWARE AND/OR PRODUCT OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES. TO THE EXTENT THAT YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW THE WAIVER OF ALL CLAIMS IN THE MANNER SET OUT ABOVE, IN NO EVENT SHALL OJ ELECTRONICS’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE SOFTWARE OR PRODUCT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO OJ ELECTRONICS FOR USE OF THE SOFTWARE. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THIS XXXX. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” Licensee acknowledges and agrees that although Black Duck uses commercially reasonable efforts to keep the CBT content current and exercises diligence to ensure the information and data in the CBT is accurate, Licensee’s and Authorized Users’ access and use of the CBT is at their sole risk. EXCEPT AS OTHERWISE PROVIDED EXPRESSLY SET FORTH IN THIS AGREEMENT OR AS REQUIRED BY LAWSECTION 9.1, WE ASSUME NO RESPONSIBILITY FOR Black Duck AND ITS AFFILIATES AND SUPPLIERS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) DISCLAIM ANY WARRANTY: (A) THAT THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU CBT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESUNINTERRUPTED, INCLUDING WITHOUT LIMITATION DAMAGE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) AS TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESCBT; (C) AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR RESPONSES FOUND ON THE CBT; (D) REGARDING ANY OF THE MERCHANDISE OR SERVICES OFFERED, PROVIDED OR OTHERWISE LISTED AT BLACK DUCK'S WEBSITE; OR (E) WITH RESPECT TO ANY LINKS TO OTHER SITES OR SERVICES MADE AVAILABLE ON THE CBT. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1, THE ACCURACY OR RELIABILITY CBT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY INFORMATION OBTAINED THROUGH THE SERVICESKIND, EITHER EXPRESS OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTSIMPLIED, BE UNINTERRUPTEDINCLUDING, TIMELYBUT NOT LIMITED TO, SECURE WARRANTIES OF TITLE OR ERROR FREEIMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

Warranty Disclaimer. TO THE SERVICES MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND RELATED DOCUMENTATION ARE EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SOFTWARE (AND ACCOMPANYING DOCUMENTATION) IS PROVIDED ON AN “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING BASIS WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, CONCERNING YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE HARDWARESOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, COMPANY MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE, VIRUS FREE, OR ANY PART THEREOFFREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL SATISFY YOUR SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND WE MAKE LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE AND ASSOCIATED DOCUMENTATION. THERE IS NO WARRANTY OR REPRESENTATION REGARDING CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE RESULTS THAT MAY BE OBTAINED FROM SOFTWARE. THE USE ENTIRE RISK OF THE SERVICESQUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, IF ANY, REMAINS SOLELY WITH YOU. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ABOVE LIMITATION MAY NOT APPLY TO YOU. THE SERVICES, OR THAT FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES PURECLOUD SERVICE, EQUIPMENT, AND RELATED DOCUMENTATION OTHER SERVICES, DELIVERABLES, PRODUCTS AND MATERIALS ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT ”. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESSTATUTORY, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIEDSATISFACTORY QUALITY, CONCERNING THE HARDWARETITLE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, COMPATIBILITY, SECURITY, QUIET ENJOYMENT, TIMELINESS, COMPLETENESS, OR ACCURACY. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY DO NOT WARRANT THAT ACCESS TO OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESPURECLOUD SERVICE OR OTHER SERVICES OR MATERIALS PROVIDED BY US WILL BE UNINTERRUPTED OR ERROR-FREE. IT IS YOUR RESPONSIBILITY TO SELECT THE SERVICE NECESSARY TO ACHIEVE YOUR INTENDED RESULTS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHERRIGHTS WHICH VARY BY JURISDICTION. IF THE SERVICESIMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXLCUDED IN THEIR ENTIRETY, OR YOU AGREE THAT THEY WILL BE LIMITED TO THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEGREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED EXPRESSLY SET FORTH IN THIS AGREEMENT AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREWITH RESPECT TO ANY ITEMS OR SERVICES PROVIDED HEREUNDER, THE SOFTWAREINCLUDING, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND WE MAKE NO WARRANTY EACH PARTY HEREBY DISCLAIMS THE SAME. NECS DOES NOT REPRESENT OR REPRESENTATION REGARDING THE RESULTS WARRANT THAT MAY ANY SERVICES OR NECS PROPERTY WILL BE OBTAINED FROM THE USE FREE OF THE SERVICESERRORS, THE ACCURACY DEFECTS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESINACCURACIES, OR THAT THEY WILL BE ACCESSIBLE WITHOUT INTERRUPTION. NECS DOES NOT WARRANT OR GUARANTEE THAT ANY TECHNICAL ASSISTANCE WILL RESULT IN A RESOLUTION OF THE ISSUES FOR WHICH THE ASSISTANCE WAS PROVIDED. NECS DOES NOT WARRANT OR GUARANTEE THAT THE APPLICATION SERVICE WILL FUNCTION ON ALL COMPUTERS. LIKEWISE, NECS DOES NOT GUARANTEE THAT ANY WEB FORM PROVIDED AS PART OF THE APPLICATION SERVICE WILL FUNCTION ON ALL BROWSERS OR OPERATING SYSTEMS. FOR THE AVOIDANCE OF DOUBT, NOTWITHSTANDING SECTION 7.2, ANY SERVICES WILL MEET PROVIDED BY NECS IN BETA FORMAT ARE PROVIDED AS IS, WITHOUT ANY USER’S REQUIREMENTSWARRANTIES EXPRESS OR IMPLIED, AND CUSTOMER UNDERSTANDS THAT ALL FUNCTIONS OF THE APPLICATION SERVICE MAY NOT BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEAVAILABLE AT THE TIME OF THE BETA TEST.

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTIES STATED ABOVE AND IN CASES OF SECTION 6.1A, THE SOLUTIONS AND ALL RELATED SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS AND CUSTOMER’S USE OF THEM IS AT ITS OWN RISK. AVEPOINT DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, AND CUSTOMER RELEASES AND WAIVES, ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWFROM A COURSE OF DEALING, WE ASSUME NO RESPONSIBILITY COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR THE TIMELINESS, DELETION, MISDELIVERY A PARTICULAR PURPOSE OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSNONINFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE AVEPOINT DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SERVICES IS AT YOUR SOLE SOLUTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES AVEPOINT WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN CUSTOMER DATA WITHOUT LOSS. AVEPOINT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AVEPOINT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVEPOINT DOES NOT WARRANT THAT THE SOLUTIONS WILL MEET CUSTOMER’S REQUIREMENTS, WILL OPERATE IN ANY COMBINATION THAT MAY BE SELECTED FOR USE BY CUSTOMER OR IN COMBINATION WITH OTHER THIRD-PARTY SOFTWARE BEYOND THE THIRD-PARTY SOFTWARE EXPRESSLY APPROVED AS COMPLIANT IN THE DOCUMENTATION. EXCEPT AS TO COMPATIBILITY OF THE LICENSED SOFTWARE AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, AVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT OR SYSTEM SOFTWARE OR ITS CAPACITY. FURTHERMORE, AVEPOINT DOES NOT WARRANT THAT ANY SOFTWARE ERRORS, DEFECTS, OR INEFFICIENCIES WILL BE CORRECTED, NOR DOES AVEPOINT ASSUME ANY LIABILITY FOR FAILURE TO CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. AVEPOINT MAKES NO WARRANTY, AND CUSTOMER ASSUMES THE ENTIRE RISK, THAT AS TO THE INTEGRITY OF ANY MATERIAL AND/DATA AND THE RESULTS, CAPABILITIES, SUITABILITY, USE, NON-USE OR DATA DOWNLOADED PERFORMANCE OF THE SOLUTIONS. IN NO EVENT SHALL AVEPOINT BE LIABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR OTHERWISE OBTAINED THROUGH RELATED TO THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL SOLUTIONS. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESHORTEST PERIOD PERMITTED BY LAW.

Warranty Disclaimer. NINTENDO DISCLAIMS ANY AND ALL WARRANTIES OF THE SERVICES LICENSED PRODUCTS AS BETWEEN NINTENDO AND RELATED DOCUMENTATION ARE PROVIDED “LICENSEE AND AS BETWEEN NINTENDO AND ANY THIRD PARTY PURCHASERS FROM LICENSEE. LICENSEE PURCHASES AND ACCEPTS ALL LICENSED PRODUCTS FROM NINTENDO ON AN "AS IS.” EXCEPT AS OTHERWISE PROVIDED " AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WITH RESPECT TO THE LICENSED PRODUCTS, NINTENDO DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND SHALL IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY EVENT BE LIABLE FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL INCIDENTAL AND/OR DATA DOWNLOADED CONSEQUENTIAL DAMAGES OF LICENSEE, ITS RETAILERS OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL CUSTOMERS. LICENSEE SHALL BE SOLELY RESPONSIBLE FOR PROVIDING WARRANTY AND REPAIR/REPLACEMENT SERVICES FOR ANY DAMAGESDEFECTIVE LICENSED PRODUCTS. NOTWITHSTANDING THE CONDITIONS SET FORTH IN THIS PARAGRAPH, INCLUDING WITHOUT LIMITATION DAMAGE NINTENDO WILL USE ITS BEST EFFORTS TO YOUR COMPUTER SYSTEM RESOLVE ANY CATASTROPHIC DEFECT IN THE LICENSED PRODUCTS PURCHASED BY LICENSEE FROM NINTENDO. A "CATASTROPHIC DEFECT" IS DEFINED AS A MANUFACTURING DEFECT RATE OF FIVE PERCENT (5%) OR LOSS GREATER IN ANY SHIPMENT OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREELICENSED PRODUCTS TO LICENSEE.

Warranty Disclaimer. THE LIMITED WARRANTY SET FORTH IN SECTION 6 IS THE ONLY WARRANTY PROVIDED BY RETROSPECT AND DOES NOT APPLY IF YOU ARE PURCHASING A TRIAL LICENSE. EXCEPT FOR THE FOREGOING, THE SOFTWARE AND ANY SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME AND RETROSPECT MAKES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KINDKIND WITH REGARD TO THE SOFTWARE OR ANY SERVICES PROVIDED BY RETROSPECT HEREUNDER. RETROSPECT EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. FURTHER, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RETROSPECT DOES NOT WARRANT RESULTS THAT MAY BE OBTAINED FROM THE OF USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES SOFTWARE IS BUG FREE OR THAT ITS USE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED. RETROSPECT AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, TIMELY, SECURE OR ERROR FREESO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 7.1, THE PAXATA PRODUCT AND ALL RELATED SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW”. NEITHER PAXATA NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, STATUTORY OR ANY PART THEREOFOTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY PURPOSE OR REPRESENTATION REGARDING THE RESULTS NONINFRINGEMENT. PAXATA DOES NOT WARRANT THAT MAY BE OBTAINED FROM THE CUSTOMER’S USE OF THE SERVICESPAXATA PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES PAXATA WARRANT THAT IT WILL REVIEW THE CUSTOMER DATA FOR ACCURACY OR RELIABILITY THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS. PAXATA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF PAXATA. PAXATA FURTHER ASSUMES NO LIABILITY FOR ANY INFORMATION OBTAINED THROUGH CUSTOMER DATA THAT IS NOT PROPERLY TRANSMITTED, RECEIVED OR STORED BY ANY PARTY OTHER THAN PAXATA. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE SERVICESDURATION OF STATUTORILY REQUIRED WARRANTIES, OR THAT IF ANY, SHALL BE LIMITED TO THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESHORTEST PERIOD PERMITTED BY LAW.

Warranty Disclaimer. THE LIMITED WARRANTY SET FORTH IN SECTION 6 IS THE ONLY WARRANTY PROVIDED BY SONIC AND DOES NOT APPLY IF YOU ARE PURCHASING A TRIAL LICENSE. EXCEPT FOR THE FOREGOING, THE SOFTWARE AND ANY SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME AND SONIC MAKES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KINDKIND WITH REGARD TO THE SOFTWARE OR ANY SERVICES PROVIDED BY SONIC HEREUNDER. SONIC EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. FURTHER, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE SONIC DOES NOT WARRANT RESULTS THAT MAY BE OBTAINED FROM THE OF USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES SOFTWARE IS BUG FREE OR THAT ITS USE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED. SONIC AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, TIMELY, SECURE OR ERROR FREESO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Warranty Disclaimer. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN SECTIONS 7(a)-7(c), OF THIS AGREEMENT, THE SOFTWARE, (INCLUDING INITIAL LICENSE CONFIGURATION), PROFESSIONAL SERVICES, TRAINING SERVICES, SERVICE DELIVERABLES, MAINTENANCE SERVICES, AND HOSTING SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AND OPIE EXPRESSLY DISCLAIMS ANY EXPRESS, IMPLIED OR AS REQUIRED STATUTORY WARRANTIES AND CONDITIONS (INCLUDING THOSE BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESOUR SUPPLIERS), INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY TITLE, NON- INFRINGEMENT OR REPRESENTATION REGARDING QUIET ENJOYMENT, AS WELL AS ANY WARRANTIES THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE (INCLUDING INITIAL LICENSE CONFIGURATION), PROFESSIONAL SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE TRAINING SERVICES, OR THAT THE SERVICE DELIVERABLES, MAINTENANCE SERVICES, AND HOSTING SERVICES WILL MEET BE FREE OF INTERRUPTIONS OR ERRORS. OPIE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OPIE’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY USER’S REQUIREMENTSOTHER METHOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEAND CUSTOMER MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” Except as set expressly provided in Solodev's Agreement, Solodev is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications, or third-party supplier failure). EXCEPT AS OTHERWISE PROVIDED EXPRESSLY SET FORTH IN THIS AGREEMENT OR AS REQUIRED BY LAWAGREEMENT, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE NEITHER PARTY MAKES ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, CONCERNING THE HARDWARESTATUTORY OR OTHERWISE, THE SOFTWAREAND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, AND CONDITIONS OF ANY KIND OR ANY PART THEREOFNATURE WHATSOEVER, INCLUDING INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, AND OTHER SERVICES MADE AVAILABLE BY SOLODEV OR ANY THIRD PARTY VENDORS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS AND NEITHER SOLODEV, ITS PARENT COMPANY, NOR THEIR AFFILIATES AND SUBSIDIARIES MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR RELIABILITY SERVICES. FREE SERVICES AND BETA SERVICES ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR THAT THE SERVICES WILL MEET DAMAGES CAUSED BY ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREETHIRD-PARTY PROVIDERS. Defects should be promptly reported via submitting electronic tickets to xxxx@xxxxxxx.xxx.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWEXPRESSLY SET FORTH HEREIN, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND MATERIA EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE DISCLAIMS ANY WARRANTIES OF ANY KINDAND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING STATUTORY OR OTHERWISE, WITH RESPECT TO THE HARDWAREMATERIA TECHNOLOGY OR THE MATERIA CONFIDENTIAL INFORMATION AND OTHER MATTERS CONTEMPLATED BY THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, VALIDITY OF TECHNOLOGY, PATENTED OR UNPATENTED, AND WE MAKE NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MATERIA DOES NOT WARRANT OR GUARANTEE THE OUTCOME OF ANY RESEARCH ACTIVITY OF RENEGADE BASED ON THE MATERIA TECHNOLOGY, AND MATERIA SHALL HAVE NO WARRANTY OBLIGATION TO PROVIDE ANY SUPPORT OR REPRESENTATION REGARDING TECHNICAL ASSISTANCE UNDER THIS AGREEMENT EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN. ALL MATERIA TECHNOLOGY IS LICENSED HEREUNDER ON AN “AS IS” BASIS AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE RESULTS THAT MAY BE OBTAINED FULLEST EXTENT PERMITTED BY LAW, MATERIA WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE RELATING TO OR RESULTING FROM THE USE OF THE SERVICESMANUFACTURE, THE ACCURACY USE, SALE OR RELIABILITY IMPORTATION OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, PRODUCTS BY OR THAT THE SERVICES WILL MEET ON BEHALF OF RENEGADE OR ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESUBLICENSEE.

Warranty Disclaimer. THE SERVICES PLATFORM, BUYER DATA, AND RELATED DOCUMENTATION ASSESSMENTS ARE PROVIDED TO SUPPLIER AND ITS USERS SOLELY AND EXCLUSIVE ON AN “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND. SUPPLIER ASSUMES ALL RISKS AND LIABILITIES PERTAINING TO ITS USE OF THE PLATFORM AND ITS COMMERCIAL OR BUSINESS RELATIONSHIP WITH THE BUYER. SUPPLYSHIFT MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, STATUTORY OR ANY PART THEREOFOTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS NON-INFRINGEMENT. SUPPLYSHIFT DOES NOT WARRANT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY PLATFORM WILL BE UNINTERRUPTED OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTEDERROR- FREE, TIMELY, SECURE OR ERROR FREESECURE. SUPPLYSHIFT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, PLATFORM FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES OUTSIDE OF SUPPLYSHIFT’S CONTROL. SUPPLYSHIFT DOES NOT MAKE ANY WARRANTIES AND SHALL HAVE NO OBLIGATIONS WITH RESPECT TO BUYER DATA OR A BUYER’S DECISIONS BASED ON COMPLETED ASSESSMENTS. SUPPLIER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. SUPPLYSHIFT IS NOT A PARTY TO, A THIRD-PARTY BENEFICIARY OF, OR A GUARANTOR OF PERFORMANCE WITH RESPECT TO ANY BUYER OR SUPPLIER OR ANY TRANSACTION BETWEEN A BUYER AND ANY SUPPLIER.

Warranty Disclaimer. EXCEPT FOR THE SERVICES AND RELATED DOCUMENTATION WARRANTY OF TITLE AS SET FORTH BELOW, THE ITEMS ARE PROVIDED “ON AN "AS IS." AND “WHERE IS” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT BASIS, WITH ALL FAULTS, LATENT AND PATENT. . ALL WARRANTIES, EXPRESS OR AS REQUIRED IMPLIED, ARE DISCLAIMED BY LAWTEXAS INSTRUMENTS AND DO NOT APPLY, WE ASSUME NO RESPONSIBILITY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSA PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE TEXAS INSTRUMENTS’ TRANSFER OF THE SERVICES IS AT YOUR SOLE RISKITEM(S) DOES NOT CONVEY TO RECIPIENT ANY LICENSE OR SUBLICENSE UNDER ANY PATENT, THAT ANY MATERIAL AND/COPYRIGHT, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDOTHER INTELLECTUAL PROPERTY RIGHT, EITHER EXPRESS OR IMPLIED, CONCERNING . RECIPIENT HEREBY RELEASES TI FROM ANY LIABILITY WITH RESPECT TO ANY AND ALL MATTERS RELATING TO THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOFITEMS PURCHASED HEREUNDER, INCLUDING WITHOUT LIMITATION: (i) THE QUALITY, NATURE, ADEQUACY, AND PHYSICAL CONDITION OF THE ITEMS, AND (ii) THE MERCHANTABILITY, OR FITNESS, SUITABILITY, VALUE, OR ADEQUACY OF THE ITEMS FOR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TI ADDITIONALLY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ITEMS TO BE PROVIDED HEREUNDER HAS ADEQUATE CAPACITY OR FUNCTIONALITY TO SERVE RECIPIENT’S INTENDED MANUFACTURING PROCESSES OR BUSINESS PURPOSES OR IS ADEQUATE TO PROTECT THE ENVIRONMENT OR SAFETY OF PERSONS OR PROPERTY, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS RECIPIENT HEREBY ACKNOWLEDGES THAT MAY BE OBTAINED FROM THE USE IT HAS UNDERTAKEN ITS OWN ASSESSMENT AND EVALUATION OF THE SERVICESITEMS FOR SUCH PURPOSES AND IS RELYING SOLELY ON ITS OWN ASSESSMENT AND EVALUATION AND NOT ON ANY OPINIONS GIVEN BY TI OR TI'S EMPLOYEES, THE ACCURACY AFFILIATES, REPRESENTATIVES OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESAGENTS. Texas Instruments represents and warrants that it has good and marketable title to the Items. Upon Recipient’s payment of the total purchase price as specified in Section 7 below and successful completion of all of Recipient’s obligations under this Agreement, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREETexas Instruments will deliver to Recipient an executed xxxx of sale for all of the Items in a form reasonably acceptable to Recipient.

Warranty Disclaimer. THE EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 13, ALL CLOUD PRODUCTS, SUPPORT AND ADDITIONAL SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.,” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, AND WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION ALL WARRANTIES AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, CONCERNING THE HARDWARETITLE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THESE TERMS, WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS DO NOT WARRANT THAT MAY BE OBTAINED FROM THE YOUR USE OF THE SERVICESCLOUD PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THE THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR RELIABILITY THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE CLOUD PRODUCTS NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY INFORMATION OBTAINED THROUGH THE SERVICESOF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE SERVICES INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREELIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Warranty Disclaimer. THE SERVICES ATCC warrants that cells and microorganisms, excluding inactivated organisms, shall be viable upon shipment from ATCC for a period of thirty (30) days (”WARRANTY PERIOD”). ATCC warrants that MATERIAL shall meet the specifications on the certificate of analysis. The exclusive remedy for breach of this warranty is, at ATCC’s option, replacement of MATERIAL. The exclusive remedy applies under the condition that RECIPIENT handles and stores MATERIAL as described in any accompanying documentation. To obtain the exclusive remedy, RECIPIENT must report the lack of viability to the PROGRAM'S Technical Service Department within the WARRANTY PERIOD. Any expiration date specified on shipment documentation for MATERIAL states the expected remaining useful life, but does not constitute a warranty or extend any applicable warranty period. EXCEPT AS EXPRESSLY PROVIDED ABOVE, MATERIAL AND RELATED DOCUMENTATION ANY TECHNICAL INFORMATION AND ASSISTANCE PROVIDED BY ATCC ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW”, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREINCLUDING, THE SOFTWARE, OR BUT NOT LIMITED TO ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TYPICALITY, SAFETY, ACCURACY AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING NON- INFRINGEMENT. SAFETY: COMPLIANCE WITH LAWS EXCEPT TO THE RESULTS THAT MAY BE OBTAINED FROM THE EXTENT PROHIBITED BY LAW, RECIPIENT ASSUMES ALL RISKS AND RESPONSIBILITY IN CONNECTION WITH RECIPIENT’S RECEIPT, HANDLING, STORAGE, DISPOSAL, INTERNAL TRANSFER AND USE OF MATERIAL AND MODIFICATIONS INCLUDING WITHOUT LIMITATION TAKING ALL APPROPRIATE SAFETY AND HANDLING PRECAUTIONS TO MINIMIZE HEALTH OR ENVIRONMENTAL RISK, AS WELL AS FOR ANY ADVERSE EVENTS RESULTING FROM RECIPIENT’S VIOLATION OF THE SERVICESSECURITY REQUIREMENTS OR UNAUTHORIZED DISSEMINATION OF MATERIAL AND MODIFICATIONS. RECIPIENT IS SOLELY RESPONSIBLE FOR ITS COMPLIANCE WITH ALL APPLICABLE FEDERAL STAUTES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESORDINANCES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTSREGULATIONS AND GUIDELINES. RECIPIENT hereby represents that RECIPIENT shall (1) ensure that only qualified personnel work with MATERIAL and MODIFICATIONS in proper facilities; (2) provide sufficient internal security to assure access to MATERIAL and MODIFICATIONS only by those individuals authorized to work with them; (3) not transfer, BE UNINTERRUPTEDexport, TIMELYresell, SECURE OR ERROR FREEor otherwise dispose of any MATERIAL or MODIFICATIONS to any third party under any circumstances without express written authorization from ATCC and the appropriate government agencies or as explicitly provided for within this Agreement; (4) not permit access to MATERIAL or MODIFICATIONS by foreign entities or individuals when to do so would be in violation of export control laws; (5) maintain adequate insurance coverage for liability to any party that might be injured by release of MATERIAL or MODIFICATIONS; (6) comply with all applicable federal, state, or local laws and regulations pertaining to MATERIAL or MODIFICATIONS or their handling, storage, use, transportation; and (7) unless requested otherwise by ATCC, destroy all MATERIAL according to accepted practices for destruction of biohazardous material upon completion of work or expiration or termination of this Agreement, whichever occurs first.

Warranty Disclaimer. (a) THE SERVICES AND CREDIT UNION CANNOT FORESEE OR ANTICIPATE ALL TECHNICAL OR OTHER DIFFICULTIES RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED TO THE APPLICATION OR SERVICES. THESE DIFFICULTIES MAY RESULT IN THIS AGREEMENT LOSS OF DATA, PERSONALIZATION SETTINGS OR AS REQUIRED BY LAW, OTHER APPLICATION INTERRUPTIONS. WE ASSUME NO RESPONSIBILITY FOR ANY DISCLOSURE OF ACCOUNT INFORMATION TO NON- PARTIES, THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT PERSONALIZATION SETTINGS IN CONNECTION WITH YOUR USE OF THE SERVICES IS AT APPLICATION. (b) WE ASSUME NO RESPONSIBILITY FOR THE OPERATION, SECURITY, FUNCTIONALITY OR AVAILABILITY OF ANY COMPUTING DEVICE OR NETWORK, WHICH YOU UTILIZE TO ACCESS THE APPLICATION OR USE SERVICE. (c) YOU AGREE TO EXERCISE CAUTION WHEN UTILIZING THE APPLICATION ON YOUR SOLE RISK, THAT ANY MATERIAL AND/COMPUTING DEVICE AND TO USE GOOD JUDGMENT AND DISCRETION WHEN OBTAINING OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TRANSMITTING INFORMATION. (d) THE SERVICES AND APPLICATION PROVIDED HEREUNDER IS DOWNLOADED PROVIDED "AS IS," WITH ALL WARRANTIES DISCLAIMED, INCLUDING, ALL EXPRESS OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESIMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. THERE IS NO WARRANTY REPRESENTATIONS OR REPRESENTATION REGARDING WARRANTIES THAT THE RESULTS THAT MAY BE OBTAINED FROM SOFTWARE IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR SERVICES AND LICENSED APPLICATION SHALL BE BORNE SOLELY BY YOU. (e) THERE IS NO WARRANTY THAT THE SERVICES AND APPLICATION WILL MEET ANY USER’S YOUR REQUIREMENTS, THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE SECURE, ERROR FREE, OR THAT ANY DEFECTS IN THE SERVICES AND APPLICATION WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE AND APPLICATION ARE AT YOUR SOLE RISK AND DISCRETION AND WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO FOLLOW PROPER BACKUP PROCEDURES TO PROTECT AGAINST LOSS OR ERROR FREERESULTING FROM USE OF THE SERVICES AND LICENSED APPLICATION. (f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. (g) SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWNEITHER PARTY MAKES ANY WARRANTY, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING BY OPERATION OF LAW, STATUTORY OR OTHERWISE. SCHOLASTIC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE HARDWAREWARRANTY OF MERCHANTABILITY, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, DATA ACCURACY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, SERVICES, SYSTEM CONTENT, DOCUMENTATION, AND WE ANY DELIVERABLES PROVIDED BY SCHOLASTIC HEREUNDER. SCHOLASTIC DOES NOT WARRANT OR MAKE NO WARRANTY OR REPRESENTATION ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM OF THE USE OF THE SERVICESSYSTEM CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CONTENT ACCESSED THROUGH HYPERTEXT LINKS INCLUDED WITHIN THE ACCURACY SYSTEM CONTENT. SCHOLASTIC EXPRESSLY DISCLAIMS ANY ENDORSEMENT OF, RESPONSIBILITY FOR, OR RELIABILITY RELATIONSHIP OF ANY INFORMATION OBTAINED KIND WITH ANY THIRD- PARTY SITES OR CONTENT ACCESSIBLE THROUGH SUCH HYPERTEXT LINKS. NO ADVICE BY SCHOLASTIC OR A SCHOLASTIC-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY HEREUNDER. OTHER THAN AS DESCRIBED IN THIS AGREEMENT, SCHOLASTIC DOES NOT WARRANT THAT THE SERVICES, OR THAT OPERATION OF THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELYVIRUS-FREE OR ERROR-FREE. FURTHER, SECURE OR ERROR FREESCHOLASTIC MAY USE THIRD PARTY SUPPLIERS AND PROVIDERS WHO MAY ASSIST IN THE PROVISION OF SERVICES TO CUSTOMER, AND SCHOLASTIC SHALL NOT BE HELD LIABLE FOR DAMAGES TO CUSTOMER RESULTING FROM ACTIONS OF SUCH THIRD PARTIES.

Warranty Disclaimer. NINTENDO DISCLAIMS ANY AND ALL WARRANTIES OF THE SERVICES ------------------- LICENSED PRODUCTS AS BETWEEN NINTENDO AND RELATED DOCUMENTATION ARE PROVIDED “LICENSEE AND AS BETWEEN NINTENDO AND ANY THIRD PARTY PURCHASERS FROM LICENSEE. LICENSEE PURCHASES AND ACCEPTS ALL LICENSED PRODUCTS FROM NINTENDO ON AN "AS IS.” EXCEPT AS OTHERWISE PROVIDED " AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WITH RESPECT TO THE LICENSED PRODUCTS, NINTENDO DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND SHALL IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY EVENT BE LIABLE FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL INCIDENTAL AND/OR DATA DOWNLOADED CONSEQUENTIAL DAMAGES OF LICENSEE, ITS RETAILERS OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL CUSTOMERS. LICENSEE SHALL BE SOLELY RESPONSIBLE FOR PROVIDING WARRANTY AND REPAIR/REPLACEMENT SERVICES FOR ANY DAMAGESDEFECTIVE LICENSED PRODUCTS. NOTWITHSTANDING THE CONDITIONS SET FORTH IN THIS PARAGRAPH, INCLUDING WITHOUT LIMITATION DAMAGE NINTENDO WILL USE ITS BEST EFFORTS TO YOUR COMPUTER SYSTEM RESOLVE ANY CATASTROPHIC DEFECT IN THE LICENSED PRODUCTS PURCHASED BY LICENSEE FROM NINTENDO. A "CATASTROPHIC DEFECT" IS DEFINED AS A MANUFACTURING DEFECT RATE OF FIVE PERCENT (5%) OR LOSS GREATER IN ANY SHIPMENT OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREELICENSED PRODUCTS TO LICENSEE.

Warranty Disclaimer. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE SERVICES MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT CUSTOMER’S SOLE RISK AND RELATED DOCUMENTATION ARE THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH CUSTOMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS.” EXCEPT AND “AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAVAILABLE”, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND WITH ALL FAULTS AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIEDAND DIGITAL CHECK AND ITS LICENSORS, CONCERNING SUPPLIERS, AND DISTRIBUTORS (COLLECTIVELY REFERRED TO AS “DIGITAL CHECK” FOR THE HARDWARE, PURPOSES OF THIS SECTION 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR ANY PART THEREOFSTATUTORY, INCLUDING WITHOUT LIMITATIONINCLUDING, ANY BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING NON-INFRINGEMENT. WITHOUT LIMITING THE RESULTS THAT MAY BE OBTAINED FROM THE USE GENERALITY OF THE SERVICESFOREGOING, DIGITAL CHECK DOES NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE ACCURACY SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ERROR-FREE, THAT DEFECTS IN THE SERVICESSOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE SERVICES SOFTWARE WILL MEET BE COMPATIBLE OR WORK WITH ANY USER’S REQUIREMENTSTHIRD-PARTY SOFTWARE OR APPLICATIONS OR THIRD-PARTY SERVICES. INSTALLATION OF THE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD-PARTY SOFTWARE OR APPLICATIONS OR THIRD-PARTY SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIGITAL CHECK OR A DIGITAL CHECK AUTHORIZED RESELLER OR REPRESENTATIVE WILL CREATE A WARRANTY. (b) HIGH-RISK USE DISCLAIMER. CUSTOMER FURTHER ACKNOWLEDGES THAT THE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, BE UNINTERRUPTEDOR ERRORS OR INACCURACIES IN, TIMELYTHE CONTENT, SECURE DATA OR ERROR FREEINFORMATION PROVIDED BY THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS THE COLLABORATION AGREEMENT, STOCK PURCHASE AGREEMENT OR AS REQUIRED BY LAWINVESTOR AGREEMENT, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY NEITHER PARTY MAKES ANY REPRESENTATION OR FAILURE TO STORE EXTENDS ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING TO THE HARDWAREOTHER PARTY WITH RESPECT TO ANY TECHNOLOGY, COLLABORATION PRODUCT, GOODS, SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY COLLABORATION AGREEMENT AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE NON-INFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE SERVICESFOREGOING. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, THE ACCURACY MANUFACTURE OR RELIABILITY COMMERCIALIZATION OF ANY INFORMATION OBTAINED THROUGH COLLABORATION PRODUCT PURSUANT TO THE SERVICES, COLLABORATION AGREEMENT SHALL BE SUCCESSFUL OR THAT ANY PARTICULAR SALES LEVEL WITH RESPECT TO ANY COLLABORATION PRODUCT SHALL BE ACHIEVED. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934. MASTER AGREEMENT

Warranty Disclaimer. PROSPECTIVE NON-OP PARTICIPANT ACKNOWLEDGES AND ACCEPTS THAT THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED CONFIDENTIAL INFORMATION IS FURNISHED ON AN “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR BASIS. THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY PARTIES AGREE THAT USE NEITHER GREEN CENTURY NOR ANY OF ITS AFFILIATES OR REPRESENTATIVES MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ACCURACY, QUALITY OR COMPLETENESS OF THE SERVICES CONFIDENTIAL INFORMATION, AND THAT ONLY SPECIFIC REPRESENTATIONS AND WARRANTIES MADE IN A DEFINITIVE AGREEMENT (WHEN AND IF THE SAME IS AT YOUR SOLE RISKFULLY EXECUTED AND DELIVERED) SHALL HAVE LEGAL EFFECT. WITHOUT LIMITING ANY OBLIGATION THAT GREEN CENTURY MAY EXPRESSLY UNDERTAKE IN A DEFINITIVE AGREEMENT IN RESPECT OF THE POSSIBLE TRANSACTION, THAT NEITHER GREEN CENTURY NOR ITS AFFILIATES OR REPRESENTATIVES SHALL BE LIABLE TO PROSPECTIVE NON-OP PARTICIPANT OR ANY MATERIAL AND/OR DATA DOWNLOADED OTHER PERSONS IN CONTRACT, TORT, SECURITIES LAWS OR OTHERWISE OBTAINED THROUGH AS A RESULT OF THE USE OF THE SERVICES IS DOWNLOADED CONFIDENTIAL INFORMATION, OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESERRORS THEREIN OR OMISSIONS THEREFROM, INCLUDING WITHOUT LIMITATION DAMAGE BY PROSPECTIVE NON-OP PARTICIPANT, EXCEPT TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THE EXTENT SUCH LIABILITY ARISES FROM THE DOWNLOAD BREACH OF CONTRACTUAL OBLIGATIONS, GROSS NEGLIGENCE OR THE OBTAINING WILLFUL MISCONDUCT OF SUCH MATERIAL GREEN CENTURY, ITS AFFILIATES OR REPRESENTATIVES. PROSPECTIVE NON-OP PARTICIPANT AGREES THAT NEITHER PROSPECTIVE NON-OP PARTICIPANT NOR ITS AFFILIATES AND/OR DATA. WE DO NOT REPRESENTATIVES SHALL RELY UPON THE CONFIDENTIAL INFORMATION WITHOUT SATISFYING ITSELF AS TO ITS ACCURACY AND COMPLETENESS AND THAT PROSPECTIVE NON-OP PARTICIPANT SHALL MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART INDEPENDENT VERIFICATION THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Warranty Disclaimer. TO THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED FULLEST EXTENT PERMITTED BY LAW, WE ASSUME NO RESPONSIBILITY ALL SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”. NEITHER MAESTROQA NOR ANY MAESTROQA PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR THE TIMELINESS, DELETION, MISDELIVERY A PARTICULAR PURPOSE OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSNONINFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE XXXXXXXXX DOES NOT WARRANT THAT SUBSCRIBER'S USE OF THE SERVICES IS AT YOUR SOLE RISKWILL BE SECURE, UNINTERRUPTED, FREE FROM VIRUS OR OTHER MALICIOUS CODE OR ERROR-FREE, NOR DOES MAESTROQA WARRANT THAT ANY MATERIAL AND/IT WILL REVIEW THE SUBSCRIBER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE SUBSCRIBER DATA DOWNLOADED WITHOUT LOSS OR OTHERWISE OBTAINED THROUGH THE CORRUPTION. MAESTROQA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE SERVICES IS DOWNLOADED INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF MAESTROQA. SUBSCRIBER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESHORTEST PERIOD PERMITTED BY LAW.

Warranty Disclaimer. 6.1. COMPANY AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT ACCESS TO THE PLATFORM, OR THAT THE CONTENT OR SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR UNINTERRUPTED OR ERROR FREE; NOR DO THEY OFFER ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE WARRANTY AS TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, CONTENT, OR SERVICES. COMPANY AND ITS SUPPLIERS AND LICENSORS CANNOT BE HELD RESPONSIBLE FOR ANY ACTIONS TAKEN BY THE CUSTOMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE PLATFORM, CONTENT, OR SERVICES ARE PROVIDED “AS IS” AND COMPANY AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON- INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR RELIABILITY ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS (WHETHER LATENT OR PATENT), AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE , OR TRADE PRACTICE. THE EXPRESS WARRANTIES MADE IN THIS SECTION ARE FOR THE BENEFIT OF THE CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, END USER OR THAT THE SERVICES WILL MEET ANY USEROTHER THIRD PARTY. NO WARRANTIES OF ANY KIND WHATSOEVER ARE MADE FOR CUSTOMER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEBENEFIT FOR ANY PILOT USE.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” To the extent applicable, Transcon warrants that the Goods shall be free from material defects in workmanship and materials, so long as such Goods are used in conformance with their intended use and in strict compliance with the instructions of Transcon, for a period of one (1) year, which period shall commence upon transfer of title to said Goods to the Customer. Notwithstanding the foregoing, in the event Customer fails to timely pay for such Goods in accordance with the Terms and Conditions set forth herein, any such warranty shall be void ab initio. EXCEPT AS OTHERWISE PROVIDED SPECIFICALLY SET FORTH IN THIS THE AGREEMENT OR AS REQUIRED BY LAWA SEPARATE WRITING, WE ASSUME TRANSCON EXPRESSLY DISCLAIMS ALL AND MAKES NO RESPONSIBILITY FOR THE TIMELINESSOTHER WARRANTIES WHETHER EXPRESSED, DELETIONIMPLIED, MISDELIVERY OR FAILURE TO STORE STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY USER COMMUNICATIONS IMPLIED OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY OTHER WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NON- INFRINGEMENT, WHICH DISCLAIMER SHALL INCLUDE, WITHOUT LIMITATION, A DISCLAIMER OF ALL WARRANTIES WITH RESPECT TO SUPPLIERS’ AND/OR VENDORS’ GOODS INCORPORATED INTO OR USED WITH THE GOODS. ANY SERVICES PERFORMED BY TRANSCON ON BEHALF OF OR FOR CUSTOMER ARE PROVIDED ON AN “AS IS” BASIS AND TRANSCON MAKES NO WARRANTY WARRANTIES WHATSOEVER, EXPRESS OR REPRESENTATION REGARDING THE RESULTS IMPLIED, WITH RESPECT TO SUCH SERVICES. TRANSCON DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO SUCH SERVICES. TRANSCON HAS NO AND EXPRESSLY DISCLAIMS ANY DUTY TO VERIFY THIRD PARTY INFORMATION, INCLUDING, WITHOUT LIMITATION, MSDS SHEETS, LABELS, AND LABELLING OBLIGATIONS, AND CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT MAY BE OBTAINED FROM THE USE OF THE ANY RELIANCE BY CUSTOMER ON TRANSCON’S SERVICES, THE ACCURACY WHICH MAY OR RELIABILITY OF ANY MAY NOT INCLUDE THIRD PARTY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USERSHALL BE AT CUSTOMER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESOLE RISK AND LIABILITY.

Warranty Disclaimer. RECIPIENT ACKNOWLEDGES AND ACCEPTS THE SERVICES INHERENT RISK IN ACQUISITION, PROCESSING AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT INTERPRETATION OF GEOLOGICAL, GEOPHYSICAL, COMMERCIAL, INTERPRETATIVE AND OTHER DATA OF ALL KINDS. DISCLOSING PARTY REPRESENTS THAT IT HAS THE RIGHT TO DISCLOSE THE INFORMATION. DISCLOSING PARTY MAKES NO REPRESENTATIONS OR AS REQUIRED BY LAWWARRANTIES, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING AS TO ACCURACY, QUALITY OR COMPLETENESS OF THE HARDWAREINFORMATION, AND ONLY SPECIFIC REPRESENTATIONS AND WARRANTIES MADE IN A DEFINITIVE AGREEMENT OR AGREEMENTS (WHEN AND IF THE SOFTWARESAME IS OR ARE FULLY EXECUTED AND DELIVERED) SHALL HAVE LEGAL EFFECT. WITHOUT LIMITING ANY OBLIGATION THAT DISCLOSING PARTY MAY EXPRESSLY UNDERTAKE IN A DEFINITIVE AGREEMENT OR AGREEMENTS REGARDING THE POSSIBLE TRANSACTION, NEITHER DISCLOSING PARTY NOR ITS REPRESENTATIVES OR AFFILIATES SHALL BE LIABLE TO RECIPIENT OR ANY PART THEREOFOTHER PERSONS IN CONTRACT, INCLUDING WITHOUT LIMITATIONTORT, ANY WARRANTIES SECURITIES LAWS OR OTHERWISE AS A RESULT OF MERCHANTABILITY THE POSSIBLE TRANSACTION AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESINFORMATION, ERRORS THEREIN OR OMISSIONS THEREFROM, BY RECIPIENT OR THOSE IN PRIVITY WITH OR RELATED TO RECIPIENT. RECIPIENT AGREES THAT NEITHER RECIPIENT NOR ITS AFFILIATES AND/OR REPRESENTATIVES SHALL RELY UPON THE INFORMATION, IT IS DISCLOSED ‘AS IS, WHERE IS’, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND IT AND/OR THEY SHALL SATISFY ITSELF AND/OR THEMSELVES AS TO ITS ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESAND COMPLETENESS, OR AND THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREERECIPIENT SHALL MAKE INDEPENDENT VERIFICATION THEREOF.

Warranty Disclaimer. THE SERVICES SOLUTION IS MADE AND RELATED DOCUMENTATION DESIGNED SPECIFICALLY TO IDENTIFY POTENTIAL POINTS OF FAILURE IN SOFTWARE AND HARDWARE SYSTEMS AND INFORMATION TECHNOLOGY OPERATING ENVIRONMENTS AND TO CAUSE FAILURE IN SUCH SOFTWARE AND HARDWARE SYSTEMS AND INFORMATION TECHNOLOGY OPERATING ENVIRONMENTS. XXXXXXX MAKES NO WARRANTY THAT THE SOLUTION IS SAFE FOR USE OR THAT ONLY SOFTWARE AND HARDWARE SYSTEMS AND INFORMATION TECHNOLOGY OPERATING ENVIRONMENTS THAT ARE IDENTIFIED IN A TESTING PLAN WILL BE CAUSED TO FAIL.THE SOLUTION IS PROVIDED “AS IS.” EXCEPT AND ON AN “AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAVAILABLE” BASIS WITH ALL FAULTS, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESSDEFECTS AND ERRORS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND. GREMLIN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, EITHER EXPRESS OR IMPLIED, CONCERNING ARISING BY LAW OR OTHERWISE) REGARDING THE HARDWARE, THE SOFTWARE, SOLUTION AND THEIR PERFORMANCE OR ANY PART THEREOFSUITABILITY FOR CUSTOMER’S INTENDED USE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FOR THE AVOIDANCE OF DOUBT, XXXXXXX MAKES NO WARRANTY, GUARANTY, COMMITMENT OR OTHER OBLIGATION RELATED TO THE ACCURACY OR COMPLETENESS OF ANY RESULTS (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY PREDICTIONS OR FITNESS PREDICTIVE ANALYTICS INCLUDED IN SUCH RESULTS) AND CUSTOMER IS SOLELY RESPONSIBLE FOR A PARTICULAR PURPOSE, ITS USE AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESUCH RESULTS.

Warranty Disclaimer. To the fullest extent allowed by applicable law, neither Gympass nor its licensors, suppliers, or Third-Party Providers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND RELATED DOCUMENTATION CONTENT ARE PROVIDED BY GYMPASS ON AN “AS AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT BASIS, WITHOUT WARRANTIES OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREINCLUDING, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY NON-INFRINGEMENT, OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESSERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ACCURACY ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Waiver and Release. YOU UNDERSTAND AND ACKNOWLEDGE THAT GYMPASS INTERMEDIATES SERVICES WITH THIRD-PARTY PROVIDERS, AND GYMPASS ITSELF IS NOT A FITNESS OR RELIABILITY WELLNESS PROVIDER AND DOES NOT OWN OR MANAGE ANY FITNESS OR WELLNESS PROVIDER. GYMPASS DOES NOT ASSESS THE SUITABILITY, COMPLIANCE WITH ANY APPLICABLE RULES OR REGULATIONS OR QUALITY OF ANY INFORMATION OBTAINED THROUGH FACILITY, CLASS OR SESSION PROVIDED BY ANY THIRD PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE THE SERVICESCOMPANY FROM ANY AND ALL LIABILITY, CLAIMS, OR THAT DAMAGES ARISING FROM, OR IN ANY WAY RELATED TO, YOUR USE OF GYMPASS SERVICES AND THE SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER. GYMPASS WILL MEET ANY USER’S REQUIREMENTSNOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. YOU ACKNOWLEDGE THAT ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES, AND/ OR ASSIGNS, THAT THERE ARE INHERENT RISKS AND DANGERS IN EXERCISE AND WELLNESS ACTIVITIES. BY BOOKING, ATTENDING AND PARTICIPATING IN THE SERVICES OF THIRD PARTY PROVIDERS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE OF THE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE UNINTERRUPTED, TIMELY, SECURE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR ERROR FREEHARM.

Warranty Disclaimer. BITGLASS MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES AND RELATED DOCUMENTATION ARE SERVICES, SOFTWARE OR OTHER CONTENT, MATERIALS OR INFORMATION PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THIS AGREEMENT OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 6.1 AND THE BITGLASS SLA, AND BITGLASS DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AS REQUIRED BY LAWNONINFRINGEMENT OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, WE ASSUME DEALING, USAGE OR TRADE. WITHOUT LIMITING THE FOREGOING, BITGLASS PROVIDES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE WARRANTY THAT USE OF THE SERVICES IS AT YOUR SOLE RISKOR THE SITE WILL BE SECURE OR FREE FROM BUGS, VIRUSES OR ERROR (OTHER THAN AS EXPRESSLY WARRANTED IN SECTION 6.1 ABOVE), THAT THE SERVICES OR THE SITE, OR ANY MATERIAL AND/FEATURES OR FUNCTIONALITY THEREOF, WILL BE UNINTERRUPTED OR AVAILABLE WHEN NEEDED (OTHER THAN AS EXPRESSLY PROVIDED IN THE BITGLASS SLA) OR THAT THE DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE AND INFORMATION YOU PROVIDE IN CONNECTION WITH USE OF THE SERVICES IS DOWNLOADED AND THE SITE WILL BE SECURE, BACKED-UP OR OBTAINED AT YOUR OWN DISCRETION PRESERVED. THE FOREGOING DISCLAIMERS AND RISK AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT, FOLLOWING THE TERMINATION OF THIS AGREEMENT, BITGLASS WILL HAVE NO OBLIGATION TO RETAIN OR STORE ANY DATA OR OTHER INFORMATION THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE SUBMIT TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THROUGH THE DOWNLOAD SERVICES OR THE OBTAINING OF SUCH MATERIAL AND/SITE. YOU ARE ADVISED TO BACK UP AND STORE ANY DATA OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OTHER INFORMATION THAT YOU SUBMIT TO OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT WITH THE SERVICES WILL MEET ANY USER’S REQUIREMENTSAND THE SITE AND, BE UNINTERRUPTEDSPECIFICALLY, TIMELY, SECURE OR ERROR FREETO BACKUP AND STORE SUCH DATA AND INFORMATION PRIOR TO THE TERMINATION OF THIS AGREEMENT.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT SECTION 5, SCHEDULE “B” OR AS REQUIRED BY LAWSCHEDULE “C”, WE ASSUME NO RESPONSIBILITY FOR BLUECAT DOES NOT REPRESENT OR WARRANT THAT THE TIMELINESS, DELETION, MISDELIVERY BLUECAT OFFERINGS WILL BE UNINTERRUPTED OR FAILURE TO STORE ANY USER COMMUNICATIONS ERROR FREE OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED ALL ERRORS CAN OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT CORRECTED; NOR DOES IT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESANY OF THEM. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3.2, THIS SECTION 5, AND SCHEDULE “B”, THE ACCURACY BLUECAT OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUECAT HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESS OR RELIABILITY IMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON- INFRINGEMENT, CURRENCY, RELIABILITY, SECURITY, OR UNINTERRUPTED USE. NO WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY BLUECAT WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, BLUECAT EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION OBTAINED THROUGH PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF ANY OF THE SERVICESBLUECAT OFFERINGS IS ACCURATE, OR THAT THE SERVICES WILL MEET CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEPURPOSE WHATSOEVER.

Warranty Disclaimer. Data Resolve WARRANTS THAT IT HOLDS ALL RIGHT, TITLE AND INTEREST IN AND TO MobSec OR THAT IT IS OTHERWISE ENTITLED TO PROVIDE MobSec TO YOU ON THE SERVICES TERMS CONTAINED HEREIN. Data Resolve WARRANTS THAT MobSec, WHEN IT IS DELIVERED TO YOU, IS FREE OF VIRUSES, TROJAN HORSES, WORMS, AND RELATED DOCUMENTATION ARE OTHER SIMILAR DESTRUCTIVE OR DISABLING CODE. THE ABOVE IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY Data Resolve. MobSec IS PROVIDED ON AN “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND BASIS AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES SOFTWARE IS AT YOUR SOLE RISK. Data Resolve EXPRESSLY DISCLAIMS AND YOU HEREBY EXPRESSLY WAIVE ALL OTHER CONDITIONS, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION WARRANTIES AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESREPRESENTATIONS, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS ; THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, MobSec WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES OPERATION OF MobSec WILL MEET ANY USER’S REQUIREMENTSBE UNINTERRUPTED OR ERROR- FREE OR THAT ERRORS IN MobSec, IF ANY, WILL BE UNINTERRUPTEDCORRECTED. Data Resolve’s ABOVE LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF Data Resolve FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, TIMELY, SECURE USE OR ERROR FREEPERFORMANCE OF MobSec. MobSec’s FAILURE TO PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS SHALL NOT BE CONSIDERED A FAILURE OF THE ESSENTIAL PURPOSE OF THE WARRANTIES CONTAINED HEREIN.

Warranty Disclaimer. USER ACKNOWLEDGES THAT THE Zoneomics SERVICES AND RELATED DOCUMENTATION ARE PROVIDED ON AN “AS IS.” EXCEPT AND “AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY FOR Zoneomics, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL, AND MAKE NO, WARRANTIES OF ANY KIND (WHETHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE ARISING IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) WITH RESPECT TO THE TIMELINESSZoneomics SERVICES, DELETIONINCLUDING, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF WITHOUT LIMITATION, THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL CONDITIONS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIEDMERCHANTABLE QUALITY, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR LOSS OF DATA. Zoneomics FURTHER EXPRESSLY DISCLAIMS ANY AND WE MAKE NO WARRANTY ALL LIABILITY ARISING OUT OF OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED RELATING TO ANY THIRD-PARTY SITES LINKED TO FROM THE USE OF Zoneomics SERVICES. Zoneomics DOES NOT WARRANT THAT THE SERVICES, FUNCTIONS CONTAINED IN THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, Zoneomics SERVICES WILL MEET USER’S REQUIREMENTS OR THAT THE OPERATION OF THE Zoneomics SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. Zoneomics IS NOT OBLIGATED TO PROVIDE USER WITH ANY UPDATES TO THE Zoneomics SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEBUT MAY ELECT TO DO SO IN ITS SOLE DISCRETION.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR THE AGREEMENT, BLUIP AND BLUIP ON BEHALF OF ITS RELATED PARTIES THIRD PARTY CARRIERS AND OTHER SUPPLIERS, DISCLAIMS ALL WARRANTIES. THE SERVICES, BLUIP COMMUNICATIONS SERVICE, SOFTWARE INITIAL SERVICE ITEMS AND EQUIPMENT ARE PROVIDED TO CUSTOMER ON AN "AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND IS" ‘WHERE IS” AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING "AS AVAILABLE" BASIS WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, KIND EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWAREINCLUDING BUT NOT LIMITED TO THOSE RELATED TO ACCURACY, THE SOFTWAREDURABILITY, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE TITLE, NON-INFRINGEMENT OR THOSE ARISING FROM COURSE OF DEALING, CUSTOM USAGE OF TRADE OR PRIOR DEALING. BLUIP MAKES NO WARRANTY REPRESENTATIONS OR REPRESENTATION REGARDING THE RESULTS WARRANTIES THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE COMPLETE, OR ERROR ERROR-FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION OR ADVICE GIVEN OR PROVIDED BY BLUIP, OR BLUIP’S RELATED PARTIES, SHALL NOT BE DEEMED TO CREATE OR IN ANY WAY, INCREASE THE SCOPE OF THE WARRANTIES SET FORTH HEREIN, AND THAT CUSTOMER SHALL NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

Warranty Disclaimer. THE SERVICES WARRANTIES IN THE FIRST SENTENCE OF SECTION 6 (PROPRIETARY RIGHTS INDEMNIFICATION), IN SECTION 7 (WARRANTIES) AND RELATED DOCUMENTATION IN SECTION 4 (WARRANTIES) OF EXHIBIT A (PROFESSIONAL SERVICES) ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED THE SOLE AND EXCLUSIVE WARRANTIES TO GE UNDER THIS AGREEMENT, AND IN THIS AGREEMENT LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESSTATUTORY, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, TITLE AND WE NONINFRINGEMENT. GMI'S LICENSORS AND SUPPLIERS MAKE NO WARRANTY REPRESENTATIONS OR REPRESENTATION REGARDING WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. GMI DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM SOFTWARE WILL OPERATE IN COMBINATIONS OTHER THAN AS SPECIFIED IN THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, DOCUMENTATION OR THAT THE SERVICES OPERATION OF THE SOFTWARE WILL MEET BE UNINTERRUPTED OR ERROR-FREE. PRE-PRODUCTION RELEASES OF SOFTWARE ARE DISTRIBUTED "AS IS", HOWEVER, IF GE IS TO RECEIVE A PRE-PRODUCTION RELEASE OF SOFTWARE IT SHALL BE NOTIFIED IN ADVANCE AS TO THE STATUS OF THE SOFTWARE. NEITHER THE SOFTWARE NOR THE GMI DELIVERABLES ARE INTENDED FOR USE DIRECTLY IN ANY USER’S REQUIREMENTSNUCLEAR, BE UNINTERRUPTEDAVIATION, TIMELYMASS TRANSIT, SECURE MEDICAL, OR ERROR FREEOTHER INHERENTLY DANGEROUS APPLICATION. GMI EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USE. GE REPRESENTS AND WARRANTS THAT IT SHALL NOT DIRECTLY OR INDIRECTLY USE THE SOFTWARE OR THE GMI DELIVERABLES TO DEVELOP, TEST OR DEPLOY ANY APPLICATIONS FOR SUCH PURPOSES.

Warranty Disclaimer. EXCEPT AS SET FORTH UNDER THIS CLAUSE 4 OR AS OTHERWISE SPECIFIED IN THIS AGREEMENT, SUPPLIER MAKES NO OTHER WARRANTY WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, AND RELATED DOCUMENTATION DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE INCLUDING CUSTOMERS BUSINESS REQUIREMENTS. ANY BETA SERVICES ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE AND EXCLUSIVE OF ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSWARRANTY WHATSOEVER. YOU UNDERSTAND AND EXPRESSLY AGREE SUPPLIER DOES NOT WARRANT THAT USE OF THE SERVICES ARE ERROR- FREE, UNINTERRUPTED OR CONTINUOUS OR THAT IT IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH COMPATIBLE WITH CUSTOMER’S SYSTEMS (OTHER THAN AS SPECIFIED IN THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE DOCUMENTATION) SUPPLIER SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARELOSS, OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY PART THEREOFINFORMATION, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY INSTRUCTIONS OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH SCRIPTS PROVIDED TO SUPPLIER BY CUSTOMER IN CONNECTION WITH THE SERVICES, OR THAT ANY ACTIONS TAKEN BY SUPPLIER AT CUSTOMER’S DIRECTION. FURTHER, SUPPLIER SHALL HAVE NO LIABILITY FOR ANY DELAYS, DELIVERY FAILURES, LIMITATIONS TO THE SERVICES WILL MEET AND ANY OTHER LOSS OR DAMAGE INCURRED ARISING FROM OR RELATED TO CUSTOMER’S OR ANY AUTHORIZED USER’S REQUIREMENTSNETWORK CONNECTIONS, BE UNINTERRUPTEDOR TELECOMMUNICATIONS LINKS, TIMELY, SECURE OR ERROR FREEANY INTERNET ISSUES.

Warranty Disclaimer. EXCEPT AS SET FORTH UNDER THIS CLAUSE 4 OR AS OTHERWISE SPECIFIED IN THIS AGREEMENT, SUPPLIER MAKES NO OTHER WARRANTY WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, AND RELATED DOCUMENTATION DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE INCLUDING CUSTOMERS BUSINESS REQUIREMENTS. ANY BETA SERVICES ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE AND EXCLUSIVE OF ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSWARRANTY WHATSOEVER. YOU UNDERSTAND AND EXPRESSLY AGREE SUPPLIER DOES NOT WARRANT THAT USE OF THE SERVICES ARE ERROR-FREE, UNINTERRUPTED OR CONTINUOUS OR THAT IT IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH COMPATIBLE WITH CUSTOMER’S SYSTEMS (OTHER THAN AS SPECIFIED IN THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE DOCUMENTATION) SUPPLIER SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARELOSS, OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY PART THEREOFINFORMATION, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY INSTRUCTIONS OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH SCRIPTS PROVIDED TO SUPPLIER BY CUSTOMER IN CONNECTION WITH THE SERVICES, OR THAT ANY ACTIONS TAKEN BY SUPPLIER AT CUSTOMER’S DIRECTION. FURTHER, SUPPLIER SHALL HAVE NO LIABILITY FOR ANY DELAYS, DELIVERY FAILURES, LIMITATIONS TO THE SERVICES WILL MEET AND ANY OTHER LOSS OR DAMAGE INCURRED ARISING FROM OR RELATED TO CUSTOMER’S OR ANY AUTHORIZED USER’S REQUIREMENTSNETWORK CONNECTIONS, BE UNINTERRUPTEDOR TELECOMMUNICATIONS LINKS, TIMELY, SECURE OR ERROR FREEANY INTERNET ISSUES.

Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES CISCO PATENT, CISCO TECHNOLOGY, AND RELATED DOCUMENTATION INTERPHASE TECHNOLOGY ARE PROVIDED “LICENSED HEREUNDER "AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING " WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED HEREIN, EITHER NEITHER CISCO NOR INTERPHASE MAKES ANY WARRANTY TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY OF THE FOREGOING OR ANY LICENSES OR SERVICES AND EACH PARTY HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE HARDWAREINCLUDING, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, AND WE CISCO DOES NOT WARRANT, GUARANTEE OR MAKE NO WARRANTY OR ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS THAT MAY BE OBTAINED FROM OF THE USE, OF THE CISCO PATENT, CISCO TECHNOLOGY OR RELATED DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE AND INTERPHASE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICESINTERPHASE TECHNOLOGY OR RELATED DOCUMENTATION IN TERMS OF CORRECTNESS, THE ACCURACY ACCURACY, RELIABILITY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEOTHERWISE.

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH SERVICE, THE CLIENT SOFTWARE, SAMPLE DATA, AND ALL TECHNICAL SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAWAND SNOWFLAKE MAKES NO OTHER WARRANTIES, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, STATUTORY OR ANY PART THEREOFOTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS NONINFRINGEMENT. SNOWFLAKE DOES NOT WARRANT THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES SNOWFLAKE WARRANT THAT IT WILL REVIEW THE SERVICES, THE CUSTOMER DATA FOR ACCURACY OR RELIABILITY THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS. SNOWFLAKE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF ANY INFORMATION OBTAINED THROUGH THE SERVICESINTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO THIRD-PARTY HOSTING PROVIDERS WITH WHOM CUSTOMER SEPARATELY CONTRACTS. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, OR THAT BUT THE SERVICES WILL MEET ANY USER’S REQUIREMENTSDURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREELIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROGRAM IS PROVIDED “"AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME " WITH NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND. IN NO EVENT DOES NNA WARRANT THAT THE DEALER PORTAL IS ERROR FREE OR THAT DEALER WILL BE ABLE TO OPERATE THE DEALER PORTAL WITHOUT PROBLEMS OR INTERRUPTIONS. IN ADDITION, EITHER DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, NNA DOES NOT WARRANT THAT THE DEALER PORTAL OR ANY EQUIPMENT, SYSTEM OR NETWORK ON WHICH THE PORTAL IS USED WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. THERE IS NO GUARANTEE THAT THE ADOPTION OF THE PROGRAM BY DEALER WILL INCREASE SALES. ALL EXPRESS OR IMPLIEDIMPLIED CONDITIONS, CONCERNING THE HARDWAREREPRESENTATIONS, THE SOFTWAREAND WARRANTIES INCLUDING, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESSATISFACTORY QUALITY, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESNONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. NNA DOES NOT WARRANT THAT THE SERVICES PROGRAM WILL MEET ANY USEROF DEALER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Warranty Disclaimer. Aruba warrants to you (and only you) that any media on which the Programs are recorded will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date the Programs are delivered to you. If a defect in any such media should occur during this 90-day period, the media may be returned to Aruba (or if you received such Programs from a reseller, to such reseller) and Aruba or the reseller, as applicable, will replace the media without charge to you. Aruba shall have no responsibility to replace media if the failure of media results from accident, abuse or misuse of the media. ARUBA AND ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICES AND RELATED DOCUMENTATION FUNCTIONS CONTAINED IN THE PROGRAMS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE PROGRAMS ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME TO YOU WITH NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND WE MAKE YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. LIMITATION OF LIABILITY YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF ARUBA AND ITS SUPPLIERS RELATED TO THE PROGRAMS SHALL BE EXPRESSLY LIMITED TO REPLACEMENT OF MEDIA AS PROVIDED ABOVE. IN NO WARRANTY EVENT WILL ARUBA OR REPRESENTATION REGARDING ANYONE ELSE WHO HAS BEEN INVOLVED IN THE RESULTS THAT MAY BE OBTAINED FROM THE USE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICESPROGRAMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, EVEN IF THEY HAVE BEEN ADVISED OF THE ACCURACY OR RELIABILITY POSSIBILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREESUCH DAMAGES.

Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE SOFTWARE IS PROVIDED TO YOU “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY PROPHETSTOR, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS OR LACK OF VIRUSES, AND ANY WARRANTIES REGARDING THE TIMELINESSSECURITY, DELETION, MISDELIVERY RELIABILITY OR FAILURE TIMELINESS OF THE SOFTWARE. PROPHETSTOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE. PROPHETSTOR DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE CONTINUOUS OR UNINTERRUPTED AND PROPHETSTOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSFROM THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISKANY SOFTWARE, THAT ANY MATERIAL AND/MATERIAL, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SOFTWARE IS DOWNLOADED OR OBTAINED DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGESDAMAGE TO YOUR COMPUTER, DEVICE, SYSTEM, OR NETWORK, INCLUDING WITHOUT LIMITATION DAMAGE ANY LOSS OR CORRUPTION OF DATA. THE FOREGOING WARRANTY DISCLAIMER SHALL NOT MODIFY, CONSTRUE, OR AMEND THE APPLICABLE WARRANTY THAT RELATES TO YOUR COMPUTER SYSTEM OR LOSS USE, IF APPLICABLE, OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATAPROPHETSTOR DEVICES. WE DO PROPHETSTOR DOES NOT MAKE ANY REPRESENTATIONS ABOUT AND DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY THIRD-PARTY CONTENT, ANY NON-PROPHETSTOR DEVICE, OR THE ACTIONS OR OMISSIONS OF A SERVICE PROVIDER OR THIRD-PARTY CONTENT OWNER. PROPHETSTOR IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT, ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, QUALITY, OR ANY KINDOTHER ASPECT OF THIRD-PARTY CONTENT. PROPHETSTOR, EITHER EXPRESS ITS OFFICERS, AFFILIATES, AND SUBSIDIARIES DO NOT WARRANT OR IMPLIEDENDORSE AND DO NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD- PARTY CONTENT OR WEB SITES, CONCERNING OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES ACCESSED THROUGH THE HARDWARE, SOFTWARE. TO THE EXTENT YOU CHOOSE TO USE OR ACCESS ANY THIRD-PARTY CONTENT THROUGH THE SOFTWARE, OR YOU DO SO AT YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY PART THEREOFAPPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, LIMITATION APPLICABLE LOCAL LAWS AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEPRIVACY AND DATA COLLECTION LAWS.

Warranty Disclaimer. THE SERVICES SERVICES, THEIR USE AND RELATED DOCUMENTATION THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS.” EXCEPT AND “AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY AVAILABLE” BASIS. COMPANY MAKES NO GUARANTEES WITH RESPECT THERETO, AND DOES NOT GUARNATEE THAT ANY INVENTORY WILL BE AVAILABLE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE ASSUME COMPANY MAKES NO RESPONSIBILITY FOR WARRANTIES (INCLUDING THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY IMPLIED WARRANTIES OF ANY KINDMERCHANTABILITY, EITHER EXPRESS OR IMPLIEDSATISFACTORY QUALITY, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY NON-INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR REPRESENTATION REGARDING OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESULTS THAT MAY BE OBTAINED FROM RESPONSES INTO SALES OR OTHER ACTIONS. COMPANY DOES NOT WARRANT OR GUARANTEE THE USE OF THE SERVICES, THE ACCURACY PROFILE OR RELIABILITY DEMOGRAPHICS OF ANY INFORMATION OBTAINED THROUGH END USER OR RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL INSERTION ORDERS AND CAMPAIGNS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND INVENTORY. COMPANY WILL MAKE GOOD FAITH EFFORTS TO MEET SCHEDULED DELIVERY OF ADVERTISEMENTS AND ONLINE DATES, BUT MAKES NO GUARANTEE AND WILL HAVE LIABILITY FOR ITS FAILURE TO MEET SAID DATES, NOR WILL IT HAVE ANY LIABLITY FOR THE SERVICESCONTENT OF ANY ADVERTISEMENT OR ANY SITES, APPES OR THAT MEDIA ON WHICH THE SERVICES WILL MEET ADVERTISEMENT APPEARS, NOR FOR ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREEINTERRUPTIONS IN THE SERVICE.

Warranty Disclaimer. EXCEPT FOR THE SERVICES AND RELATED DOCUMENTATION WARRANTY OF TITLE AS SET FORTH BELOW, THE ITEMS ARE PROVIDED “ON AN "AS IS." AND “WHERE IS” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT BASIS, WITH ALL FAULTS, LATENT AND PATENT. . ALL WARRANTIES, EXPRESS OR AS REQUIRED IMPLIED, ARE DISCLAIMED BY LAWTEXAS INSTRUMENTS AND DO NOT APPLY, WE ASSUME NO RESPONSIBILITY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSA PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE TEXAS INSTRUMENTS’ TRANSFER OF THE SERVICES IS AT YOUR SOLE RISKITEM(S) DOES NOT CONVEY TO RECIPIENT ANY LICENSE OR SUBLICENSE UNDER ANY PATENT, THAT ANY MATERIAL AND/COPYRIGHT, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KINDOTHER INTELLECTUAL PROPERTY RIGHT, EITHER EXPRESS OR IMPLIED, CONCERNING . RECIPIENT HEREBY RELEASES TI FROM ANY LIABILITY WITH RESPECT TO ANY AND ALL MATTERS RELATING TO THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOFITEMS PURCHASED HEREUNDER, INCLUDING WITHOUT LIMITATION: (i) THE QUALITY, NATURE, ADEQUACY, AND PHYSICAL CONDITION OF THE ITEMS, AND (ii) THE MERCHANTABILITY, OR FITNESS, SUITABILITY, VALUE, OR ADEQUACY OF THE ITEMS FOR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TI ADDITIONALLY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ITEMS TO BE PROVIDED HEREUNDER HAS ADEQUATE CAPACITY OR FUNCTIONALITY TO SERVE RECIPIENT’S INTENDED MANUFACTURING PROCESSES OR BUSINESS PURPOSES OR IS ADEQUATE TO PROTECT THE ENVIRONMENT OR SAFETY OF PERSONS OR PROPERTY, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS RECIPIENT HEREBY ACKNOWLEDGES THAT MAY BE OBTAINED FROM THE USE IT HAS UNDERTAKEN ITS OWN ASSESSMENT AND EVALUATION OF THE SERVICESITEMS FOR SUCH PURPOSES AND IS RELYING SOLELY ON ITS OWN ASSESSMENT AND EVALUATION AND NOT ON ANY OPINIONS GIVEN BY TI OR TI'S EMPLOYEES, THE ACCURACY AFFILIATES, REPRESENTATIVES OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESAGENTS. Texas Instruments represents and warrants that it has good and marketable title to the Items. Upon Recipient’s payment of the total purchase price as specified in Section 7 below and successful completion of all of Recipient’s obligations under this Agreement, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREETexas Instruments will deliver to Recipient an executed bill of sale for all of the Items in a form reasonably acceptable to Recipient.

Warranty Disclaimer. THE SERVICES HEALTHIERHERE IS NOT RESPONSIBLE FOR AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY SHALL NOT BE LIABLE FOR THE TIMELINESSCONTENT, DELETIONUSE, MISDELIVERY OR FAILURE DISCLOSURE OF CLIENT INFORMATION OR SHARED DATA COLLECTED, STORED, ACCESSED, RETRIEVED OR TRANSMITTED TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGSFROM THE PARTICIPANTS. YOU UNDERSTAND AND EXPRESSLY AGREE PARTICIPANT ACKNOWLEDGES THAT USE THE CLIENT INFORMATION VIEWED OR ACCESSED THROUGH SHARED DATA IS EITHER SELF REPORTED BY THE CLIENT OR COMES FROM ONE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK PARTICIPANTS AND THAT YOU WILL SUCH CLIENT INFORMATION MAY NOT BE COMPLETE, ACCURATE OR UP-TO-DATE. PARTICIPANT AND ITS AUTHORIZED USERS ARE SOLELY RESPONSIBLE FOR ANY DAMAGESCONFIRMING THE COMPLETENESS, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM ACCURACY AND TIMEFRAME OF ALL CLIENT INFORMATION RETRIEVED FROM SHARED DATA, AND FOR THE USE, DISCLOSURE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OMISSION OF SUCH MATERIAL AND/CLIENT INFORMATION IN CONNECTION WITH A CLIENT'S CARE OR DATACOORDINATION OF CARE AND RELATED SERVICES. WE DO HEALTHIERHERE SHALL NOT MAKE BE LIABLE FOR ANY ACT OR OMISSION OF THE PARTICIPANTS. HEALTHIERHERE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET THE REQUIREMENTS OUTSIDE OF THIS AGREEMENT OF ANY PERSON, WILL OPERATE ERROR-FREE OR CONTINUOUSLY, AND HEALTHIERHERE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR REPRESENTATIONS CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF THE CIE. PARTICIPANT AGREES THAT HEALTHIERHERE HAS MADE NO AGREEMENTS, REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND WE MAKE THAT NO FUTURE AGREEMENT, REPRESENTATION OR WARRANTY OF HEALTHIERHERE WITH REGARD TO INFORMATION AND SERVICES PROVIDED UNDER THIS AGREEMENT SHALL BE EFFECTIVE UNLESS EXPRESSLY STATED IN AN AMENDMENT TO THIS AGREEMENT. NO STATEMENT OR REPRESENTATION REGARDING THE RESULTS DESCRIPTION INCLUDED IN ANY ATTACHMENT, GUIDANCE, AMENDMENT, ADDENDUM OR OTHER DOCUMENTATION PUBLISHED BY HEALTHIERHERE FOR ANY PURPOSE SUBJECT TO OR INCLUDED UNDER THIS AGREEMENT SHALL BE DEEMED AN AMENDMENT OF THIS PROVISION UNLESS IT EXPRESSLY STATES THAT MAY BE OBTAINED FROM THE IT IS INTENDED AS SUCH AN AMENDMENT. PARTICIPANT’S USE OF THE SERVICESCIE IS INTENDED FOR RE ONLY AND DO NOT REPRESENT HEALTHIERHERE'S RECOMMENDATIONS. PARTICIPANT ACKNOWLEDGES THAT THE CIE IS NOT DESIGNED OR INTENDED FOR USE IN ANY ENVIRONMENT IN WHICH THE UNAVAILABILITY OF CIE COULD LEAD TO DEATH, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICESPERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE SERVICES SHARED DATA ARE NOT INTENDED TO BE STATEMENTS OF FACT OR TRUTH. HEALTHIERHERE ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, UP-TO-DATE STATUS, OR COMPLETENESS OF THE SHARED DATA, NOR THE SHARED DATA’S COMPLIANCE WITH LEGAL REQUIREMENTS OR XXXX THE CIE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. PARTICIPANT ACKNOWLEDGES AND AGREES THAT HEALTHIERHERE AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT: (A) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE SHARED DATA, WEB SITES, COMPUTERS, OR NETWORKS. HEALTHIERHERE WILL MEET ANY USER’S REQUIREMENTS, NOT BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.RESPONSIBLE FOR SUCH ACTIVITIES